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extracted text: RF_POL_1_SUDHA

DECCAN HERALD, JUNl2,

1903 (Page 6)

A CRITICAL VIEU O~F PANCHnYAT;RAJ BILL

BY Dr. Mumtaz Ali Kham

THE KARNATAKA Zills Parishads, Handal Panchayats end

Nyaya Panchayats Bill, 1983 is now before the public for
its reactions, comments and suggestions.

This Bill is

a vary significant piece of social legislation.which is

.

directed to bring about rural transformation.
The Karnataka State enacted the Village Panchayats and
Taluk Boards Act of 1959 which enabled the Government to

have a three-tier structure, namely, Village Panchayats,
Taluk Development Boards and District Development Councils.

After nearly a quarter of a century, it is now realised

that notmuch could be done by these Panchayati Raj institu

tions either.
Having realised that the basic prerequisite for implemen
ting its programmes is a well-knit and

ffective system of

rural administration, the Janata Government has come forward

with the present Bill.

It is divided into 14 chapters

containing 319 sections and five schedules.

The most impo

rtant chapters are: Chapter II (Gram Sabha) Chapter III,
IV, V ( Handal Panchayats) Chapters VII, VIII &. IX(Zilla

Parishads), and Chapters X, XI, XII and XIII

(Nyaya Panch

ayats).
As against the. existing Act of 1959 which has a three-tier

structure, the present Bill has primarily a two-tier
structure, namely, the Mandal Panchayats and Zilla Pari

shads.

The Mandal Panchayats replace the existing

Village

Panchayati Raj, whereas the present Bill provides for a

separate judicial system for the rural people.

. .2

alTH cell

The exist

ing Act has no reference to the judicial functions of the

’

Parishads, the District Development Councils.

COMM J N 'l' r g t M ark sRoad

Panchayats and Taluk Development Boards, and the Zilla ~

-2GRAM SASHA

The Gram Sabha is the Village Assembly which consists of

nil persons whose nemes ere included in the electoral
rollso of the Zilla Parishad as applicable to the revenue

village concerned.

Its functions relate to implementation

of the village developmental programmes, unity and

integration of all sections of society in the village
establishment of a Land Army for all able-bodied persons

in the village and promotion of adult education programmes.

The Gram 5abha is expected to offer recommendations and
suggestions to the Mandal Panchayat and Zilla Parishad.

The Mandal Panchayat consists of a revenue village or a
group of revenue villages having a population of not less

than 15,000 and not more than 20,000.

It will have 15 to

20 elected members at th,<5 rate of one member for every
thousand population of the mandal.

There is a provision f

for reserving 30 per cent seats for women, at leps? one

for Backward Classes and such number of seats to the
Scheduled Casts ond Scheduled Tribes depending on their
population in proportion to the total population and the

total number of seats in the mandal.

Every voter shall ?i

have as many votes as the members to be elected for the
constituency.
The deputy Commissioner is empowered to appoint an
Administrative Committee consisting of persons qualified

to be elected or appoint as administrator, if he is
satisfied that a Mandal Panchayat cannot be constituted

for certain reasons as laid down in the Bill.

Such a

committee or administrator shall not hold office for

more than one year.

The term of office of the Mandal Panchayat is five years.
The term of office of thd Pradhana and Upaprndhana will

be coturminus with thair membership.

While the Pradhana

. .3

-2-

GRAM SABHA
The Gram Sabha is the Village Assembly which consists of

all persons whose nemes <:re included in the electoral

rollso of the Zilla Parishad as applicable to the revenue

village concerned.

Its functions relate to implementation

of the village developmental programmes, unity and

integration of all sections of society in the village
establishment of a Land Army for all able-bodied persons
in the village and promotion of adult education programmes.

The Gram Sabha is expected to offer recommendations and
suggestions to the Mandal Panchayat and Zilla Parishad.

The Mandal Panchayat consists of a revenue village or a
group of revenue villages having a population of not less
than 15,000 and not more than 20,000.

It will have 15 to

20 elected members at the rate of one member for every

thousand population of the mandal.

There is a provision ?

for reserving 30 per cent seats for women, at lers? one

for Backward Classes and such number of scats to the
Scheduled Casts ond Scheduled Tribes depencing on their

population in proportion to the total population and the

total number of seats in the mandal.

Every voter shall ?i.-.

have as many votes as the members to be ele'eted for the
constituency.
The deputy Commissioner is empowered to appoint an

Administrative Committee consisting of persons qualified
to be elected or appoint as administrator, if he is

satisfied that a Mandal Panchayat cannot be constituted

for certain reasons as laid down in the Bill.

Such a

committee or administrator shall not hold office for

more than one year.

The term of office of the Mandal Pahchayat is five years.
The term of office of thd Pradhana and U papr .’dhana will

be coterminus with their membership.

While the Prcdhana

. .3

-3will be paid a monthly salary of Rs. 300, the UpeprEdhana
will get Rs. 150.

Rs .

The members

.re paid :

sitting fee of

15 each.

ZILLA PARISHA'D
Every Zills Parishad shall consist of persons elected from
the taluks at the rate of one member for every 50,000
or part thereof of the population of the taluk and one

member from each of the Mandal Panchayats elected by

rotation for a term of one year from among its members.
The term of office
years.

of the elected members shall be five

There is a provision for res. rvation for women st

the rate of at least one from each taluk.

The Scheduled

Castes and Scheduled Tribes have also reserved quota as in

the case of Mandal Panchayats.
The Bill lays down qualifications for a candidate to be

elected to the Zilla Parishads.

He should be a citizen

of India and should have completed 25 years of age.
Disqualifications ar.

also mentioned in the Bill.

The

Adhyaksha is paid a monthly salary of the Minister of

State.

Each member gets the sitting fee of RsI 30 per

day.

The number of meetings, procedures, quorum, etc.,

are laid down in the Bill.

SIGNIFICANT FEATURE

The provision for a Nyaye Panchayat is the most signifi
cant feature of the Bill.

Each Mandal Panchayat shall

have a Nyaya Panchayat consisting of five elected members
of whom at le. st one should be c woman, one should be of

Scheduled

Class.

Castes of Scheduled Tribes and one of Backward

A person to be elected should have completed 30

years of age, be ordinarily resident of the Ham al
Panchayat area and be able to read end write.

. .4

the constitueny end every voter shell give all the votes
which he is entitled to giv.r" .

This mandate compelling a

voter to exercise all his votes does not seem to be legally

valid.

No voter can be compelled to vote a candidate whom

he does not want to.

Therefore, this nceis a change.*

In section 8, there is a reference to appointment of an
Administration Committee or an Administrator, if there is

failure to elect members of the Mandal Panchayats.

It is

better .to have Administrative Committee as laid down in

Section 8(1) instead of appointing on Administrator because
the former is representative in character.

In section 170 (’1),

(3) the e is a reference to Zille

Panchayat which should be Aills Perished (may be typo

graphical error).

In suction 173, thnie is a reference

to "an officer not bellow the rank of a Deputy Commissioner
of a district shall be the Chief Secretary of the Zille
Perished", This maybe corrected as "the Deputy Commissioner

of a district".

Nyaya Panchayat
The Bill stipulates th;;t the meipbers of the Nyaya Panchayat

will be elected by the people.

It is rather doubtful how

far the elected judge can deliver the goods objectively
since frictions and tensions would have been witnessed in
the process of election end'it is possible that either the

judge becomes prejudiced or the people have no Taith in
hisj udgment.

The Qualifications laid down do not seem to ensure the
quality of a Nyaya Panchayat member.

The minimum age limit

of 30 yeors is too low and the suggestion that if a
member is just able to rerd and write, he would be able

to undarstrnd and deliver judgment, does not gain force.
. .6

-6Whut is required is that a Nyaya Panchay.nt member should
be a fairly elderly person with a certain standard of educa
tion.

Further, such a member should be known for honest,

integrity end impartiality and generally acceptable to all.

The term of the members is too short.

It is laid down

that one-third of the members should retire at the end of
the second year.

The term of office needs to be enhanced

to a reasonable period.

The reference to creation of benches in Section 239(2)
that, " every bench shall, as f-r as practicable, include

a member from ths village in which the party to a procee
ding before the Nyaya Panchayat’ ordinarily’ resides"
seems to be a very doubtful proposition ^ince only five
members constitute a Nyaya Prnchayet and whether they

could represent all the villages.
It is also heartening to note th’t there is a provision

for amicable settlement of disputes before taking thorn to
the Nyaya Panche.yat,

is most welcome.

The exclusion of a legal practitioner

Similarly, the provision for periodical

inspection, guidance and training by judical officers is
a vary important contribution.

The chiefs of the Mondal Panchayats and Zilla Parishads
are paid monthly salary.

The Zilla Parishat President is

expected to play a vary effective role in rural development.

The fact that he has the status of Minister of State

lends valuable support to this expectation.
The implement-tion of the■provision of the depends

largely on the delivery system.

The most important factor

in failure of many of the; legislations and programmes
is the ineffective role of the bureaucracy.

to be taken care of.

This needs

The members of the Mandal Panchayat

need periodical training to encble them to know what

'

th : legislation stands for end how they can really help

the traditionnally deprived and exploited social groups.
There is need for setting up of a peace committees in c
every Mandal and to promote commun.-.l harmony among all

sections of the multi-structured rural society.

It is

also desirable to involve the villr.ge school teachers in

this process.

It is hoped that when the Bill undergoes modifications,
both minor and major relating to language and contents,

ommissions and^commissions, it would definitely be
a source of inspiration end < n instrument for radical

rural transformation.

Mr. Nazir Sab, Minister for Panchyat

Raj , deserves the gratitude of the people for bringing
forward this Bill in such a short time.

* ***

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(FEVORD-KARNATAKA) ^ae^ wsb^ 2541,

Os^doocs* l^^,t3cris>jstb-560 025

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by
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Book Post

P S. The above is the Synopsis of a talk delivered by M. UMAPATHY. Department of Political
Sciences Manasagangothri, Mysore on 20-11-1985 at an Education Programme on the Zilla
Parishad Act Organised at I-IUNSUR. by DEED [Developement through Education] a member
organization of FEVOBD-K ( Federation of voluntary Organizations for
Rural Developement-Karnataka)
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«

QUARTERLY NEWSLETTER OF THE FEDERATION OF
ORGANISATIONS FOR RURAL DEVELOPMENT IN

ISSUE No. 4

VOLUME 3

OCTOBER 1985

FEVORD-K WORKSHOP ON
PANCHAYAT RAJ
A
two - day
workshop
was
organised by FEVORD-K on 28th and
29th September 1985 at Arasinakunte

near Nelamangala, Bangalore DistThe programme was hosted by the
Institute for Youth and Development,
Bangalore- Over 40 development

rural people about the new set-up.
Dr- G. Pais, in the course of his
opening remarks, observed : " The
Panchayat Raj legislation is a lauda
ble step in the direction of empower

ing the people. There may obviously

workers gathered to discuss the
implications of the Karnataka Zilla

be a few lacunae in the Act,
which will have to be set right in the
future. We should strive to spread

Parishads,
Taluk
Panchayat
Samithis, Mandal Panchayats and
Nyaya Panchayats Act, 1983, which

awareness about the people's role in
the Panchayat system.

has now received Presidential assent
and has come into effect. The
deliberations were guided by Dr.
Mumtaz Ali Khan, distinguished
social scientist, and Dr. G. Pais,
President, FEVORD-K. The presence
Bnd participation of Sri Abdul Nazir
Sab, Honourable Minister for Rural
Development and Panchayat Raj,
Government of Karnataka, and many
senior

officers

connected

with

revenue administration resulted in a
very useful exchange of views.

First Day :
Session 1

Inaugural

The proceedings on 28th Septem
ber began with an assessment of the
extant of present awareness about
Panchayat Raj. Some participants
felt that the possibility of infusion of
politics into Mandal
Panchayats
could not be ruled out.
There was
lengthy discussion about whether
and if so what role voluntary agen
cies should play in educating the

"It must be said that at present,
knowledge about Panchayat Raj is
rather limited even among the lite
rate. It may
be
recalled that
FEVORD-K evinced
keen interest in Pan
chayat Raj even when
the legislation was
in the Bill stage (see
Swayam Gramabhyudaya, October
1983). We should
all now endeavour
to educate the
rural people about
the need to be ac
tively involved in
the Panchayat Raj
structure."

VOLUNTARY
KARNATAKA

FOR PRIVATE CIRCULATION
chayat Raj system in India. Thinking
about it had started in pre-indepen
dence days. While India inherited
the parliamentary form of government
from the British, Britain itself has
tended towards the Cabinet form.
Sri Nazir Sab continued : "in India
parliamentary democracy has been
replaced by electoral democracy.

This trend has

weakened the very

core
of
democracy- Mahatma
Gandhi, it seems to me, was the only
leader who had a thorough under
standing of the roots of true democ
racy.

That

explains his

repeated

Sn Abdul Nazir Sab, Honourable Minister
for Rural Development & Panchayat Raj,
Government of Karnataka, inaugurating the
Workshop on Panchayat Raj at Arasinakunte
on 28th September 1985. To his left is
Dr. G. Pais, FEVORD-K President.

Delivering
the
Inaugural Address,
Sri Abdul Nazir Sab
traced
the back
ground of the Pan
COMMUNITY HEALTH CELL
47/1, (First Floor)Sv. Marks Road

BANGALO32-5G0 001

emphasis on decentralization of both
power and property. Even major
Western democracies are floundering

because of their conventional frame
work. The only answer to the
myriad problems dogging the world
is to be found in the Gandhian

approach.

Panchayat Raj is directly

derived from Gandhian philosophy."

Rural masses have to be weaned
from their fatalistic disposition, and

made development - oriented. The
present Panchayat Raj legislation of

Karnataka is

intended to

set

this

process in motion. A major diffe
rence between the present Act and

the earlier Acts is that while the earlier
attempts concentrated on administra
tive mechanisms, the present Karna
taka Zilla Parishads Act has sound
philosophical
foundations. From

this viewpoint, this Act is even more
people - oriented than the Gujarat
and West Bengal Acts. The Zilla
Parishad is being invested with the
responsibility of drawing up plans,
implementing and supervision, while
in West Bengal these powers are
retained by the Cabinet. Also, in
Karnataka, the District Rural Deve
lopment Societies are being dissol
ved and merged with the Zilla
Parishad.

legislation is an honest and farreaching step towards empowering

the people- Parts of the Act may
need some time for implementation.
For instance, transferring the
horticultural activities will involve
20-30 amendments to existing lawsAll should co-operate in overcoming
such constraints.

How to disseminate information
about the Panchayat Raj institutions?

Gandhiji's precept of
openness
should guide usPeople should
have right to information, and also

right to organisation.
Only ■ then
can we have an open society. It is
voluntary organisations that should
play an important rolejn awareness
building.

crores are being allotted to the
Panchayat Raj institutions. At the
drafting stage, the designation of the
Zilla
Parishad
functionary
was
discussed at length and it was
decided that he should be called
Secretary, as is the case in govern
ment at the State level.

Thus, within the framework of the
Constitution, the Panchayat Raj

In the afternoon session Dr.
Mumtaz Ali Khan welcomed the
enactment of the Zilla Parishads

legislation as a positive and progres'
sive step towards empowerment of
the rural people. While appreciating
the main thrust of the Act, he felt,
if the benefits of the new system
should really reach the masses,
greater representation and weightage

should be given to the economically

and socially backward classes of
people. If Presidents of Mandal
Panchayats are drawn from the
dominant classes, the condition of
small farmers, Harijans, tribal people,
women and other oppressed sectioi^
is not likely to improve, said
Khan-

Dr-

In the evening session Sri Partha-

sarathy, a delegate from Andhra
Pradesh, explained the features of
There are naturally apprehensions
about party politics-

There cannot
be anything wrong in ideologically

Mandal Panchayats working in that
state and some of the problems
faced.

based party politics. Even Gandhiji
accepted this- The Panchayat Raj

Second Day :

legislation is chiefly aimed at develop

Session 4

ment, and provision has therefore
been made for constituting various
committees, to keep petty politics at
bay- Voluntary organisations, which
are non-political, should work to
make these committees proper
instruments of development-

On 29th September Sri S. R- Hire
math, Chairman of the FEVORD-K
Committee for Liaison with Govern.

Till the requisite infrastructure is

built at the Mandal level, the Zilla
Parishad will act as a friend and
guide. In the State budget, out of
Rs. 850 crores, about Rs. 250-400

Sessions 2 and 3

Sri P- R- Nayak, Development
Commissioner, and other officials of
the Revenue Department further
elaborated the important features of
the Panchayat Raj legislation, and
observed that the intended decentra

lization would
participation

result

of the

in greater
people and,

consequently, more efficient imple
mentation of developmental progra

mmes. Active Gramasabhas could
make the Mandal Panchayats
dynamic.
Voluntary organisations
have a crucial role in activating the
Gramasabhas.

ment, initiated the second day's
proceedings with a statement oL
people's
expectations
from th"
Panchayat Raj system, and the
problems likely to be encountered
in the implementation of the various

provisions.
He invited the parti
cipants to discuss the role of volun"
tary organisations in this contextDevolution of more powers to the
people, greater exercise of existing
rights, improvement of the economic

status of the people, greater self-de
pendence in health dairy and other

activities, harnessing people's latent
energies for constructive purposes
and allied matters were raised by
the delegatesThe participants were requested to
deliberate on (i) lacunae in the

present Zill Parishads Act;

role

of

before,

(ii) the

organisations

voluntary
during

and

after

the

Panchayat Raj elections; (iii) other
complementary efforts needed to
make the implementation of the Act
effective.
The participants divided themselves

into four subgroups for detailed
discussion focussing on the above
aspects. Some of the reactions and
suggestions that emerged were as
follows :

I.

For

Amendments Suggested

Exploration

0 1 • Representation of women to
be increased.
2.
Reservation to be extended to
the economically backward also3.
Adhyaksha and Upadhyaksha
of Zilla Parishad to be from among
the scheduled castes or tribes

11 • Drawing up of development
plans to be entrusted to Mandal

(b)

Panchayats.
12. Role of Mandal Panchayat
vis-a-vis Gramasabhas to be defined.
13. Independent mechanism for

of authority, etc.

selection and appointment of staff
for Mandal Panchayats and Zilla

3.
People to insist on elections
being held-

Parishads-

Provision

for

recalling

an

case

of

in

non-performance, corruption, etc-

5.

5.

Special CampsGroup discussions.

34.
5.
6.
7.

Cultural programmes.
Street plays.
Film showsGramasabha meetingsDistribution of specially

prepared literature8.
Forums like Mahila Mandals,
Youth organisations etc9.
Non-party attitude to be

fostered.
School and college staff to

Government to help voluntary
Formation of

watchdog

committees for facilitating

Compulsory closure of liquor

shops for a week preceding

smooth

elections-

13.

nurtured.
6.

Holding of elections

to

be

made mandatory.

14.

Shramadan

concept to

be

popularized.

7-

Role of Government officers

to be minimal; officers to be ordered
to carry out the mandates of
Panchayats and other elected bodies.
8.
Training and orientation
programmes
for
newly
elected
members.

9.

Role of Zilla Parishad in the

context of

policing,

educational,

health and other matters
specifically defined.

to

be

10- Mandal Panchayats to be
empowered to frame rules and to
appoint the Secretary-

15.
Village work to be entrusted
to local villagers instead of outside
contractors; villagers may be
encouraged to contribute one day's
labour in a week.

16.
Literature and other aids for
emphasizing human resources as
against material resources for
development.
17.
Sale of raw materials to places
outside the village to be discouraged;

6.
Activities to be minimized after
the proclamation of elections and till
the election days.
7.
Persuading all citizens to
exercise franchise without fail.

8- Government to bear the costs
of election candidates.

9.

Selection

of candidates

by

(c)

After Elections :

1 ■ Programmes to provide
training to the newly elected mem
bers to be organisedContinuous supervision

over

the performance of elected represen
tatives-

3.
Education of the public about
their rights and responsibilities.
4.
Spread of awareness about
the obligations of elected represen
tatives.
5.
Continuous dialogue with the
Mandal Panchayat about develop
mental activities in the region.

6- Campaign for recall of nonresponsive or corrupt members-

7.
Elected representatives to work
for the entire society irrespective of
of individual background-

be

8- Decisions at meetings to be by
consensus.

People to be strengthened to

9. Encouraging defeated candi
dates also to participate in develop
mental activities.

sale of finished
encouraged.

18.

Local voluntary organisations

to be requested to collaborate with
the regional watchdog committee proposed.

2.

Love of the land and positive

attitude to development to be

elections.

at

consensus to be encouraged.

efforts for awareness-building.

12.

Meetings of Gramasabha

in advance and demanded.

1.
2.

11.
4.

elected representative

4.

stipulated intervals to be announced

II- Role of Volags
(a)
Before Elections :

10.

Prevention of bribery, misuse

2.
Non-party citizens' commit
tees to be formed in each area.

spread information.

wherever these are in a majority.

During Elections :

1.

products

to

oppose political or party interference.

10.
Voluntary organisations to
strengthen the Gramasabha and to

5.
Voluntary organisations like
FEVORD-K to be requested to help

1)
Proportion of representation
to women and weaker sections-

persuade the public to

in providing training and orientation

2)
Details of appointment of
staff to Panchayat Raj institutions-

participate

to newly elected representatives-

in its deliberations.

11.

Monthly

meetings

wherein

the elected representative should
convey Mandal Panchayat decisions

to Gramasabha and

participate

At least one watchdog commit

6.
tee

to oversee the functioning of

Propriety of including Mandal
members in Nyaya

Panchayats to be examined-

Zilla Parishad.

•

•

in

3)

Panchayat

4)
Limits to Zilla
Parishad's
control over Mandal Panchayat-

•

discussion thereon.

Session 5

12.
State Government to plead
with the Central Government to vest
in the Mandal Panchayat the autho
rity to make all decisions about
developmental programmes pertain
ing to the region.

After the subgroup meetings, the
four subgroups presented
their

its own rules of procedure.

reports to the full house. At this
concluding
session, Sri P. GPuranik, Secretary to the Govern

Panchayat-

13- Voluntary organisations to be
invited to help in studying and
analysing the performance of Mandal

Panchayats as well as Gramasabhas.

III.

Complementary efforts
needed

1 • Watchdog committees to be
formed consisting, inter alia, of
agricultural labourers, landlo<ds, the
landless etc.; members to be noncontroversial and possess clean
record-

2.
Women also to be included
in watchdog committee.

3,
Special mechanisms
for
preventing
corruption,
especially
during elections4.

FEVORD-K and similar institu

tions to be used to bring

to the

notice of government the

needed

changes from time to time-

5)
6)

7)

Mandal Panchayat to

frame

Area to be covered by Nyaya
Propriety of making the local

ment of Karnataka, Rural Develop
ment and Co-operation, and heads
of revenue administration in the
district were present- Sri S- R-

member of Legislative Assembly the

Hiremath summarized the earlier
day's proceedings- Dr- Mumtaz Ali
Khan, social scientist, Dr- G- Pais,
President, FEVORD-K, Sri S- RRamaswamy of A r o g y a Vikasa
Prakalpa, Dr- S- Kusuma of Sneha-

sioner presiding over first meeting
of Zilla Parishad to be examined-

kunja,

Sri

H-

S-

Doreswamy

President of the elected Panchay^
Raj body to be examinedW

8)

9)

Propriety of District Commis

Role of existing governmental

machinery vis-a-vis Panchayat
institutions to be clarified-

Raj

of

Karnataka Sarvodaya Mandal and
other participants expressed their
views about the different aspects of
the enactment- It was decided to

Conclusion
Sri P- G. Puranik explained the
rationale
behind some of the

provisions in the Act-

He expressed

form a FEVORD-K committee with
Dr. Mumtaz Ali Khan as Chairman

appreciation of the initiative taken
by FEVORD-K and its member

to prepare a memorandum of
suggestions for amendment of the
Act to the government-

organisations in arranging the
Panchayat Raj workshopHe
assured government's support to at^

The committee could, among other
things, discuss the following
aspects :

training camps and other activities
contemplated by voluntary organi
sations.
-S. R. R.

BOOK POST

Published by Federation of Voluntary Organisations for Rural Development in Karnataka (FEVORD-Karnataka), India
Editor : G. PAIS, H. D. Kote Road, Hunsur-571 105.

Printed at:

ARKAY Enterprises, Bangalore-560 010.

^OAyAM ^CAMAt’HyiLOAYA
cgpooo
QUARTERLY NEWSLETTER OF THE FEDERATION OFVOLUNTARY
ORGANISATIONS FOR RURAL DEVELOPMENT IN KARNATAKA

VOLUME 4

ISSUE NO. 3

JULY 1986

FOR

PRIVATE CIRCULATION

Panchayat Raj Act: Some Reflections
By Dr. MUMTAZ ALI KHAN »
The Karnataka Zilla Parishads,
JTaluk Panchayat Samitis, Mandal
R’anchayats and Nyaya Panchayats

Act 1985 is a radical piece of
social
legislation
aiming • at
democratic de-centralization and
social justice. It is considered to
be a powerful instrument
for
social transformation which can be

sustained and achieved when this
Act (popularly called Panchayat
Raj Law) is effectively implemen
ted. This depends
to a large
extent on the quality of people's
participation. However,
a
law
which is to articulate the feelings
and needs of the people in a
changing
society has to have
sharp teeth and meaningful provi
sions. The rural power - structure
has to be
equitably distributed
among the different sections of
the rural population. But when
attempts are made in this direction,
the vested interests are bound to
create problems.
To meet this challenge, we
should closely examine the provi
sions of the law and see whether
there is meaningful distributive
justice while transferring power
* Dr. Mumtaz Ali Khan is a well-known
social scientist and sccial worker, associa
ted with Centre for Development Education,
Bangalore, Centre for Research & Develop
ment of Dalits, and other service groups.
He is presently also a Vice - President of
Karnataka unit of Citizens for Democracy.

to the people. The second aspect
of public scrutiny relates to the
organic linkages among the diffe
rent tiers of the system. The
third aspect refers to the role
of voluntary
organisations
in
preparing
people
for effective
participation in and contribution
to
rural
development.
These

the higher strata will capture all the
seats.
Women of lower strata,
particularly those who depend upon

issues are briefly examined

seats. But unless these weaker
sections have access to power at
the highest level of decision
making, mere membership will not
serve the purpose. Representation

with

reference to the adequacy of the
law.

Distributive Justice

Some of the provisions of law,.
though they apparently seem to
provide fair representation to the
weaker
sections, are explicitly
ineffective. It is no doubt grati
fying to note that twenty-five
per cent of the seats are reserved
for the SC and ST, and also another
twenty-five per cent for women.

But there is
ample
reason to
apprehend that in effect, there
would be unrealistic social situa
tions which would perpetuate the
traditional monopolist tendencies.
The reservation for SC/ST poses
a major problem where both SC and
ST are available. It is better to

specify the
separately.

seats for SC and ST

The reservation for

women

should be further examined to
provide adequate representation to
women of different social strata.
Otherwise, women belonging to

the higher castes and classes for
their very existence,
remain
virtually subordinated.

Reservation for SC/ST women
is made only in respect of the

to backward classes is virtually
denied. Instead of negligible one-

seat reservation, there should have
been more substantial representa
tion.

The Nyaya Panchayat structure
is not adequate and
effective.
it is laid down that Nyaya Pancha
yat members are elected by the
Mandal Panchayat. But what is not
clear is from among whom these
members are to be elected. The
Nyaya
each

Panchayat should be for
Grama-sabha. Further, if

illiterate members are elected, how
can they record their decisions ?
There seems to be some contradic
tion here.
Role of Grama-sabha
The Grama-sabha is no doubt
accorded a legal recognition. But,
will the social situation permit all

sections of the village to effectively
FALTH CELL
■ t. Marks Road
-360 001

participate in the deliberations ?
Will the scheduled castes be
permitted to have their freedom of
expression and movement when
they are in the upper-caste area to
attend the meetings of Gramasabha ? It is the Chairman of the
Mandal Panchayat who has to
preside over the Grama-sabha
meeting. Would it not be desirable
to allow the Grama Nivasis to have
their own presiding officer ? There

is no mention of the secretarial
assistance for conducting and
recording the deliberations of the
Grama-sabha. The budgetary
requirement of the Grama-sabha is
also not mentioned.
The'Act lays down that
the Chairman of Taluk Panchayat
Samiti shall be the M.L.A. of the
taluk. This is a patent infringement
upon the rights of the members of
the sarriitis.
The spirit of
democracy expects that some one
among' the members themselves
should be the Chairman.

i

It is often being said that the

Mandal Panchayat is a very power
ful body and totally independent.
But an objective examination of
the provisions indicates that the
Zilla Parishad is likely to exercise
tremendous
pressure
on
the
Mandal Panchayats. The secretary
of the Mandal Panchayat, accord
ing to the Act, has to be an
employee of the Zilla Parishad.
Why should it be’ so ? It is better

that Mandal'Panchayat has its own
staff in adequate number. Further
the law says that the Mandal
Panchayat
should
obtain
the
previous sanction of the Zilla
Parishad to frame its own bye
laws. This
is an
uncalled-for
intervention of. the Zilla. Parishad.

The

Annual

General

Body

1986. The meeting was hosted by
SHUBADHA, Suralpady, Mangalore.
47 persons representing 21 mem
ber-organisations were
present..
G. Pais, President, was in the chair.

Potential Conflict
These are a few important
provisions which need to be
corrected either by amending the
Act or while framing the Rules
depending upon the legal require

ments.

Bureaucratic Interference

The first meeting of the Zilla
Parishad has to be presided over by

the Divisional Commissioner. This
legal provision kills the very spirit
of democracy. Why should a top
bureaucrat preside over the destiny
of the very first meeting of the
Zilla Parishad ? Why cannot some
one from among the members
themselves preside over the first
meeting, as is done in the case of

However, unless these

corrections are incorporated, there
is
bound to be
a
conf.ict
between the Zilla Parishad and the
Mandal Panchayat, between t h e

State Government and the Zilla
Parishad, between the executive

and the Nyaya Panchayat, and
between the traditional p o w e r|
structure and

the emerging new

force.

the first meeting of the Legislative
Assembly ?

The people for whose benefit
the law has been framed and for
whose development the Govern

The Act provides for superlative
powers to the Zilla Parishad over
the Mandal Panchayat.
The Zilla
Parishad may, by an order published

ment has been trying should be
educated about the need for
compulsory election and the role
of the people in a participatory
democracy.
People's behaviour
before the elections, during the
elections and after the elections
would decide the' fate of the new
law. The voluntary organisations
have to be recognised by t h e
Government- to play their role in(

in the Official Gazette, dissolve a
Mandal Panchayat if it fails to carry
out any of the directions of the'
Zilla -Parishad or for some other
reason specified in the Act.

It is strange that the Act itself
stipulates that the meeting of the
Mandal Panchayat shall not be held
before 8 a.m. or after 7 p.m. This
is something that calls for an
explanation from the Government,

FEVORD-K

Meeting of the Federation of
Voluntary Organisations for Rural
Development
in
Karnataka
(FEVORD-K) was held on 4th April

as this could have been done
through an administrative order.

ANNUAL

GENERAL

promoting and safeguarding t h e
much
publicised
democratic

decentralization for a value-based,
need-based, time-bound rural
transformation.

MEETING

Minutes of the previous Annual
General Body Meeting held at
Sagar on 9th March 1985 and of

the Special General Body Meeting
held at Bangalore on 3rd May 1985
were approved.

1985 were presented and passed
unanimously. The plan of activities
for the current
year
was
formulated.

ELECTION :

Based on

the

f o r

suggestions of the nominations
committee, the following office
bearers
and
members
were

1985 and the statement,of accounts
for the year ending 31 s,t December

unanimously elected to the Board
of Management :

The report of activities

5.

G. Pais, DEED

of our existence and activities, and
that any effort to modify it has to
be viewed with concern. It there
fore considers the new proposals
for a- Draft Bill circulated by PADI
for National and State Councils for
Rural Voluntary Agencies as
unnecessary and
not desirable
because they strike at the very root
of voluntariness."

6.

S. R. Ramaswamy,

RESOLUTION 2

1. Celine Aranha, Shubadha
President
2. Shyamala Hiremath, IDS

3.

Vice-President
Mandakini Bhadri, Shubadha

4.

Secretary
S. Kusuma, Snehakunja

Treasurer
MEMBERS :

Arogya Vikasa
7.
G. N. Narayana Prasad, INGRID

8.
T. Pandiarajan, IYD
9.
H. N. Somasundararn, VGKK
10.
S. R. Hiremath, TNC
J1. Mahesh H. Lobo, ICRA
R2. Ranjan Rao Yerdoor,

of

the

Ku d a I

"We the representatives of
voluntary organisations assembled

on the occasion of Annual General
Body Meeting of the Federation of

Nagarika Seva Samiti
Raj Iyer, Gram Vikas

Voluntary Organisations for Rural
Development
in
Karnataka

14.

Naren Udayagiri
a

(FEVORD-K) have felt a serious
concern about the activities of the
Kudal Commission. The way in

committee should be appointed to

which this commission has gone

study and make recommendations
in regard to some needed amend

.about 'investigating' the activities
of the Gandhian voluntary organisa
tions, without any specific charges
to probe into and a definite frame
of reference, has led to harassment
of a large number of voluntary
organisations and has appropriately
earned the commission the stigma
of a witch-hunt.
We, therefore,

It

Jyoti Raj, RED
was suggested

ments to rules.
J. N. Sridharan

that

was appointed

auditor for 1986.
After detailed discussion, the

following resolutions were passed
unanimously :
RESOLUTION 1
Re : Proposed National Council,
^Bfetate Councils and 'Code of

Re : Rural Employment Guarantee
Scheme

"We, from the voluntary orga
nisations working with the rural
poor from the various parts in
Karnataka, are happy about the
announcement of the Rural Employ
ment Guarantee Scheme (REGS) by
the Government of Karnataka in
1983.

Re : Activities
Commission

13.

15.

RESOLUTION 3

resolve unanimously to call upon
the Government to wind up this
commission immediately in order

Conduct'
"This meeting of the voluntary
organisations as the General Body

voluntary organisations to help the

of FEVORD-K strongly reiterates
that voluntariness is the very basis

poor help themselves
curbed."

initiatives and efforts of

that the

may not be

However, we are

very

concerned about the lack of any
significant progress to implement
the scheme.
"After a careful study of the
Employment
Guarantee
Scheme
(EGS) of Maharashtra and the

beneficial impact it has had on the
rural poor, we urge the Govern
ment of Karnataka to enact a
legislation
along
the
lines

of the Employment Guarantee Act
(Maharashtra). This, inour opinion,
will be a significant step in the
direction of recognizing the 'Right
to Work'.
"We, from the voluntary sector,
pledge our full co-operation and
support to the Karnataka Govern
ment in
the
formulation
and
implementation of this important

measure to
poor".

empower

the

rural

The next Annual General Body
Meeting
would
be held
at
Snehakunja, Kasarakod, Honavar
Taluk,Uttara Kannada District, in
March 1987.

FEVORD-K
Receiptsand Payments Account for the Year Ending

31-12-1985

(Local Contribution)

Rs.

To Opening Balance :
Cash on Hand
Cash at Bank
" Donations received
" Bank Interest received

"

Subscription from

Members

Rs.

f>„

56.69
10,891-30

6,000.00
536.50
1,186.00
18,670.49

By Bank Charges
Transferred to foreign contribution

Bank A/c.
" Closing Balance :
Cash on hand
Cash at Bank

P.
20.50

4,200.00

81.69
14,368.30
18,670.40

FEVORD-K : Receipts & Expenditure Payments Account for the Year Ending 31-12-1985
(Foreign Contribution)

Rs.

P.

Rs.

To Opening Balance :
By Salary

"

—

Cash on hand
Cash at Bank

33,889.98

Donations Received

48,000.00

Bank Interest Received

2,356.00

Transferred from local contribution

Bank Account

4,200.00

P.

11,060.00
113.72

"

Bank Charges

"

Travelling & Conveyance

4,427.24

"

Postage, Telegrams & Telephones

1,860.25

"

Sundry Expenses

1,335.00

"

Printing & Stationery

2,661.75

"

Printing Bulletins & Case Studies

9,320.45

"

Payments towards books under print

5,125.00

"

Camp expenses

2,961.00

"

Programme expenses

8,643.7^

"

Service Charges

3,150.00

"

Contingency

"

Closing Balance :

640.10

Cash on Hand

3,457.46

Cash at Bank

33,780.26

88,445.98

88,445.98

As per Books Produced and Information Furnished
Sd/J. N. SRIDHARAN
Chartered Accountant

BOOK POST

Published by Federation of Voluntary Organisations for Rural Development in Karnataka (FEVORD-Karnataka), Bangalore, Indi
Editor: G. PAPS, H. D. Kote Road, Hunsur-571 105. Printed at: ARKAY Enterprises, Bangalore-560 010

ur.w^u^ii

[1994

'. acts and ordinances

X2) It shall come into force on the date of PubJicati;
/ 2?\pefiiiitions.—In this Ordinance unless
juires—

(Sffi^he Gazette.

con

(a) “apj^ointct day" means the date aP^commeticcment of (ITi§OidinanceSmder sub-section (4) of Station 1 ;
X.
(b) “Ayog”rm an- the L'chcha SMksha Anudan Ayog estabEshcd under
section 3 cfXhe Madhya JXadesh Uchcha Shiksha Anudan Ayogs
Adhin.yar, 1V13 (NOj^rof 197>).
/
Pineal ; id sav r
On the appointed day the Madhya Pradesh
Uchcha Shiksha Auudarv^fyoK Adhiniyam, 19 3 (No 2! of 1973; • l aXstand
repealed and the Ayos^nall stand^dissolved.
/

(21 All nsset^and liabilities ot\he Ayog on the appointed chty :Ja’l stand
vested in the State Government antQhe State Govcrrment/ffiall havi all
powers necgXay to take possession, recover and det.l wiJrsuch assets and
discharge,^ 1 liabilities.
x.

Any Proceedings pending immediately befkj^t the appointed day to
the Ayog was a petty shall be continuedNa^tT the State Government
rtv thereof in lien ,,f the Avne
———°

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM,

_TTMWWWBWT~m—JWMi ■ in i ii 11 rriiii i .— itii
No. 1 of 1994"

TABLE

ii

—z—~^irn—7n~m—~~

OF CONTENTS

Sections :

Sections :
14. Qualification to vote . ■rd to be
Prelim nary
Candida's:.
Short title, extent and com- 15. Prohibit on
of sitnu'tancous
mencement.
membership.
Definitions.
16. Meeting for cooption.
CHAPTER II
17. Election of Sarpanch and UpGram Sabha
sarpanch.
Notification or village.
18. Handling over charjte by out
List of voters of village.
going Sarpanch.
Registration of voters of a 19. Notification of electioni, coontion
village.
etc.
Meeting of Gram Sabha.
20. First meeting and terms of
Gram Pan :bn /at t > place before
office.
Grau, Sab.u Statement ac<zo'i nts, 21. No confidence t ic; on against
Sarpanch ind Up-Sa •pa.’ich.
of
] anapada
22. Composition
CHAPTER HI
Pancha, at.
Establishment of "ancliayats
23. Division of Block ir.to consti
Constitution of Panchayats.
tuencies.
Durat'nn of Panchayat.
Establi. iment of Gram Paoch- 24. Meeting ..f cooption
ayat, Janapada Panchayat and 25. Election if President and VicePresident of Janpad Pmchayat.
Zila Pt.nchavat.
26. Publipa Jen of names cf mem
Incorporation of Panchayats.
bers, President and Vice-Presi
Division of Gie.ti Panchayat
dent.
First me. t.ng and ter n of office.
Constitution <:f G 'm Panchyat.

CHAPTER 1

I.
2.
3.
4.
5.

6.
7.

♦Received the i sent <>f the Governor on 24th January 1394 ind the Act Published ia
M. P. Rajpatia (Asadhata?) dated 25-1-94 Pages 54(51-97).

PART IV]

I’HE MADHYA i’IADESH PANCHAYAT RAJ ADHINIYaM, 1993

5

Sections :
Sections :
Powers of State Government
28. No confidence against President 53.
in relation to
functions of
or Vice-President.
Panchayats.
29 Constitution of Ztla Panchayat
54.
Powers of Gram Panchayat as
30. Division of district into cjn.ito public health facifties and
tuencics
safety.
31. Meeting for cooption.
Control of erection of ouilding.
32. Election of President and Vice- 55.
56.
Hindrances, obstructions and
President of Zila Pancha\at
encroachments
upon
public
33. Publication of names of mem
streets and open sites.
bers.
President
and
Vice57.
Powers to name
streets and
President of Zila Panchayat.
number
of
building.
34. First meeting and term of office
Regulation of markets or inelas.
35. No-confidence motion against 58.
Powers ofJanapadn Panchayat to
President and Vice-President of 59.
turn, divert discontinue or close
Zila Panchayat.
roads.
36. Disqualification for being office
60.
Encroachments upon road and
bearer of Panchayat.
land vested in Janapad Panchayat.
37. Resignation of office-bearer of
61.
Power to compromise.
Panchayat.
CHAPTER VII
38. Filling up of vacancies.
Fund and Property of Panchayat
39. Suspension of office bearer of
62.. State Government may vest
Panchayat.
certain property in Panchayat.
40. Removal of
office bearer of
63.
Assignment of funds to the
Panchayat.
Panchayat.
41. Bar to hold more than one
64.
Grant-in-aid to Panchayat.
office.
CHAPTER IV
Conduct cf Election
Conduct of Election.
Power to make rules.
CHAPTER V
Conduct of Business and the Procedure
at the Meeting of the Parchayat

65.
66.
67.
68.

Procedure of meeting.
Reconside anon
of suojects
finally disposed of be Panchayats.
46. Standing Committees of Gram
Panchayat
47. Standing Committees of Janpad
Panchayat an 1 Zila Panchayat.
48. Powers and duties of Sarp.tnch,
Up-Sirpanch,
President
and
Vice-President.
CHAPTER VI
Functions of Panchayats
49. Functions o ' Gram Panchayat.
50. Functions vf Janpad Panchayat.
5!. Entrustment of Certain functions
by State Government to Janapuda Panchayat.
52. Functions of Zila Panchayat.

69.

42.
43.

44.
45.

Transfer of immovable property.
Panchayat Fund.
Mode of executing contract.
Powers to make grant-in-aid.
CHAPTER VIII
Establishment Budget aud Accounts
of Panchayat

70

71.

73.

Appointment of Secretary and
Chief Executive Officer.
Other officers and servants of
Panchayat.
Deputation
of
Government
Servant.

Functions of Chef Executive
Officer and Secretary.
Budget and annual Accounts.
CHAPTER IX
Taxation and Recovery of Claims
74. Levy of cess on 1 ind.
7y. Duty on transfer of property
within block
76.
Disbursement ot cess and i.antp
duty among Janapada Panchayats
and Gram Panchayats.
77.
Other taxes.

73.

6

M. P. ACTS AND ORDINANCES

11994

Sections :
Sections :
78.
Power of State Government to 102. Prohibition against obstruction
of member etc of Panchayats.
regulate taxes.
103
Prohibition against removal or
79.
Appeal agai ist taxation.
obliteration notice.
80.
Lease of market fee etc.
104. Penalty for not giving infor
81.
Recovers' of arrears.
mation or giving false infor
82.
Penalty for evasion.
mation.
83.
Power of State Government in
105. Prohibition of bidding.
regard to relief in taxes
106. Procedure to make good the
CHAPTER X
demage to any Panchayat
Control
CHAPTER XIII
84.
Inspection of work of RanchMiscellaneous
ayats.
Ideminity for acts done in
85 Power to suspend execution of 107
good faith.
orders etc.
in absence of
86.
Power of State Government to 108. Bar of suit
notice.
issue orders directing Panchayat
109. Certain suits against members,
for execution of works in certain
officers,
etc.
to
be
defended at
cases.
cost of Panchayat.
87.
Power of State Government to
dissolve Pancbayat for default, I iO. Bar of other proceeding in
respect of tax etc.
absence of powers, etc
and
servants of
88.
Inquiry into affairs of Panch- III. Members
Panchayat o be public servant.
ayat.
89.
Liability of Ranch etc., for loss. 112. Vacancy or defect in consti
tution or procedure, el: not to
missanp'.i -ation
invalidate act of Panchaya’.
90.
Disputes
between Panchayats
113. Acquisition of land
and other local authorities.
114. Central Government or State
91.
Appeal and revision.
Government
not to obtain
92.
Power to
recovery
records,
licence of permission.
articles and money.

33.
94.

95.
96.
97.

98.

99.
100.

101.

115. Power of Panchayat to borrow
Delegation of powers
money.
General Power of Control.
116. Writing off of irrecoverable
CHAPTER XI
sums and unuseful material.
Rules and Byelaws
117. Prohibition of remuneration to
Power to make rules.
members, etc.
Byelaws.
118. Records of Panchayat etc. open
Model Byelaws.
to inspection.
CHAPTER .XII
119. Method of serving documents,
Penalty
etc.
Penalty for acting as Ranch,
Member,
Sai pan, li, Up-sar- 120. Entry for purposes if Act, etc.
panch. President. Vice-president 121. Bar to inter Terence by courts in
electoral matters.
Zila Pradhan, Zila Up-pradhan
122. Election petition.
when disqualified.

Penalties for interested members 12.3. Power to expel persons who
refuse to pay fee.
voting.
Penal t; for acquisition by a 124. Panchayat in default of owner
or occupier may execute works
member, office bearer or ser
and recover expenses.
vant of interest in contract.
headquarters of
Wrongful restraint of officers, 125. Change if
Gram
Panchayat, division,
etc.

PART IV]

THB MADHYA PRADESH I’ANCHAYAT RAJ ADHINIYAM, 1993

Sections :
Sections :
I
amalgation and alteration of
CHAPTER XV
I
Panchayat area.
Repeal
130. Repeal and saving.
126. Disestablishment of village.
|27. Alteration in limits of block 131. Savings as to existing perma
nent employees.
I
and Zila Panchayat.
|28. Management of Government 132. Power to remove difficulties.
SCHEDULE-I
I
lands.
SCHEDULE-TI
CHAPTER XIV
SCHEDULE-III
Audit
SCHEDULE-1V
|29. Audit of Panchayats.
I
[Received the assent of the Governor on the 24th January, 1994, assent
first published in the “Madhya Pradesh Gazette (Extraordinary)” dated the
S5th January, 1994.]
’
An Act to consolidate and amend the law relating to establishment of
panchayats with a view to ensure elective involvement of the Pauchayat Raj
Institutions in the local administration and development activities.
Be it enacted by the Madhya Pradesh Legislature in the Fcrty-fourth
[ear of the Republic of India as follows
CHAPTER I
Preliminary
|
1. Short title, extent and commencement —(1) This Act may be called
lie Madhya Pradesh Panchayat Raj Adhiniyam, 1993.
(2)
It extends to the whole of Madhya Pradesh.
(3)
It shall come into force at once.

I
’
j
’

,
;
!
I

|
|
.'

2.
Definitions —In this Act, unless the context otherwise requires,—
(i)
“block” means such area in a district as the Governor may specify
to be a block under sub-section 2 of Section 10 ;
(ii) “Cooperative Society” shall have the same meaning as assigned to it
in the Madhya Pradesh Cooperative Societies Act, I960 (Mo 17
of 1961);
(iii) “District” means a Revenue district for revenue administration
under the Collector :

(iv) “Election" means election of office-bearers of panchayat and
includes coop.it n of office-bearers ;
(v) “Election Proceedings” means the proceedings commencing from
the nomination of candidate for election or cooption and ending
with the declaration of result of such election or cooption, as the
case may be :

(vi) “Factory” shall have the same meaning as assigned to it in the
Factories Act, 1948 (LXHI of 1948) ;
(vii) “Gram Panchayat” means a gram panchayat established under
sub section (1) of Section 10 :
(viii) “Gram Sabha” means a body consisting of persons registered in
the electoral rolls relating to a village comprised within the area of
panchayat at the village level ; *
(ix) “Janapad Panchayat” means a janapad panchayat established under
sub-section (2) of Section 10 ;

8

M. 1>. ACIS AND ORDINANCES

[1994

“Local Authority” shall have the same meaning as assigned to it
in the Madhya Pradesh General Clauses Act, 1957 (No. 3 of 1958) ;
(xi)
“Member” means a panch of a gram panchayat, a member of
a j.'.napad panchayat or a member of a zila panchayat, as the case
may be ;
(xii)
“offensive matters” include animal caracasses, dung, dirt, sewage
or putrid substances or filth of any kind ;

(x)

(xiiij "Office bearer” means a punch, sarpanch or upsarpanch of a gram
panchayat, a member, president or vice-president ofajanapad
panchayat or a member, or president or vice-president of Zila
Panchayat, as the case may be ;
(xiv)
“Other Backward Classes” mean category of persons belonging
to backward classes as notified by the State Government ;
(xv)
“Owner" when used with refetence to any land or building includes
the person receiving the rent of the land or building or of any
pat t of the land or building, whether on his own account or as
agent or trustee for any person or society or as a receiver ;
(xvi)
“Panch” means a panch of a gram panchayat ;

(xvii)
“Panchayat” means a gram panchayat, a janapad panchayat or a
zila panchayat, as the case may be ;
(xviii) “Panchayat Area” means the territorial area of a panchayat
establishment under this Act ;
(xix) “Popuiation" means the population as ascertained at the last
preceding census of which the relevant figures have been
published ;
(xx) “President” and “Vice-Pres.dent” means the President and VicePresident respectively of a Janapad Panchayat or Zila Panchayat as
the case may be ;
(xxi; -Prescrib d Authority” in any provision of this Act means such
officer or authority, as the State Government may, by notification,
direct to discharge the functions of a prescribed authority under
that provision :
(xxii) ‘Public Market” or "Public Mela” means a marker or rnela, as
the case may be, notified under the proviso to Section 58 ;
(xxiii) "Public Piace” means any place, building or structure not being
private property, which is open-to use of the public, whether such
place, buildiug or structure is vested in a panchayat or not ;
(x'xiv) "Public Street" means any street,footway, road, square, alley or
passage, used by the public whether permanently or temporarily ;
(xxv) "Sarpanch" and "Up satpanch” means the sarpanch and up
sarpanch respectively of a Gram Panchayat, as the case may
be ;
(xxvi) “Standing Committee” means a Standing Cdmmittee of a gram
panchayat, a janapada panchayat or a Zila Panchayat, constituted
under the provisions of this Act, as the case may be ;
(xxvii) “State Election Commission” means State Election Commission
constituted by the Governor under Article 243 k (J) of the
Constitution ;

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

(xxviii) “Tax”
Act ;

9

includes a tax, cess, the rate of fee leviable under this

(xxix) “Village” means a village specified by the Governor by public
notification to be a village for the purposes of this Act and includes
a group of villages s ; >r .ci.ied ;
Explanation.—Term village
includes revenue village
and forest
village.
(xxx) “Zila Panchayat” means a Zila Panchayat established under sub
section (3) of Section 10.
CHAPTER If

Gram Sabha
3.
Notification of village.—The Governor shall by public notification
■specify a village or group of villages to be a village for the purposes of this
Act.
4.
List of voters of a village.—For every village specified under Section
3 there shall be a list of voters which .hall be prepared in accordance with the
provisions of this Ac:, and rules m.tje thereunder.
5.
Registration of voters of a village.---Every person who is qualified to
be registered in the Assembly roll reiatablc to a village or ■ ho;: name is
entered therein and is ordinarily resident witirin the village shall be entitled to
be registered in the list of voters of that village :
Provided that—
(a)
no person -I all be entitled to be registered in the list of voters for
more than one village,
(b)
no person shall be entitled to be registered in the list of voters
if he is registered in the electoral roll relating to any other local
authority.
Explanation.—( ) The expression “ordinarily resident” shall have the
meaning assigned to it in Section 20 of the Representation of the
People Act, 1951 (No 43 of 1950} subject to the modification that
reference to “Constituv.icy'’ therein will be construed as a refe
rence to “village”.
(2)
A person shall be disqualified for registration in the list of voters
of a village if he is disqualified for registration in the Assembly roll.
6.
Meeting of Gram Sabha.—(!) There shall be held atleast one meeting
|
of a Gram Sabha every year :
Provided that upon a requisition in writing by more than one third of
j
the total number of members of Gram Sabha or if required by Janapada
i
Panchayat, Zila Parishad or the Collector a meeting of Gram Sabha shall
I
be held within 30 days of the requisition or such requirement.
;
(2) For any meeting of the Gram Sabha, one tenth of the total number
| of members of the Gram Sabha shall form the quorum :
Provided that no quorum .hall be necessary for meeting adjourned for
I want of quorum.
(<) The meeting of the Gram Sabha shall be convened by the Secretary
of the Gram Panchayat constituted for the Gram Sabha area in the prescribed
manner.
(1)
The meeting of the Gram Sabha shall be presided over by Sarpanch
; or in absence of Sa"panch by (Jp-Sarpanch. In the event of both Sarpanch

M. P. ACTS AND ORDINANCES

jo

[1994

and Up-Sarpanch being absent, the meeting of Gram Sabha shall be presided
over by a memu ■ of the Gram Sabha to be elected to ■ the purpose by the
majority of members present in the meeting.
(5) If anv dispute arises as to whether a pers. n is entitled to attend a

I
at
Pt

mectinn of th.’Gram Sahh :, the same shall be decided by the person presiding
regard being had to the entry in the li.>t of voters o. the Gram Sabha area
and decision shall be final7 Cram Panchavnt to place before Gram Sabha Statement of accounts.
ctc _f j) The meeting of the Gram Sabha in every year shall be held not less
than three months prior to t.ie commencement of l! i next financial year, and
the Gram Panchayat shall place before such meeting : —

at
er
fa
th

the annual statement of accounts ;
the report of the administration of the preceding financial
year ;
(c)
the development and other programme of work proposed for the
i
next financial year ;
.
(d)
the last audit note and replies, if any, made thereto ;
(e)
ray ether matter which the Janpada Panchayat, the Zila Parishad,
■ ue Collector or any ■dliccr authorised in this behalf may require to
be placed before such meeting.
(2)
It shall he open to the Gram Sabha to discuss any or all of the
matters placed before it under sub-scction (t) a-d the Gram Panchayat shall
consider the suggestions, if any, made by the Gram Sabha.
CHAPTER III
Establishment of i'anchuyai.'.
8.
Constitution of Panchayat.—There shall be constituted for the i
purpose of this .Act.-I
(a) a Gram Panch '.vat for a village ;
I

(a)

(b)

a Janapad Panchayat for a block ; and

(c)

a Zila Par.chayat for a District.

9.
Duration of Panchayat.—(1) Every Panchayat shall continue for five
years from the date appointed for its first meeting and no longer unless sooner
dissolved under this Act.
(2)
An election to constitute a Panchayat shall be completed—
(a) before the expiry of its duration specified in sub-section (!) ;
(b) before the expiration of a period of six months from .he date of its
dissolution :
Provided that where the remainder of the period for which the dissolved
panchayat world have continued is less than six months it shall not
be necessary to hold any election under this clause for constituting
the Panchayat for such period.
(3)
A Panchayat constituted upon the dissolution of a Panchayat before
the expi ■ itiou of its duration shall continue only for the remainder of the
period ,\>r which the disssolved panchayats, who have continued under clause
(1)
had it not been so dissolved.
10.
Establishment of Gram Panchayat, Jauapada Panebyat and Zila
Panchayat.—(I) There shall be a Gram Panchayat for every village specified
as a village for the purpose of this Act under Seed' n 3.

•

Pai
the
10
pre
be
the
inn
pit

art
th
thi
tot'
Wi

Pai
pre
are

com

com;

Grat
with(7) a
fled i
any e
he sh
or pr

PART IV]

THE MADHYA PRADESH I'ANCHAYAT RAJ ADH1NIYAM, 1993

II

(2) The Governor may by notification, divide a district into blocks.
The notification shall specify the name of every such block, its headquarters
and the area comprised therein. For every block there shall I .’ a Janapada
Panchayat which shall be known by the name of the block.
(3) There shall be a Zila Panchayat for every district:
Provided that cvery muni-ipal corporation, municipal council, town
area committee, notified ar-.’ committee or special area development authority
established and constituted •■•i’hir- the block and district under relevant law
for the time being in force shall form a separate administrative unit for
the respective areas within their jurisdiction under the relevant lav..

II.
Incorporation of Panchayat.—Every Gram Panchayat, Janapada
Panchayat and Zila Panchayat shall be body corporate by the name specified,
there for in the order under Section 3 for village or notification under Section
10 for janapada panchayat and Zila Panchayat as the case may be. having
prepetual succession and a common seal and shall by the said name, sue and
be sued and shah subject to the provisions of this Act and th; rules made
thereunder, have power to acquire, hold or transfer property movable or
immovable, to enter into contracts and to do all things necessary for the
purpose of this Act.
12.
Division of Gram Panchayat into wards.—Each Gram Panchayat
area shall be divided into not less than ten wards as may be determined by
the collector and each ward shall b ■ a single member ward :
Provided that where the population of Gram Panchayat area is more
tnan one thousand it shah be divided into wards in such manner that the
total number of wards shall noi exceed twenty and the population of each
ward shall as far as practicable, be the same in each ward :

Provided further that the ratio between the population of the Gram
Panchayat area and the number of wards in such panchayat shall, so far as
practicable, be the same throughout the block within which the Panchayat
area falls.
13.
Constitution of Gram Panchayat.—(I) Every Gram Panchayat shall
consist of—
(i)
Panchas elected from the wards and elected sarpanchas ;
(ii)
Panchas co-opted, if any, under sub-sections (6) and (7j.
(2)
If any ward fails to elect a panch, fresh election proceedings shall be
commenced in such ward within two months to fill the seat :
Provided that further proceedings for co-option and constituting the
Gram Panchayat shall not be stayed pending election of a panch in accordance
with this sub-section.
(3)
For the purpose of co-option of panch under sub-sections (6) and
(7) no elected panch shall represent more than any one of the interests speci
fied in tiie proviso to sub-section (6) or in sub-section (7) and in the event of
any elected panch being capable of representing more than one such interest,
he shall be deemed to represent only one such interest in the foilowing order
or priority to the exclusion of the remaining,—

(i)
(ii)
(4)
(a)

Scheduled Castes/Scheduled Tribes ;
Cooperative Societies.
(i) Seats shall be reserved in cvery Gram Panchayat for—
the Scheduled Castes, and

M. P. ACTS AND ORDINANCES

[1994

(b) the Scheduled Tribesand lhe number of scats so reserved shall
bear, as nearly as may be the same proportion to the total number
of seals to be filled by direct election in that Gram Panchayat as
the population of the Scheduled Castes or of the Scheduled Tribes
in that Gram Panchayat area bears to the total population of that
area and such seats shall be allotted by the prescribed authority by
rotation to different wards in that Gram Panchayat, in the
prescribed manner.
(ii) In a Gram Panchayat where fifty percent or less than fifty percent
seats have been reserved both for the Scheduled Castes and Scheduled Tribes,
twenty five percent seats of the total number of scats shall be reserved for
other Backward Classes and such seats snail be allotted by rotation to
different wards in that Gram Panchayat by the Collector in the prescribed
manner.
(5)
Not less than one-third of the total number of seats reserved
under sub-section (4) sha.l be reserved for women belonging to the Sche
duled Castes or, as the case may be, the Scheduled Tribes or other Backward
Classes.
(6)
Not less than ore tl ird including the number of scats reserved for
women belonging to the Scheduled Castes, the Scheduled Tribes and other
Backward Classes of the total number of seats to be filled by direct election
in every Gram -Panchay it shall be reserved for women and such scats
may be allotted by the prescribed authority by drawing of lots and by
rotation to different wards in a Gram Panchayat in the prescribed
manner :
Provided that the wards which have no population of Scheduled Castes
or Scheduled Tribes or other Backward Classes shall be excluded for allot
ment of seats reserved for Scheduled Castes or Scheduled Tribes, or other
Backward Classes as the case may be :

Provided further that in case no reservation of seats is possib.c as afore
said due to small population of Scheduled Castes and Scheduled Tribes, and
the elected panchas do not already include a panch of such castes or tribes
and the combined population of Scheduled Castes, and Scheduled Tribes is
atleast five percent of the total population of the Gram Panchayat area, the
Gram Panchayat shall coopt a person of Scheduled Castes or, Scheduled
Tribes as the case may be who is qualified for being a panch of the Gram
Panchayat.
(7)
If the elected panchas do not include a member of the committee of
a cooperative society functioning within the Gram Panchayat area, the Gram
Panchayat shall co-opt a member of the committee cf co-operative society
who is qualified for being a panch of the Gram Panchayat.
Explanation.—For the purpose of this sub-section the expression‘Com
mittee’ shall have the meaning assigned to that expression in
clause (d) of Sectijn 2 of the Madhya Pradesh Cooperative Societies
Act, 1960 (N>. 17 of 1961).

Notes

Reservation of wards for women by applying system of rotation and
drawing lot. The provision of Act is not against the spirit of the Adhiniyam.
Mukuud Das and another v. State of M. P. and others. 1993 MPLJ 767.
14.
Qualification to vote and to be a candidate. —fl) Every person whose
name is included in the list of voters of a village shall be qualified to vote at

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

13

the election of an office bearer of a panchayat within whose area the village is
comprised.
(2)
Every such person unless disqualified under this Act or any other
law for the time being in force shall be qualified to be elected or co-opted, as
the case may be. as office-bearer of a Panchayat.
15.
Prohibition of simultaneous membership —No person shall be
eligible for seeking election as an office bearer of a Panchayat from more than
one ward or constituency as the case may be.
16.
Meeting of co-option.—The prescribed authority shall, as soon as
may be, after every general election, call a meeting of the elected panchas of
the Gram panchayat for the purpose of co-opting panchas as required ■ by
Section 13 if necessary.

17.
Election of Sarpanch and Up-Sarpanch.—(1) In every Gram
Panchayat there shall be a Sarpanch and an Up-Sarpanch. A person
who—

(i)
is qualified to be elected as panch ;
(ii) is not a member of either House of Parliament or member of State
Legislative Assembly ; and
(iii)
is not Chairman or Vice-Chairman of Co-operative Society ;
shlal be elected as a Sarpanch, subject to the provisions of sub-sections
,
(2)
(3) and (4), by persons whose names are included in the list of voters
of the Gram Panchayat area in such manner as may be prescribed.
(2)
(i) Such number of seats of Sarpanchas of Gram Panchayats shall
be reserved for Scheduled Castes and Scheduled Tribes in the Gram Panchayat
within the block which bears the same proportion to the total number of
sarpanchas in the block as the proportion of the Scheduled Castes and
Scheduled Tribes in the block bears to the total population of the
block.

(ii) Where the total population of Scheduled Castes and Scheduled
Tribes in the Block is less than fifty percent. Twenty five per cent of seats of
Sarpanchas of Gram panchayats within the Block shall be reserved for other
backward classes.
(3)
Not less than one-third of the total number of scats of Sarpanchas
within the block shall be reserved for women.
(4)
The seats reserved under this section shall be allotted by the
prescribed authority in the Gram Panchyat within the block by rotation in
the prescribed manner.
(5)
The Prescribed Authority shall immediately after the co-option of
Panchas under Section 16 call a meeting of the Gram Panchayat for the
purpose of election of Up-Sarpanch and subject to provisions of sub-section
(7) the Gram Panchayat shall in the meeting so called elect from amongst its
elected panchas who arc not Chairman or Vice-Chairman of Cooperative
Society or members of either House of Parliament or members of the State
Legislative Assembly, and Up-Sarpanch.
(6)
If the Sarpanch of the Gram Panchayat does nor. belong to Sche
duled Castes, or Scheduled Tribe or other Backward Classes the Up-Sarpanch
shall be elected from amongst the Panchas belonging to such castes or tribes
or backward classes.

14

ill 1>. ACTS AND ORDINANCES

[(994

(7)
If the Sarpanch or the Up-Sarpanch becomes the member of either
House of Parliament or a member of the Sta>e Legislative Assembly or
Chairman or Vice-Chairman of a Co-operative Society he shall be deemed to
have vacated hi’ offic- as Sarpanch or Up-Sarpanch, as -.he case mav be, with
effect from the date of becoming such member or Chairman or Vice-Chair
man and a casual vacancy shall be deemed to have occurec' in such office for
the purpose of Section 38.
(8)
Notwithstanding anything contained in this section the Sarpanch
shall be deemed to be a panch of Gram Panchayat for the purposes of this
Act.
18.
Handing
over charge by outgoing Sarpanch.—The outgoing
Sarpanch shall hand over the charge of his office to the new Sarpanch forth
with on taking over the charge of the office by the new Sarpanch :

Provided that the Sarpanch, who is no more in office due to resignation,
no-ccnfidence motion or removal under this Act. as the case may be, shall
hand over forthwith the charge of his office to the Up-Sarpanch and if the
office of Up-Sarpanch is vacant to the Secretary of fhe Gram i-'anchayat
forthwith after the date of resignation, passing of no-confidence motion or
removal, as the case may, be.
(2)
If the outgoing Sarpanch fails or refuses to hand over charge forth
with of his office in accordance with sub-section (1). the prescribed authority
may by order in writing direct the outgoing Sarpanch to hand over forthwith
the charge of his office and a'l papers and property in his possession as
sarpanch to th • new Sarpanch, Up-Sarpanch or Secretary of the Gram
Panchayat, as me case may be.
(3)
If an out-going Sarpanch fails to comply with the direction under
sub-section (2), the prescribed authority shall proceed against him in accor
dance with Section 92 and shall take necessary steps to launch prosecution
under Section 98.
(4)
A sarpanch against whom an action has been taken under sub
section (3) and who was been found guilty, shall be disqualified to be member
or an office-bearer of panchayat for a period of six years from the date on
which he has been found guilty :
Provided that such disqualification may be removed or the period there
of may be reduced by the State Government for reasons to be recorded in
writing.

19.
Notification of election, co-option etc.—(1) Every election and
co-optioa of Sarpanch Up-Sarpanch and Panchas as the case may be,
shall be published by the prescribed authority in such manner as may be
prescribed.
20.
First meeting and term of office.—(1) First meeting of the Gram
Panchayat shall be held within 30 days of the date of the publication under
Section 19. Such meeting shall be convened by the prescribed authority and
the provisions of section 4> regarding meeting as far as may be shall apply in
resp.ct of ti e said meeting.
(2)
The office bearers of the Gram Panchayat shall hold office for five
years from the date of the first meeting and no longer :
Provided that notwithstanding anything contained in this sub-section
every person becoming an office bearer of a Gram Panchayat shall, cease to
hold office forthwith —
(i)
on his ceasing to be—

THE MADHYA PRADESH PAHCHAYAT RAJ ADHINIYAM, 1993

PART IV]

15

(a) a voter of the Gram Panchayat area ; or
(b)
a member of the committee of co-operative society functioning
within the Gram panchayat area by virtue of which he was
co-opted under sub-section (7) of Section 13.
(ii)
On his becoming a member of State Legislative Assembly or member
of either House of Parliament.
(3)
If before of the expiry of the period mentioned in sub-section (2),
the Gram Panchayat is not reconstituted, it shall stand dissolved on the expiry
of the said period and the provisions of section 87 shall apply thereto for
a period not exceeding six mouths within which the Gram Panchayat
shall be reconstituted in accordance with the provisions of this Act.
21.
No-confidence motion against Sarpanch and Up-Sarpanch. —(I) Ona
motion of no-confidence being passed by the Gram Panchayat by a resolution
passed by majority of not less than three fourth of the panchas present and
voting and such majority is more than two third of the total number of
panchas constituting the Gram panchayat for the time being, the Sarpanch
or Up-Sarpanch against whom such motion is passed, shall cease to hold
office forthwith.
(2)
Notwithstanding anything contained in this Act or the rules made
thereunder a Sarpanch or an Up-Sarpanch shall not preside over a meeting in
which a motion of no-confidence is discussed against him. Such meeting shall
be convened in such manner as may be prescribed and shall be presided over
by an officer of the Government as the Prescribed Authority may appoint. The
Sarpanch or the Up-sarpanch, as the case may, be shall have a right to
speak at, or otherwise to take part, in, the proceedings of the meeting.

(3)
No-conndence motion shall not lie against the sarpanch or Upsarpanch within a period of—
(i)
one year from the date on which the sarpanch or Up-sarpanch enter
their respective office ;
(ii)
six months preceding the date on which the term of office of the
sarpanch or Up-sarpanch, as the case may be, expires ;
(iii)
one year from the date on which previous motion of no-confidcnce
was rejected.
22.
Composition of Janapad Panchayat.—(I) Every Janapad Panchayat
shall consist of the following
■
(i)
Members elected from the constituencies ;
(ii) member, if any co-opted under sub-sections (3), (4) and (5) ;

(iii) All members of the State Legislative Assembly returned from
the constituencies which wholly or partly (all within the
block :
Provided that a member of the State Legislative Assembly whose consti
tuency wholly falls within an urban area shall not be a member of
the said Janpad Panchayat.
(2)
For the purpose of co-option of members under sub-sections (3) and
(4)
no member mentioned in clause (i) of sub-section (I) shall represent more
than any one of the interests specified in sub-sections (3) and (4) and in the
event of any such member being capable of representing more than one such
interests, he shall be deemed to represent one such interest, in the following
order of priority to the exclusion of the remaining—

(i)

Scheduled Castcs/Schedulcd Tribes,

16

M. P. ACTS AND ORDINANCES

[1994

(ii) Cooperative Marketing Society or Cooperative Bank.
(3)
If the members mentioned in clause (i) of sab-s:ction (1) do not
already include a member of Scheduled Castes or Scheduled Tribes theJanapad
Panchayat shall co-opt a person belonging to such Castes or Tribes.
(4)
If the members of a Janapad Panchayat mentioned in c ause (i) of
sub-section (1) do not include a Director of Cooperative Marketing Society or
of a Cooperative Bank the Janapada Panchayat shall co-opt a Director either
of the Cooperative Marketing Society of ’the Cooperative Bank having
jurisdiction over the block.
(5)
If the mem bers of a Janapada Panchayat mentioned in clause (i) of
subjection (1) do not include a member of market committee/committecs
constituted under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972
(No. 24 of 1973) having jurisdiction over market area partly or wholly
falling within the block the prescribed authority shall convene a meeting
of the members of such committee/committees to elect a member from
amongst themselves in such manner as may be prescribed to represent such
committee/committees in Janapada Panchayat.
(6)
Any person who is not a voter of Gram Panchayat area within the
block and is not qualified to be elected as a Panch of a Gram Panchayat
within the block and v'ho is a member of either House of Parliament or a
member of the State Legislative Assembly shall not be co-opted under sub
sections (3) and (4) or elected under sub-section (5).
(7)
If any constitutency fails to elect a member, fresh election procee
dings shall be commenced in such constituency within two months to fill the
seat :
Provided that further proceedings of co-option and election of President
and Vice-President of the Janapad Panchayat shall not be stayed pending the
election of a member in accordance with this sub-section.
23.
Division of block into constituencies.—(1) Subject to the provisions
of sub-section (2>, the State Government shall by notification divide a block
into such number of constituencies that each constituency has as far as
practicable a papulation of five thousand and every constituency shall
be a single member constituency :
Provided that where the population of a Block is less than fifty
thousand it shah be divided into not less than ten constituencies and the
population of each constituency shall be as far as practicable be the same in
each constituency :
Provided further that the total number of constituencies in a block
shall not exceed twenty five.
(2)
The ratio between the population of the territorial area of a
Janapad Panchayat and the number of constituencies in such Janapad
Panchayat shall, so far as practicable, be the same thoughout the
State.

(3)
(i) Seats shall be reserved for—
(a) the Scheduled Custes ; and
(b) the Scheduled Tribes,
in every Janapad Panchayat 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 Janapada Panchayat as
the population of the Scheduled Castes in that Janapad Panchayat area or the

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

17

Scheduled Tribes in that Janapad Panchayat area bears to the total popu
lation of that area and such seats may be allotted by the prescribed authority
by rotation to different wards in that Janapad Panchayat in the prescribed
manner.
(ii) In the Janapada Panchayat where fifty per cent, or less than fifty
per cent, seats have been reserved both for the Scheduled Castes and Sche
duled Tribes twenty five per cent, seats of the total number of seats shall
be reserved for other Backward Classes and such seats shall be allotted by
rotation to different constituencies by the Collector in the prescribed
manner.
(4)
Nor less than one third of the total number of seats reserved under
sub-section (3) shall be reserved for women belonging to the Scheduled
Castes or, the Scheduled Tribes, or other Backward Classes, as the case
may be.
(5)
Not less than one third, (including the number of seats reserved for
women belonging to Scheduled Castes and Scheduled Tribes and other Back
ward Classes) of the total number of seats to be filled by direct election in
every Janapad Panchayat shall be reserved for women and such seats
may be allotted by the Prescribed Authority by drawing lots and by
rotation to different wards in a Janapada Panchayat in the prescribed
manner.
Provided that the constituencies which have no populatiou of Scheduled
Castes or Scheduled Tribes or other Backward Classes shall be excluded for
allotment of seats reserved for Scheduled Castes or Scheduled Tribes or other
Backward Classes as the case may be.
24.
Meeting for co-opt ion.—The prescribed authority, shall, as soon as
may be, after every general election, call a meeting of the elected members of
Janapad Panchayat for the ourposcs of co-opting members as required by
Section, 22, if necessary.

25.
Election of President and Vice-President of Janapad Panchayat.—(1)
The Prescribed authority shall, as soon as may be, after the co-option of
members call a meeting of members of Janapad Panchyat for electing a
President and a Vice-President of Janapad Panchayat for amongst its
members.
(2)
(i) Office of President of Janapad Panchayat shall be reserved for—
(a)
the Scheduled Caste ; and
(b) the Scheduled Tribes,
and the number of offices of President reserved for the Scheduled Castes and
the Scheduled Tribes in the district shall bear as nearly a-, may be, the same
proportion to the total number of such offices in the distriit is the population
of the Scheduled Castes or the Scheduled Tribes, as the case may be bears
to the total population of district :

Provided that not less than one-third of the total number of offices of
President of Janapad Panchayat subject to a minimum of one shall be reserved
for women :
Provided further that the offices under this section shall be reserved by
the prescribed authority in the Janapad Panchayat within the district by rota
tion in the prescribed manner :
Provided also, that Janapad Panchayats where there is no reservation of
seats for the Scheduled Castes or Scheduled Tribes as the case may be shall be

18

M. P. ACTS AND ORDINANCES

[1994

excluded for reservation of offices of President belonging to such castes or,
such tribes, as the case may be.
(ii) Where the total population of Scheduled Castes and Scheduled
Tribes in the district is less than fifty per cent., twenty five per cent, of seats
of President of Janapad Panchayats within the district shall be reserved for
other backward classes.
(3)
Subject to the provisions of sub-sections (2) and (4) the members of
Janapad Panchayat shall elect a President and Vice-President from amongst its
elected members who are not Chairman or Vice-Chairman of Co-operative
Society in such manner as may be prescribed.
(4)
If the President of Janapad Panchayat docs not belong to the Sche
duled Castes, Scheduled Tribes or other Backward Classes the Vice-President
shall be elected from amongst the members belonging to such castes or tribes
or classes.
(5)
If a President or Vice-President of Janapad Panchayat become a
member of either nouse of Parliament or a member of the State Legislative
Assembly or a Chairman or Vice-Chairman of Co-operative Society, he shall
be deemed to have vacated his office as President or Vice-President as the
case may be. with effect from the date of bis becoming such member or
Chairman or Vice-Chairman, and a casual vacancy shall be deemed to have
nccured in such office for the purpose of Section 38.
26.
Publication of names of members, President and Vice-President.—
The names of the members, President and Vice-President of Janapad Panchayat shall be published by the Prescribed authority in such manner as may be
prescribed.
27.
First meeting and term of office.—(I) First meeting of the Janapad
Panchayat shall be held within 30 days of the date of publication under
Section 26. Such meeting shall be convened by prescribed authority and
provisions of Section 44 regarding meeting, as far as may be, shall apply in
respect of the said meeting.
(2)
Unless otherwise provided in the Act the office bearers of Janapad
Panchayat shall hold office for five years from the date of the first meeting
and no longer :

Provided that notwithstanding anything contained in this sub-section an
office bearer of Janapad Panchayat shall cease to hold office forthwith on his
ceasing to be—
(a)
a voter of a Gram Panchayat area within the block ;
(b)
Director of Co-operative Marketing Society or Co-operative Bank
within the block by virtue of which he became member of Janapad
Panchayat under sub-section (4) of Section 22 ;
(c)
Member of Market Committee by virtue of which he became
member of Janapad Panchayat under sub-section (5} of Section 22.
(3)
If before the expiry of the period prescribed in sub-section (2) the
Janapad Panchayat is not newly constituted, it shall stand dissolved on the
expiry of the said period and the provisions of Section 87 shall apply
thereto for a period not exceeding six months within which the Janapad
Panchayat shall be reconstituted in accordance with the provisions of this
Act.
28.
No-confidence motion against President or Vice-President. —(1) On
a motion ol no confidence being passed by Janapad Panchayat by resolution

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHIN1YAM, 1993

19

passed by a majority of not less than three fourth of the members present
and voting and such majority is more than two-third of the total number of
members constituting the Janapad Panchayat for the time being, the President
or the Vice-President against whom such resolution is passed shall cease to
hold office forthwith.
(2)
Notwithstanding anything contained in this Act or the Rules made
thereunder, a president or a vice-president shall not preside over a meeting in
which a motion of no-confidence is discussed against him. Such meeting
shall be convened in such manner as may be prescribed and shall be presided
over by an officer of the Government as the prescribed authority may appoint.
The President or the Vice-President, as the case may be, shall have a right to
speak at or otherwise to take part in the proceeding of the meeting.
(3)
No-confidence motion shall not lie against the President or VicePresident within a period of—
(i)
one year from the date on which the President or Vice-President
enter their respective office ;
(ii)
six months preceding the date on which the term of office
of the President or Vice-president, as the case may be, expires ;
(iii)
one year from the date on which previous motion of no confidence
was rejected.
t
29.
Constitution of Zila Panchayat.—(1) Every Zila Panchayat shall
consist of the following :—
(i)
Member elected from the constituencies ;
(ii) Chairman of district Co-operative Bank and District Co-operative
and Development Bank ;
(iii)
All Members of Lok Sabha representing parliamentary constituencies
which wholly or partly form part of district;

All Members of Rajya Sabha returned from State of Madhya
Pradesh whose name appears in the list of voters of a Gram
Panchayat area within the district ;
(v)
Al! members of the State Legislative Assembly returned from the
district:

(iv)

Provided that the members of Lok Sabha and Members of State Legisla
tive Assembly v'hose constituencies wholly fall within the urban area
shall not be the members of the Zila Panchayat.
(2)
If the members of a Zila Panchayat mentioned in clause (i) of sub
section (1) do not include a member of the Scheduled Castes or a member of
the Scheduled Tribes the Zila Panchayat shall co-opt a person belonging to
such castes or tribes as the case may be.
(3)
Any person who is not a voter of Gram Panchayat area within the
district and is not qualified to be a Panch of Gram Panchayat within the
district shall not be cc-opted under sub-section (2).
(4)
If any constituency fails to elect a member fresh election proceedings
, shall be commenced in such constituency within two months to fill the
seat.
Provided that further proceedings of co-option and election of President
and Vice-president of Zila Panbhayat shall not be stayed pending the election
of a member in accordance with this sub-scction.
30.
Division of District into constituencies.—(1) Subject to the provi
sions of sub-section (2), the State Government shall by notification divide a

20

M P. ACTS AND ORDINANCES

[1994

district into such number of constituencies that each constituency shall have as
far as practicable, a population of fifty thousand and every constituency shall
have as far as practicable, a population of fifty thousand and every consti
tuency shall be a single member constituency :
Provided that where the population of a District is less than five lakhs,
it shall be divided into not less then ten constituencies and the population
of each constituency shall as far as practicable, be the same in each
constituency :
Provided further that the total number of constituencies shall not exceed
thirty five.
(2)
The ratio between the population of the territorial area of the Zila
Panchayat and number of constituencies in such Zila Panchayat area, shall,
as far as practicable, be the same throughout the State.
(3)
(i) Seats shall be reserved for—

fa) the Scheduled Castes ; and
(b)
the Scheduled Tribes,
in every Zila Panchayat 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 the Zila Panchayat as the population of. the Sche
duled Castes or the Scheduled Tribes in that Zila Panchayat area bears to
the total pooulation of that area and such seats may be allotted by the
prescribed authority by rotation to different constituencies in that Zila Panch
ayat in the prescribed manner.
(ii) In the Zila Panchayat where fifty per cent, or less then fifty per cent.
seats have been reserved both for Scheduled Castes and Scheduled Tribes,
Twenty five per cent, seats of the total number of seats shall be reserved for
other Backward Classes and such seats shall be allotted by rotation to
different constitueccies by the Collector, in the prescribed manner.
(4)
Not less than one-third of the total number of seats so reserved
shall be reserved, for women belonging to the Scheduled Castes or, the
Scheduled Tribes or other Backward Classes, as the case may be.
(5)
Not less than one-third (including the number of seats reserved for
women belonging to Scheduled Castes, Scheduled Tribes and other Backward
Classes) of the total number of seats to be filled by direct election of Zila
Panchayat shall be reserved for women and seats may be allotted by the
prescribed authority by drawing lots and by rotation to different constituencies
in a Zila Panchayat in the prescribed manner :
Provided further that the constituencies which have no population of
Scheduled Castes, Scheduled Tribes or other Backward classe shall be excluded
for allotment of seats reserved for Scheduled Castes or Scheduled Tribes, or
other Backward Classes, as the case may be.
31.
Meeting for co-option.—The prescribed authority shall, as soon as
may be, after every general election call a meeting of the members of Zila
Panchayat for the purpose of co-opting a member as required by Section 29,
if necessary.

32.
Election for President and Vice-President.—(1) The prescribed
authority shall, as soon as may be, after the co-option of member, if
any, call a meeting of member of Zila Panchayat for electing a President
and Vice-president of Zila Panchayat from amongst the elected members.
(2) (i) Offices of President shall be reserved for—

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHINfYAM, 1993

21

(a) the Scheduled Castes : and
(b) the Scheduled Tribes,
and the number of offices of President reserved for the Scheduled Castes and
Scheduled Tribes shall bear as nearly as may be, the same proportion to the
total number of such offices in the State as the population of Scheduled Castes
or, as the case may be, the Scheduled Tribes bears to the total population of
the State.
Provided that not less tnan one-third of the total number of offices of
President of Zila Panchayat shall be reserved for women :
Provided further that the offices of President reserved for women under
this section shall be reserved by the prescribed authority in the Zila Pancbayat within the State by drawing of lots and by rotation in the prescribed
manner :
Provided also that tne Zila Panchayat where there is no reservation of
seats for the Scheduled Castes or as the case may be, the Scheduled Tribes
shall be excluded from drawing of lots for reservation of offices of Presidents
for such castes, or such Tribes, as the case may be ;
(ii) Twenty five per cent, of seats of President of the Zila Panchayats in
the State shall be reserved for other backward classes.
(3)
Subject to the provisions of sub-section (2) and (1) the Zila Panch
ayat shall elect a President and a Vice-President from amongst its elected
members in such manner as may be prescribed.
(4)
If the President of a Zila Panchayat does not belong to the Sche
duled Castes or the Scheduled Tribes or other Backward Classes the VicePresident shall be elected from amongst the members belonging to such Castes
or Tribes or Classes.
(5)
If a President or a Vice-President of Zila Panchayat becomes a
member of either House of Parliament or a member of the State Legislative
Assembly or a Chairman or Vice-Chairman of a Co-operative Society, he shall
be deemed to have vacated his office as President or Vice-President, as the
case may be, with effect from the date of his becoming such member or
Chairman or Vice-Chairman and a casual vacancy shall be deemed to have
occured in such office for the purpose of Section 38.
33.
Publication of names of members, President and Vice-President.—The
names of members, President and Vice-President of Zila Panchayat shall be
published by the prescribed authority in such manner as may be prescribed.
34.
First meeting and term of office.—(1) First meeting of the Zila
Panchayat shall be held within 30 days of the date of publication under
Section 33. Such meeting shall be convened by the prescribed authority and
provisions of Section 44 regarding meeting, as far as may be, shall apply in
respect of the said meeting.
(2)
Unless otherwise provided in this Act the office bearers of Zila
Panchayat shall hold office for five years from the date of lhe first meeting
and no longer :
Provided that notwithstanding anything contained in this sub-section an
office bearer of Zila Panchayat shall cease to hold office forthwith on his
ceasing to be—
(a) a voter of the Gram Panchayat area within the district ;
(b) Chairman of District Co-operative Bank or District Co-operative
Land Development Bank by virtue of which he became member of
Zila Panchayat..

M. P. ACTS AND ORDINANCES

22

[1994

(3)
If before the expiry of the period prescribed in sub-section (2) the
Zila Panchayat is not newiy constituted, it shah stand dissolved on the
expiry of the said period and the provisions of Section 87 shall apply
thereto for a period not exceeding six months within the Zi'.a Panchayat
shall be reconstituted in accordance with the provisions of this Act,

35.
No confidence Motion against President and Vice-President.—(1) On
amotion of no confidence being passed by Zila P nchayat by resolution
passed by a majority of not less than three fourth of the members present
and voting and such majority is more than two-third of the total number of
members constituting the Zila Panchayat for the time being the President or
the Vice-president against whom such motion is passed shall cease to bold
office forthwith.
(2) Notwithstanding anything contained in this Act or the rules made
thereunder, President or Vice-president shall not preside over a meeting in
which a motion of no-confidence is discussed against him. Such meeting shall
be convened in such a manner as may be prescribed and shall be presided
over by an officer of the Government as the prescribed authority may appoint.
The President or Vice-president as the case may be, sha 1 have a right to speak
at or otherwise to take part in the proceeding of the meeting.
(3)
No confidence motion shall mot lie against the President or Vicepresident within a period of

(i)
one year from the date on which the Zila President or Vice-Presi
dent enter their respective office ;
(ii) Six months preceding the date on which the term of office of the
president or vice-president as the case may be expires ;
(iii) one year from the ■iatc on which previous motion of no-confidence
was rejected.

36.
Disqualification for being office bearer of Panchayat.—(1) No
person shall be ebgible to be an office-bearer of panchayat who—
(aj has, either .before or after the commencement of this Act been
convicted :—

of an offence under the Protection of Civil Rights Act, 1955
(No. 22 of 1955) or under any law in connection with the use,
consumption or sale of narcotics or any Jaw corresponding
thereto in force in any part of the State unless a period of five
years or such lesser period as the State Government may allow
in any particular case has elapsed since his conviction ;
or
(ii) of any other offence and had been sentenced to imprisonment
for not less than six months, unless a period of five years or
such less period as the State Government may allow in any
particular case has elapsed since his release ; or
(i)

is of unsound mind and stands so declared by a competent court;
or
is an applicant to be adjudged an insolvent or is an undischarged
insolvent ; or
(d)
hold an office of profit under any Panchayat or is in the service of
any other local authority or co-operative Society or the State
Government or Central Government or any public Sector
(b)

(c)

PART IV)

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

23

undertaking under the control of the Central Government or
the State Government:
Provided that no person shall be deemed to have incurred disquali
fication under this clause by reason of bling appointed as a Patel
under the Madhya Pradesh Land Revenue Code, 1959 (No. 20
of 1959) ; or
(e)
has been dismissed from the service of the State Government or
Central Government or a Panchayat or any other local authority
or a Co-operative Society or any Public Sector undertaking
under the control of the Central Government or the State Govern
ment ; or
(f)
has directly or indirectly any share or interest in any contract with,
by or on behalf of the Panchayat, while owning such share or
interest:
Provided that person shall not be deemed to have incurred disquali
fication under clause (f) by reason of his,—
(i) Having share in any joint stock company or a share or interest
in any Association registered under the Madhya Pradesh
Society Registration Adhiniyam. 1973 (No. 44 of 1973) or in
any Co-operative Society which shall contract with or by
employees by or on behalf of the Pauchayat ; or
(ii) having share or interest in any newspaper in which any
advertisement relating to the affairs of the panchayat is
inserted ; or
(iii)
holding a debentiie or being otherwise concerned in any loan
raised by or o a behalf of the panchayat ;
(g)
is employed as paid legal practitioner on behalf of the panchayat;
or
(h)
(i)

is suffering from a variety of laprosy which is infectious ; or

has voluntarily acquired the citizenship of a Foreign State, or is
under any acknowledgement of allegiance or adherence to a Foreign
Sts.te ; or
(j)
has been disqualified under the Act repealed by Section 130 during
the period of five years preceding the date of filing a nomination
paper in any election to be held for the first time under this Act
and the period of su:h disqualification has not elapsed or'the
disqualification has not been removed ; or
(k)
is disqualified by or under any law for the time being in force
for the purpose of election to the State Legislative Assembly :

Provided that no person shall be disqualified on the ground that
he is less than 25 years of age if he has attained the age of
21 years.
(1)
is so disqual.tied by or under any law made by the legislature of
the State.
(2)
If any person having been elected, nominated or co-opted as an
office bearer of Panchayat
(a) subsequently becomes subject to any of the disqualification
mentioned in sub-section (1) and such disqualification is not
removable or being removable is not removed ;
(b) accepts employmem as legal practitioner against the panchayat;

M. P. ACTS AND ORDINANCES

24

[1994

absents himself from three consecutive meetings of the panchayat
or its Committee or does not attend half the number of meetings
held during the period of six months without the leave of the
panchaya:;
he shall, subject to the provisions of sub-section (3), cease to be such
office bearer and his office shall become vacant:
(c)

Provided that where an application is made by an office bearer to the
Panchayat for leave to absent himself under clause (c) and the
Panchayat fails to inform the applicant of its decision on the
application within a period of one month from the date of receipt of
the application, the leave applied for, shall be deemed to have been
granted by the Panchayat.
(3)
In every case the authority competent to decide whether a vacancy
has occured under sub-section (2), shall be Collector in respect of Gram
Panchayat and Janapad Panchayat and Commissioner in respect of Zila
Parishad who may give his decision either on an application made to him by
any person or on his own motion. Until, the Collector or the Commissioner,
as the case may be, decides that the vacancy has occured, the person shall not
cease to be an office bearer :
Provided that no order shall be passed under this sub-section against
an office bearer without giving him a reasonable opportunity of being
heard.

(4)
Any person aggrieved by the decision of Collector or Commissioner,
as the case may be, under sub-section (3), may, within a period of 30 days’
from the date of such decision appeal to Commissioner or Board of Revenue
respectively whose orders in such appeal shall be final.
37.
Resignation by office bearer of Panchayat.—(1) A panch of a Gram
Panchayat or a member of Janapad Panchayat or a member of Zila Panchayat
may resign his office by giving notice in writing to that effect to the Sarpanch
or President as the case may be.
(2)
The Sarpanch or Up-Sarpanch of a Gram Panchayat or the Presi
dent or Vice-President of a Janapad Panchayat or Zila Panchayat may resign
his office by giving notice in writing to the prescribed authority.
(3) The manner of giving notice and procedure for tendering resignation
and its becoming effective shall be as may be prescribed :

Provided that a person tendering resignation may withdraw his resig
nation before it becomes effective.
38.
Filling up of vacancies.—(1) In the event of death, resignation or
removal of an office bearer or his becoming a member of State Legislative
Assembly or a member of either House of Par'iament before the expiry of his
term, a casual vacancy shall be deemed to have occurred in his office and such
vacancy shall be filled as soon as may be by election or cc option as the case
may be, m accordance with the provisions of this Act and the rules made
thereunder. A person elected or co-opted as the case may be, fill the vacancy
shall take office forthwith for the unexpired term of his predecessor.
(2) In the event a casual vacancy occurs simultaneously in the office of
the Sarpanch and Up-Sarpanch of a Gram Panchayat, President and VicePresident of Janapada Panchayat or Zila Panchayat, the Gram Panchayat or
the Jtuapada Panchayat or the Zila Panchayat shall elect an office bearer
qualified to hold the office of Sarpanch, or President as the case may be, till

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHIN1YAM, 1993

25

new Sarpanch or President is elected in accordance with the provisions of
this Act and the rules made thereunder.
39.
Suspension of office bearer of Panchayat.—(1) The prescribed
authority may suspend from office any office bearerfa) against whom charges have been framed in any criminal procee
dings under Chapter V-A, VI, IX-A, X, XII, Section 302, 303,
304-B. 305, 306, 312 to 318. 366-A, 366-B, 373 to 377 of Chapter
XVI, Sections 395 to 398, 408, 409, 458 to 460 of Chapter XVII and
Chapter XVIII of the Indian Penal Code 1860 (XLV of 1860) or
under any Law for the time being in force for the prevention of
adulteration of food stuff and drugs, supression of immoral
traffic in women and children and protection of civil rights ; or
(b) who has been served with a notice alongwith a charge sheet to
show cause under this Act, for his removal from the office.

(2)
The order of suspension under sub-section (1) shall be reported to
the State Government within a period of ten days and shall be subject to such
orders as the State Government may deem fit to pass. If the order of suspen
sion is not confirmed by the State Government within 90 days from the
date of receipt of such report it shall be deemed to have vacated.
(3)
In the event of both the Sarpanch and Up-Sarpanch of Gram
Panchayat, President or Vice-President of Janapad Panchayat or Zila Panch
ayat being suspended under sub-section (1), the Gram Panchayat, Janapad
Panchayat or Zila Panchayat shall elect an office bearer qualified to hold the
office of Sarpanch or President as the case may be, such person shall
perform all the duties and exercise all the powers of Sarpanch or President
as the case may be, during the period for which such suspension
continues.
(4)
A person who has been suspended under sub-section (1) shall also
forthwith stand suspended from the office bearer of any other Panchayat of
which he is a member or office bearer. Such person shall also be disqualified
for being elected, coopted or appointed under the Act during his
suspension.

40.
Removal of office bearers of Panchayat.—(1) The State Government
or the prescribed authority may after such enquiry as it may deem fit to make
at any time, remove an office bearer—
(a) if he has been guilty of misconduct in the discharge of his duties ;
or
(b) if his continuance in office is undesirable in the interest of the
public :
Provided that no person shall be removed unless he has been given an
opportunity to show cause why he should not be removed from his
office.
Explanation.—For the purpose of this sub-section “Misconduct” shall
include—
(a) any action adversely affecting—
(i) the harmony and the spirit of common brotherhood
amongst all the people of State transcc iding religious',
linguistic, regional, caste or sectional diversities ; or
(ii) the dignity of women ; or
(b) gross negligence ir. the discharge of the duties under this Act.

26

■M. 1>. ACI3 AND ORDINANCES

(1994

(2) A person who has been removed under sub-section (I) shall forth
with cease to be a member of any other Panchayat of which he is a member,
such person shall also be disqualified for a period of six years to be elected,
coopted or appointed under this Act.
41.
Bar to hold more than one office.—If any person is elected to more
than one office in Gram Panchayat, Janapad Panchayat and Zila Panchayat
he shall within 15 days from the date of declaration of result of such election,
inform the prescribed authority in writing about holding one of the office, if
such information is not received within the said period, he shall be deemed
to holo one office only in the following order of priority to the exclusion of
the remaining: —
(a)
a member of Zila Panchayat ;
(b)
a member'of Janapad Panchayat ;
(c)
a Sarpanch of, Gram Panchayat ;
(d)
a panch of Gram Panchayat.

CHAPTER IV
Conduct of Election
42.
Powers of the State Election Commission.—The superintendence,
direction and control of the preparation of electoral rolls for and the conduct
of all elections to the Panchayats shall be vested in the State Election
Commission
43.
Power to make rules. -The State Government may by notification
in the official gazette make rules for the composition of Panchayts conductin g
the election and cooption, issue of symbols and all matters relating to or In
connection with election to the Panchayats.
CHAPTER V
Conduct of Business and the Procedure at the Meeting of the Panchayats

44.
Procedure of Meeting.—(I) Subject to the. provisions of this Act,
the procedure of meeting and conduct of business of a Panchayat shall be
such as may be prescribed.
(2) The chairperson of a Panchayat and other members of a Panchayat
whether or not chosen by direct election from territorial constituencies shall
have the right to vote in the meeting of the Panchayats.
(3) The quorum for a meeting of Panchayat shall be one half of the
member constituting the Panchayat for the time being. If there be .no quorum
present at a meeting, the presiding authority shall, adjourn the meeting to
such dale and hour as may be fixed by it. A notice of the meeting so fixed
shall be posted in the office of the Panchayat. No quorum shall be necessary,
for such postponed meeting, and no new subject for consideration may be
bi ought before such meeting.
(4)
The President or Sarpanch shall call a meeting of the Zila Panchayaf, Janap.ida Panchayat or Gram Panchayat, as the case may be, atleast
once every mouth. If the President or Sarpanch fails to call the meeting in
any month the Secretary of the Zila Panchayat, Chief Executive Officer of
the Jam pada Panchayat or Secretary of the Gram Papchayat shall issue a
notice of the meeting of the Panchayat concerned as soon as twenty five days
elapsed after the date of the last meeting.
(5)
A ’eport about the income and expenditure of the Gram Panchayat
between the period of last meeting and the current meetingas well as the
cumulative income and expenditure in the curient financial year up to the

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

27

current meeting shall be placed before the Gram Panchayat, in addition to
any other subjects, by the Secretary of Gram Panchayat and such report shall
be discussed by the Gram Panchayat. In case of Janapada Panchayat and
Zila Panchayat such report shall be placed by the Chief Executive Officer of
Janapada Panchayat or Secretary of Zila Panchayat as the case may be in its
meeting once in three months. The reports shall be prepared in such manner
as may be prescribed.
(6)
If more than fifty percent of the members of the Panchavat give
requisition in writing for a special meeting of the Panchayat, .the President or
Sarpanch, as the case may be, shall call such a meeting within seven days of
receipt of such requisition. ' If the President or Sarpanch as the case may be,
fails to call the meeting on such requisition the members who have given
requisition of a special meeting may call the meeting themselves and there
upon the Secretary of the Zila Panchayat, Chief Executive Officer of the
Janapada Panchayat or the Secretary of the Gram Panchayat, as the case may
be, shall issue notice of ’he meeting.
(7)
If the President or the Sarpanch, as the case may be, fails on al least
three occasions to act in accordance with sub-section (4) or sub-s:ction (6),
he shall be liable to be removed from his office under Section 40 and the
provisions of Section 40 shall be applicable to him, who has been so
removed.
45.
Reconsideration of subjects finally disposed of by panchayats —No
subject once finally disposed of by Panchayat shall within six months be
reconsidered by it unless the recorded consent of not less than three fourth of
its members entitled to vote has been obtained thereto or unless the pres
cribed authority has directed its reconsideration.

Subordinate Agencies
46.
Standing Committees of Gram Panchayat.—(1) A Gram Panchayat.
may for dischargmg its functions and dudes, constitute standing committee
not exceeding three and such committee shall exercise such powers as may be
assigned to them by the Gram Panchayat. The committee shall be under the
general control of the Gram Panchayat.
(2)
No person shall be a member of more than two committees at a
time.
(3)
The term of office of the members of standing committee and the
procedure for the conduct of business of the standing committee shall be sur'i
as may be prescribed.
47.
Standing Committees of Janapada Panchayat and Zila Panchayit—
(1)
Every Janapad Panchayat and every
Zila Panchayat shall from
amongst its members constitute the
following standing committees,
namely :—
(a)
General Administration Committee —For all matters connccte I
with establishment and service of Janapad or Zila Papchayat
Administration, Integrated Rural Development Programme Plann
ing, Budget, Accounts. Taxation and other financia’ matters and
subjects not covered by the functions allotted to any other
committee ;
(b)
Agriculture Committee. --For Agriculture, animal husbandry, power,
reclamation including soil conservation and contour bunding and
fisheries compost manuring, seed distribution and other matters
connected with development of agriculture and live-stock.

28

M. P. ACTS AND ORDINANCES

[1994

(c) Education Committee.—For education including adult education,
social welfare of the disabled and the destitutes, women and child
welfare, removal of untouchability, relief of distress caused by
floods, drought, earthquakes, hail storm, scarcity, locusts warms
and other such emergencies, temperance or prohibition, health and
sanitation, tribal and harijan welfare ;
(d)
Communication and Works Committee.—For communication, minor
irrigation, rural housing, rural water supply drainage and other
public works ;
(e)
Cooperation and Industries Committee.—For cooperation, thirft and
small savings, cottage and village, industries, markets and
statistics.
(2)
In addition to the five standing committees referred to in sub-section
(1)
a Janapad Panchayat or Zila Panchayat may with the approval of the
prescribed authority, constitute one or more such committees for other matters
not specified in the said sub-section.
(3)
The General Administration Committee shall consist of Chairman
of all the Standing Committees specified in sub-section (1) and constituted
under sub-section (2).
(4)
Every committee except the General Administration Committee
shall consist of at least five members to be elected by members, of the
Janapad Panchayat or Zila Panchayat as the case may be, from amongst
themselves h the manner prescribed :
Provided that a committee, may co-opt not more than two persons
having experience or special knowledge of the subjects assigned to the Com
mittee. The persons so co-opted shall not have the right to vote in the
proceedings of the Committee.
Provided further that the members of the Education Committee shall
include atleast one woman and a person belonging to Scheduled Caste or
Scheduled Tribes.
(5)
Every Committee except the General Administration Committee
and Education Committee, shall from amongst its elected members, elect a
Chairman within such time and in such manner as may be prescribed.
(6)
Every Committee shall, in relation to the subject assigned to it
exercise such powers and perform such of the functions of the Janapad
Panchayat or Zila Panchayat as the case may be, as may be prescribed.
(7)
No person shall be a member of more than three committees other
than General Administration Committee at a time.

48.
Powers and duties of Sarpanch, Up-Sarpanch. President, VicePresident.—The Sarpanch and Up-Sarpanch and the President and VicePresident shall exercise such powers and perform such functions, as may be
prescribed.
CHAPTER VI
Functions of Panchayats
49.
Functions of Gram Panchayat.—It shall be the duty of Gram
Panchayat in so far as the Gram panchayat funds allows, to perform within
its areas the following functions
(1)
Sanitation, conservancy
and prevention
and
abatement of
nuisance ;

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29

construction, repair and maintenance of public wells, ponds and
tanks and supply of water for domestic use ;
(3)
construction and maintenance of sources of water for bathing and .
washing and supply of water for domestic animals ;
(4)
construction and maintenance of village roads, culverts, bridges,
bunds and other works and building of public utility ;
(5)
construction maintenance and clearing of public streets, latrines,
drains, tanks, wells and other public places ;
(6)
filling in of disused wells, insanitary ponds, pools, ditches and
pits and conversion of step wells into sanitary wells ;
(7)
lighting of village streets and other public places ;
(8)
removing of obstructions and projections in public streets or places
and in sites not being property or which are open to use of public
whether such sites are vested in the Panchayat or belong to the
State Government ;
(9)
regulating and control over entertainment shows, shops, eating
houses and venders of drinks, sweets meats, fruits, milk and of
other similar articles ;
(10)
regulating the construction of house, latrines, urinals, drains and
water closets ;
(11)
management of public land and management, extension and deve
lopment of village site ;
(12)
(a) regulating places for disposal of deads bodies, carcasses and
other offensive matters ;
(b)
disposal of unclaimed corposes and carcasses ;
(13)
earmarking places for dumping refuse ;
(14)
regulation of sale and preservation of meat :
(15)
maintenance of Gram Panchayat property ;
(16)
establishment and management of cattle ponds and maintenance of
records relating to cattle ;
(17)
maintenance of ancient and historical monuments other than those
declared by or under Jaw made by Parliament to be of national
importance, grazing lands and other lands vesting in or under the
control of the Gram Panchayats ;
(18)
establishment, management and regulation of markets and melas
other than public markets and public melas ;
(19)
maintenance of records of births, death and marriages :
(20)
rendering assistance in the census operation and in the surveys
conducted by the State Government or Central Government or any
other local authority lawfully constituted ;
(21)
rendering assistance in prevention of contagious diseases ;
(2)

rendering assistance in inoculation and small pox vaccination and
enforcement of other preventive measures for safety of human
being
and cattle prescribed
by
Government
Department
concerned ;
(23)
rendering assistance to the disabled and destitutes ;
(24)
promotion of youth welfare, family welfare and sports ;
(25)
establishment of Raksha Samiti for : —
(a) safety of life and property ;

(22)

30

M. P. ACTS AND ORDINANCES

[1994

fb) prevention of fire and extinguishing fire and safety of property
during outbreak of such fires ;
(26)
Plantation and preservation of Panchayat forests :
(27)
removal of social evils like dowry :
(2 ) granting Ioan for the purposes of—
(i)
providing medical assistance to indigent persons in serious
and emergency cases ;
(ii)
disposal of dead body of an indigent person or any member of
his family ; or
(ii) any other purpose for the benefit of an indigent person as may
be notified by the State Government from time to time subject
to such terms and conditions as may be prescribed.
(29) (a) carrying out the directions or orders given or issued by the
State Government, the Collector or any other officer authorised
by the State Government in this behalf with respect to the
measures for amelioration of the conditions of the Scheduled
Castes and Scheduled Tribes and other backward classes and
in particular in regard to the removal of untouchability.
(b) perform such functions as may be e.itrusted to it by the State
Government, Zila Panchayat or Janapad Panchayat by general
or special orders ;
(c)
with prior approval of Janapad Panchayat may also perform
other functions as it may desire to perform :
Provided that where any such functions are entrusted to the Gram
Panchayat it shall act as an agent of the State Government,
Zila Panchayat or Janapad Panchayat, as the case may be, and
necessary funds and other assistance for the purpose shall be
provided to it by the State G ivcrnment, Zila Panchayat or
Janapad Panchayat, as the case may be.
50.
Functions of Janapad Panchayat.—(1) Subject to the provisions of
this Act and the rules made thereunder, and subject to general or special
orders, as rnay be issued by the State Government, from time to time it shall
be the duty of a Janapad Panchayat, so far as the Janapad Panchayat funds
allows to make reasonable provision in the block for the following
matters :—
(a) Integrated Rural Development, Agriculture, Social Forestry, Animal
Husbandry and Fisheries, Health and Sanitation, Adult Education,
Communication and Public Works, Co-operation. Cottage Industries
Welfare of Women, youth and children, welfare of disabled and the
destitutes and welfare of backward classes, family planning and
sports and rural employment programmes ;
(b) provision of emergency relief in cases of distress caused by fires,
floods, drought, earthquake, scarcity, locust swarns, epidemics and
other natural calamities ;
(c)
arrangement in connection with local pilgrimage and .festivals ;
managemert of public ferries ;
managemert of public markets, public mains and exhibitions ;
and
(f)
any other function with the approval of the State Government or
Zila Panchayat

(d)
(e)

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31

(2)
The Janapad Panchayat shall control and supervise the administra
tion of the community develop nent block or tribal development block
within its jurisdiction, as the case may be, and the functions and schemes
assigned to such block by the State Government shall be implemented under
the superintendence, direction and control of the Janapad Panchayat in
accordance with the Instructions issued by the State Government from time
to time.
51.
Entrustment of certain functions of State Government to Janapad
Panchayat. —(1) The State Government may entrust, to a Janapad Panchayat
functions in relation to any matter to which the executive authority of the
State Government extends or in respect of functions which have been entrusted
to the State Government by the Central Government and the Janapad Pancha
yat shall be bound to perform such functions.
It shall have necessary
powers to perform such functions.
(2)
Where functions are entrusted to a Janapad Panchayat under sub
section (1), the Janapad Panchayat shall in the discharge of those functions,
act as an agent of the State Government.
(3)
There shall
paid by the State Government to the Janapad Panch
ayat such sums as may be deemed necessary for discharging the functions
entrusted to it under this section.
(4)
The Janapad Panchayat shall, for the purposes of discharging the
functions entrusted to it under this section, be under the general control of
the State Government or any other authority appointed by it and shall
comply with such directions as may from time to time be given to it.
52.
Functions of Zila Farisbad.—(1) Subject to the provisions of
this Act and rules made thereunder, it shall be duty of the Zila Panchayat
to
(i) control, coordinate and guide, the Janapad Panchayat and Gram
Panchayat within the district ;
(ii) coordinate and consolidate the Janapad Panchayat plans ;
(iii)
coordinate the demands for grants for special purpose received
from the Janapad Panchayats and forward them to the State
Government ;
(iv)
secure the execution of the plans, projects, schemes or other
works common to two or more Janapad Panchayats in the
district ;
(v)
advice the State Government in the development activities, social
forestry, family welfare of the disabled, destitutes, women, youth
and children and sports :
(vi)
exercise and perform such other powers and functions as the State
Government may, confer on or entrust to it.
(2) The Zila Panchayat shall control and supervise the administration
of District Rural Development Agency within its jurisdiction and all functions
and schemes assigned to the District Rural Development Agency by the Slate
Government shall be i nplememed under the superintendence, direction and
control of Zila Panchayat in accordance with the instructions issued by the
State Government from time to time.
53.
Power of State Government in relation to functions of Panch
ayats.—(1) Notwithstanding anything contained
in the Act the State
Government may, by general or special order, entrust to the Panchayats
preparation of plans and implementation of schemes for economic develop

32

M. P. ACIS AND ORDINANCES

[1994

ment and social justice including those in relation to the matters listed in
Schedule IV.
(2)
The State Government may, by general or special order, add to
any of the functions of Panchayats or withdraw the functions and duties
entrusted to such Pancnayats, when the State Government undertakes the
execution of any of the functions entrusted to Panchayat. The Panchayat
shall not be responsible for such functions so long as the State Government
does not re-entrust shall functions to the Panchayats.

Powers of Panchayats
54.
Powers of Gram Panchayat as to public health facilities and
safety.—Subject to the rules as the State Government may make ^in this
behalf the Gram Panchayat shall have power :—

(i)
to regulate the offensive or dangerous trade ;
(ii) to remove the structures and trees ;
(iiij to maintain the sanitation, conservancy, drainage, water works,
sources of water supply ;
(iv)
to regulate the use of water ;

to regulate slaughter of animals ;
to regulate establishment of workshops, factories and other industrial
units ;
(vii)
to ensure environmental control ; and
(vii)
to carry out such functions as are necessary by or under the
provisions of this Act;
55.
Control of erection of building.—(I) Subject to the provisions of
this section no person shall erect any building or alter or add to any existing
building or reconstruct any building without the permission in writing of the
Gram Panchayat and exeept in accordance with byelaws made in this behalf
under this Act. Permission shall be presumed to have been granted if no
refusal of such permission is communicated by the Gram Panchayat within
forty five days of the receipt of the application.
(v)
(vi)

(2)
If any person erects, alters, adds to or reconstructs any building
without the permission of Gram Panchayat and contrary to any such condi
tions under which permission has been granted the Gram Panchayat may by
written notice direct such person to stop the erection, alteration, addition or
reconstruction and to alter or demolish such erection, alteration, addition or
reconstruction, as it may deem necessary in the public interest within a period
specified in notice.
(3)
If any person fails to comply with the directions contained in the
notice served under sub-section (2) by the Gram Panchayat within the period
specified in such notice, the Gram Panchayat may, if self take such action as
required to be done by such persons at the expense of such person which
shall be paid by him within thirty days from the date on which a demand
notice has been served by the Gram Panchayat. On failure to pay the
expenses within specified period, the same shall be recovered as an arrear of
land revenue.
(4)
An appeal may be preferred to the prescribed authoiity from any
direction or notice of the Gram Panchayat under sub-section (2) and
the decision of the prescribed authority on such appeal shall be
final.

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33

56.
Hindrances obstructions and encroachment upon public street and
open sites — (!) Whoever within the Gram Panchayat area causes any
hindrance, obstruction or encroachment over any public street or open site or
upon any drain in such street—

by building or setting up any wall, fence, rail, post, stall, verandah,
platform, plinth, step or any other structure ; or
without written permission of the Gram Panchayat or contrary to
the conditions mentioned in such permission by putting up any
verandah, balcony, room or other structure so as to project over any
public street or upon any drain in such street; or
(c)
by unauthorisedly removing earth, sand or other material from any
site ; or

(a)

(b)

Cd) by unautho-'sedly cultivating and grazing or other land,
may be punished with fine, which may extend to two hundred fifty rupees
and in case of continuing offence with further fine which may extend to live
rupees for every day during which such encroachment, obstructions or
projection continues after the date of first conviction for such offence.
(2)
Notwithstanding anything contained in sub-sectiou (I), the Gram
Panchayat shall have power to remove any such obstruction o: encroachment
and to remove any crop usaulhorisedly cultivated on grazing or any other
land not being private property and shall have the like power to remove any
unauthorised obstruction or encioachment or projection of the like nature in
any open site not being private property, whether such site is vested in Gram
Panchayat or not and the expenses of such removal shall be paid by the
person who has caused the said encroachment and on failure to pay such
expenses the same may be recovered from such person as an arrear of land
revenue :

Provided that notwithstanding anything contained in sub-section (1)
and this sub-section, the G-am Panchayat shall before taking action regarding
hindrances, obstruction or encroachment obtain the permission of the
Collector or any officer authorised by him in this behalf, in the site over which
such hindrance, obstruction or encroachment is made is vested in the State
Government.
(3)
Notwithstanding anything contained in this section the Gram
Panchayat may allow any temporary occupation or erection in or putting
projection over any public place for not exceeding ten days in such manner so
as not to cause inconvenience to the public or any individual, on occasions of
festivals and ceremonies in accordance with the byelaws made under this Act.

(4)
The Gram Panchayat shall not pass any order in the exercise of
powers under this sej'ion.until the person concerned has been given a reason
able opportunity of being beard.

57.
Powers to name streets and number of building. —The. Gram Pancha
yat may cause a name given to any street and may also cause 1 number to be
affixed to any building an.i fro-n time to time, cause such name of streets
and number of buildings to be altered.
58.
Regulation of markets or melas. —(I) Save as piovided in the
Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (No 24 of 1973), no
person except Gram Panchayat shall within the Gram Panchayat area set. up
establish or use any place for the purpose of a market or a meta :

34

M. P. ACTS AND ORDINANCES

[1994

Provided that the State Government, may by n rtification, declare any
market or mela to be public market of public mela and the public market or
public mela, as the case may be, so declared shall vest in thcJanapad
Panchayat.

(2)
The State Government may make rules to regulate the market or the
mela specified in sub-section (1).

59.
Powers of Janapad Panchayat to turn, divert discontinue or close
roads.—A Janapad Panchayat may, with the sanction of the prescribed
authority, turn, divert, discontinue or permanently close any road which is
under the control and administration of, or is vested in the Janapad Panch
ayat.
60.
Encroachments upon road and land vested in Janapad Panchayat.—
(1)
Whoever erects or encroaches or obstructs any road, street, land, building,
or structure which vest in the Janapad Panchayat shall on conviction be
punished with a fine, which aay extend to two hundred and fifty rupees.
(2)
The Chief Executive Officer shall have power to remove any such
obstruction or encroachment and the expenses of such removal shall be paid
by the person who has caused the said obstruction or cncioachment and on
his failure to pay, the same shall be recoverable as an arrear of land revenue :
Provided that before proceeding to remove any such obstruction or
encroachment, the Chief Executive Officer may, by a written notice, call upon
the person who has caused such obstruction or encroachment to remove it
within the time specified in the notice, or show cause as to why the same
should not be removed.
(3)
Nothing in this section shall prevent a Janapad Panchayat from
allowing any temporary occupation of erection on the places mentioned in sub
section (I) on occasions of festivalsand ceremonies for such period as it may
deem fit, in such manner so as not to cause inconvenience to the oublic or
any individual.
61
Powers to compromise.—A Panchayat may, with the previous sanc
tions of the prescribed authority, compromise any suit instituted by or
against, it or any claim or demand arising out of any contract entered into
it under this Act on such terms as it may deem fit.

CHAPTER VII
Fund and Property of Panchayat

62.
State Government may vest certain property in Panchayat.—(I) The
State Government may, by notification and subject to such conditions and
restrictions as it may think fit to impose, vest in a Gram Panchayat, Janapad
Panchayat or Zila Panchayat as the case may be. any property vested in the
State Government.
(2) The State Government may, resume any prbperty vested in the
Panchayat under sub-section (1). No compensation other
than the
amount paid bv the Panchayat for such transfer or the market value at the
date of resumption of any building or works erected or executed on such
property by the Panchayat shall be payable :

Provided that no compensation shall be payable in respect of building,
structure or works constructed or erected in contravention of the terms and
conditions of the vesting.
63.
Assignment of funds to the Panchayat.—The State Government may
assign to a panchayat such taxes, tolls and fees levied and collected by the

PART IV]

THB MADHYA PRADESH PANCHAYAT RAJ ADHINtYAM, 1993

35

State Go.ernment and may make grant-in-aid from the consolidated fund of
the State for such purposes and subject to such conditions and limits as the
State Government may deem fit.

64.
Grant-in-aid to Panchayat. -The State Government shall make
grant-in-aid to the panchayats as may be decided on the basis of recommen
dations of the State Finance Commission.
65.
Transfer of immovable property.—(I) No immovable property
vested in or belonging to a Panchayat shall be transferred by sale, gift,
mortgage or exchange or bv lease for a period exceeding three years, or
otherwise except with the sanction of the State Government or any officer
authorised by it in this behalf.
(2)
The procedure of transfer of immovable property shall be such as
may be prescribed.

66.
Panchayat fund —(I) Every Panchayat shall establish a fund to be
called the Panchayat Fund and all sums received by the Panchayat, shall form
part of the said Fund.
(2) Subject to the provisions of this Act and the r lies made thereunder,
all property vested in the Panchayat and the Panchayat Fund shall be applied
for the purposes of this Act or for other purposes connected with activities
for the development of Panchayat generally or for such other expenses as the
State Government may approve on an application of Panchayat or otherwise
in the public interest. The Panchayat Fund shall be kept in the nearest
Government Treasury or Sub-Treasury or Post Office or Cooperative Bank or
Scheduled Bank or its branch.
(3)
An amount allotted to the Panchayat by the State Government or
any other person or local aulhority for any specified work or purpose shall
be utilised exclusively for such work or purposes and in accordance with such
instructions as the State Government may either generally or specially issue
in this behalf.
(4)
The amount from the Gram Panchyat Fund shall be withdrawn
only under the joint signature of the Secretary of Gram Panchyat and Sarpanch or any other Panch of the Gram Panchayat authorised by the Gram
Panchayat.
(5)
The amount from the Janapad Panchayat Fund shall be withdrawn
only under the joint signature of the Chief Executive Officer of the Panchayat
and President or any other member of the Janapad Panchayat authorised by
the Janapad Panchayat
(6)
The amount from the Zila Panchayat Fund shall be withdrawn only
under the joint signature of the Secretary of the Zila Panchayat and President
or any other member of the Zila Panchayat authorised by the Zila Panchayat.
67.
Mode of executing contract.—The mode of the ex.cuting the
contracts by the Panchayats shall be such as may be prescribed.
68.
Powers to make grant-in aid —Subject to the previous sanction of
the State Government of the prescribed authority the Panchayat may make
grant-in-aid for any work of public utility.
CHAPTER VIII
Establishment, Budget and Accounts of Panchayats
69.
Appointment of Secretary and Chief Executive Officer—(:) The
State Government or the prescribed authority may appoint a Secretary for a
Gram Panchayat or group of two or more Gram Panchayats :

36

M. P. ACTS AND ORDINANCE

[1994

Provided that the person holding the charge of a Secretary of Gram
Panchayat immediately, before the commencement of this Act shall continue
to function as such till a Secretary is appointed in accordance with this
section.
(2) Every Janapad.Panchayat shall have a Chief Executive Officer who
shall be appointed by the State Government.
(3)
Every Zila Panchayat shall have a Secretary who shall be appointed
by the State Government.
(4)
During the absence of a Secretary of Gram Panchayat or Chief
Executive Officer of Janapad Panchayat or Secretary of Zila Panchayat due
to leave, retirement, death, resignation or otherwise the prescribed authority
shall, as soon as possible, make such arrangements as he deems fit, for
carrying on the office of Secretary of Gram Panchayat or Chief Executive
Officer of Janapad Panchayat or Secretary of Zila Panchayat as the case may
be. A person while carrying on such office shall exercise all powers conferred
by this Act or rules made thereunder on the Secretary of Gram Panchayat or
Chief Executive Officer of Janapad Panchayat or Secretary of Zila Panchayats
as the case may be.
(5)
The Secretary of the Gram Panchayat, the Chief Executive Officer
of the Janapad Panchayat and the Secretary of the Zila Pancbyat .shall be
responsible for keeping and maintaining the records of the Gram Panchayat,
Janapad Panchayat or Zila Panchayat as the case may be.
70.
other officers and servants of Panchayat.—(1) Subject to the pro
visions of Section 69 every Panchayat may with previous approval of prescribed
authority appoint such other officers and servants as it considers necessary
for the efficient discharge of its duties.
(2) The qualifications, method of recruitment, salaries, leave, allowance
and other conditions of service including disciplinary matters of such officer
and servants shall be such as may be prescribed.
71.
Deputation of Government servant.—The State Government may
depute to the service of the Panchayat such of its servants as it considers
necessary. The service conditions of such deputed servants shall be such as
may be prescribed, by the State Government from time to time.
72.
Functions of Chief Executive Officer and Secretary.—The functions
of Secretary of a Gram Panchayat Chief Executive Officer of Janapad Pan
chayat and Secretary of Zila Panchayat shall be such as may be prescribed.
73.
Budget and annual Accounts.—(1) Every Panchayat shall prepare
annually in such form and in such manner and by such date, as may be pres
cribed, budget estimates, of its receipts and expenditure for the next financial
year.
(2) The budget estimates prepared under sub-section (1) shall be
approved by such authorities and in such manner as may be prescribed.—
(3)
The annual accounts and report of administration by Panchayats
shall be presented to the prescribed authority in the prescribed manner.
CHAPTER IX
Taxation and Recovery of Claims
74.
Levy of cesses on Land.—(1) There shall be levied for each revenue
year a cess on every tenure holder and Government Lessee in respect of the
Land held by him in the Gram Panchayat area at the rate of fifty paise per
rupee or part thereof exceeding fifty paise on the Land Revenue or rent
assessed on such Land.

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THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

37

(2) The cess levied under sub-section (1) and sub-section (3) of Section
77 shall be in addition to the land revenue or rent or any other cess or tax
payable to the State Government on such Land under the Madhya Pradesh .
Land Revenue Code, 1959 (No. 20 of 1959) or under any other enactment for
the time being in force and shall be payable in the same manner as land
revenue.

Explanation —In this section expressions ‘tenure holder’ Government
‘Lessee’ ‘land revenue’ and ‘rent’ shall have the meaning assigned to these
expressions in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of
1959).

75.
Duty on transfer of property within block.—The duty imposed under
the Indian Stamp Act, 1899 (No. 2 of 1899), on instrument relating to sale,
gift [or mortgage] of immovable property situated within the block be in
creased by one percent on the value of such property or in the case of mort
gage on the amount secured by the instrument.
76.
Disbursement of cess and stamp duty among Janapad Panchayats
and Gram Panchayat.—(1) The proceeds of the cess under sub-section (1) of
Section 74 development tax under sub-section (3) of Section 77 and of the
extra stamp duty under section 75 shall first be credited to the Consolidated
Fund of the State in such manner as may be prescribed and the State
Government shall at the commencement of each financial year if the Legis
lative Assembly by appropriation made by law in this behalf so provides,
withdraw from the Consolidated Fund of the State an amount equivalent to
the proceeds of the cess and development tax realised by the State Govern
ment in the preceding financial year and place the same to the credit of
separate fund to be called the Madhya Pradesh Panchayat Raj Fund herein
after referred in this section as the said fund.
(2) The State Government shall also credit to said fund an amount
equivalent to the Land Revenue collected during the preceding financial year.
(3)
Any sum credited into the said fund under sub-sections (1) and (2)
shall be an expenditure charged on the consolidated fund of the State of
Madhya Pradesh.
(4)
From and out of the said fund, there shall be paid every year subject
to such rules as may be made in this behalf, a grant-in-aid,—
(a)
to all Panchayat, from and out of the amount of the fund pertaining
to land revenue ;

(b)

to all Janapad.. Panchayats. from and out of the amount in the fund
pertaining to extra stamp duty ;

to Janapad Panchayats and Gram Panchayat from and out of the
amount in the fund pertaining to cess realised under sub-section (1)
of Section 74 ;
.
(d)
to the concerned Janapad Panchayat and Gram Panchayat within
that Janapad Panchayat from and out of the amount in the fund
pertaining to tax realised under sub-section (3) of Section 77, in
such proportion and manner as may be prescribed.
77.
Other taxes .—(1) Suoject to the provisions of this Act and to
such conditions and exceptions, as may be prescribed every Gram Panchayat
and Janapad Panchayat shall impose the taxes specified in Schedule I.
(2) With the previous approval of the Janapad' Panchayat a Gram
Panchayat and with the previous approval of the Zila Panchayat a Janapad
Panchayat may impose any of the taxes specified in the Scheduled II.
(c)

M. P. ACTS AND ORDINANCES

[1994

(3)
A Janapad Panchayat may levy development tax on agriculture land.
The tax so levied shall be payable in ihc same manner as land revenue.

78.
Power of state Government to regulate taxes.—(1) The State Govern
ment may make rules to regulate the imposition, assessment, collection and
sharing of taxes under Section 77.
(2) No objections shall be taken to any nssssment nor shall be the
liability of any person to be assessed or taxed be questioned otherwise than in
accordance with the provisions of this Act or the rules made thereunder

79.
Appeal against taxation.—An appeal against any tax, imposed
under section 77 may be.prrferred to the prescribed authority in such manner
aud within such time as may be prescribed and the decision of such authority
shall be final.
80.
Leases of market fee, etc.—The Panchayat may by public auction
in the prescribed manner, lease the collection of any fee specified in Sche
dule III.
81.
Recovery of arrears.—Any arrear of tax, or fee and fines imposed,
or any amount due under this Act shall be recoverable by the Collector as if
it were an arrear of land revenue.
82.
Penalty for evasion.—Any person evading the payment of any, tax
fee, rate or any amount due shall be punishable with fine which may extend to
fifty rupees
83.
Power of State Government in regard to relief in taxes —(I) If on a
complaint made to it or otherwise it appears to the State Government that
any tax imposed by a Panchayat is excessive in its incidence on tax payer it
may, after calling a report from the Panchayat in this regard, abolish any tax
or suspend or reduce the amount or rate of any tax.
(2) The State Government may, on its own motion or otherwise after
giving the Panchayat an opportunity of expressing its view in the matter, by
order exempt from the payment of any tax in whole or in part any person or
class of persons or any property or description of properties subject to such
conditions as may be specified in such order.
■;

CHAPTER X
Control

84.
Inspection of works of Panchayats.—(1) The officer of the State
Government duly authorised by the State Government in this behalf may,
subject to such terms as may be prescribed, inspect the proceedings of a
Panchayat.
(2) The officers authorised under sub-section (1) shall, for the inspection
of the Panchayats, exercise such powers as may be prescribed.
(3)
The office bearers, and the officersand servants of the Panchayat
shall be bound to afford access to all such information and records as may be
demanded by the inspecting authority.
85.
Power to suspend execuation of orders, etc.—(1) The State Govern
ment or the prescribed authority may by an order in writing and for reasons
to be stated therein suspend the execution of any resolution passed, order
issued, licence or permission granted or prohibit the performance of any act
by a Panchayat, if in bis opinion,—
(?) such resolution, order, licence, permission or act has not been
legally passed, issued, granted or authorised ;

I

1
s
e
Pi
at
so •
at

so
ao
et|
the
its

of
pn
pa
oil
to
the
it i
coi

opi
Th
of
aof
the
Pai

con

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

39

(b) such resolution, order, licence, permission or act is in excess
of the powers conferred by this Act or is contrary to any
law ; or
(c)

the execution of such resolution or order, or the continuance in
force of such licence or permission or the doing of such act is
likely—
to cause loss, waste or misapplication of any money or damage
to any property vested in the Pancbayat;
to be prejudicial to the public health, safety or convenience ;
(iii)
to cause injury or annoyance to the public or any class or body
of persons ; or

(i)

(ii)

(tv) to lead to a breach of peace.
(2) Whenever an order is made by the prescribed authority under sub
section (1), it shall forthwith and in no case later than ten days from the date
of order, forward to the State Government a copy of the order with the State
ment of the reasons for making it. and the State Government may confirm,
set aside or modify such order as it may deem fit.
87. Power of State Government to issue order directing Pancbayat for
execution of works in certain cases —(1) The State Government or the
prescribed authority may, by Older in writing, direct any Pancbayat to execute
any such work as is not being executed by it and the execution thereof by
such Pancbayat is, in the opinion of the State Government or prescribed
authority, necessary in public interest.
(2) The Panchayat shall be bound to comply with direction issued under
sub-section (1) and if it fails to do so the State Government or the prescribed
authority shall have all necessary powers to get the work executed at the
expenses of the Pancbayat and in exercising such powers it shall be entitled to
the same Protection and the same extent under this Act as the Panchayat or
its officers or servants whose powers arc exercised.

87. Power of State Government to dissolve Panchayat for default, abuse
of Powers etc.—(1) If at anytime it appears to the State Government or the
prescribed authority that a Panchayat is presistantly making default in the
performance of the duties imposed on it by or under this Act or under any
other law for the time being in force, or exceeds or abuses its powers or fails
to carry out any order of the State Government of the competent authority,
the State Government or the prescribed authority, may after such enquiry as
it may deem fit, by an order dissolve such Panchayat and may order a fresh
constitution thereof.
(2) No order under sub-section (1) shall be passed unless reasonable
opportunity has been given to the Panchayat for furnishing its explanation.
The notice calling explanation shall be addressed to the Sarpanch or Piesident
of Gram Panchayat, Janapad Panchayat or Zila Panchayat as the case may be,
and shall be served according to the provisions of Section 119. The reply of
the Panchayat to the notice shall be supported by the resolution ot the
Panchayat.
(3)
On dissolution of Panchayat under sub-section (1), the following
consequences shall ensue, namely :—
(a) all the office-bearers, shall vacate their offices with effect from the
date of such order ;
(b) all powers and duties of the Panchayat shall, until the Panchayat is
reconstituted, be exercised and performed by such person or com-

40

M P. ACTS AND ORDINANCES

[1994

mittce of persons as the State Government or the prescribed autho
rity may appoint in this behalf and where a committee of persons
is so appointed, the State Government or the prescribed authority
shall also appoint a head of such committee ;

(c) where a committee is appointed under clause (b) .any member of
such committee duly authorised by it may issue or institute or
defend any action at law on behalf of by or against the Panchayat.
(4)
Any person appointed to exercise and perform the powers and duties
of a Panchayat during the period of dissolution may receive from the fund of
the Panchayat concerned such payment for his service as the State Govern
ment may, by order, determine.
i
(5)
A Panchayat dissolved under sub-section (1) shall be reconstituted
in accordance with the provisions of this Act within six months of its dissolu
tion. Such I'cconstituted Panchayat shall function for the remaining term of
the Panchayat :
Provided that if the unexpired period is less than six months the
reconstitution of the Panchayat shall be done for this period.
88 Inquiry into affairs of Panchayat.—The State Government may,
from time to time, cause an inquiry to be made by any of its officers in regard
to any Panchayat on matters concerning it or to any matter with respect to
which the sanction, approval, consent or order of the State Government is
required by or under this Act or the rules made thereunder or under any law ■
for the time being in force.

89.
Liability of Panel) etc. for loss, mis-appropriation.—(1) Every Panch,
member, office-bearer, officer or servant of Panchayat shall be personally liable
for loss, waste or misapplication of any money or other property of the
Panchayat to which he has been a party or which has been caused by him by
misconduct or gross neglect of his duties. The amount required for reimbur
sing such loss, waste, or misapplication shall be recovered by the prescribed
authority :

Provided that no recovery shall be made under this section unless the
person concerned has been given a reasonable opportunity of being
heard.
(2)
If the person concerned fails to pay the amount, such amount
shall be recovered as arrears of land revenue and credited to the funds of the
Panchayat concerned.
90.
Disputes between Panchayat and other local authorities.—(1) In the
event of any dispute arising between two or more' Panchayats or Panchayat
and any other local authority in any matter in which they are jointly interested
such dispute shall be referred to the State Government and the decision of
the State Government thereon shall be final :
Provided that if the dispute is between a Panchayat and a Cantonment
Board the decision of the State Government shall be subject to approval of
the Central Government.
(2) The State Government, may, by rules made under ths Act, regulate
the relations between Panchayats and Panchayat and other local authorities in
matter in which they are jointly inserted.

91.
Appeal and revision.—An appeal or revision against the orders or
proceedings of a Panchayat and other authorities undei this Act, shall lie to
such authority and in such manner as may be prescribed.

PARI- IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

41

92.
Power to recover records articles and money.—(1) Where the
prescribed authority is of the opinion that any person has unauthorisedly in
bis custody any record or article or money belonging to the Panchayat, he
may, by a written order, require that the record of article or money be
delivered or paid forthwith to the Panchayat. in the presence of such officer
as may be appointed by the prescribed authority in this behalf.
(2) If any person fails.or refuses to deliver the record or article or pay
the money as directed under sub-section (1), the prescribed authority may
cause him to be apprehended and may s.nd him with a warrant in such form
as may be prescribed, to be confined in a Civil Jail for a period not longer
than thirty days.
(2) The prescribed authority may —

for recovering any such money direct that such money be recovered
as an arrear of land revenue ; and
for recovering any such record or articles issue a search warrant
and exercise all such powers with respect thereto as may lawfully be
exercised by a Magistrate under the provisions of Chapter Vll of
the Code Criminal Procedure, 1973 (No 2 of 1974).
(4)
No action under sub-section (I) or (2) or (3) shall be taken unless a
reasonable opportunity hgs been given to the person concerned to show cause
why such action should not be taken against him.
(a)

'

(b)

(5)
A person against whom an action is taken under this section shall
be disqualified to be member of any panchayat for a period of five years com
mencing from the initiation of such action.
93.
Delegation of powers.—(1) The Slate Government, may by noti
fication, delegate to or confer on any officer subordinate to it or to any
Panchayat all or any of the powers conferred upon it by or under this Act,
except the powers relating to framing of rules.

(2 The powers delegated under sub-section (1) shall be exercised in
accordance with the general or special order issued by the State Government
in this behalf.
(3) The State Government may by notification prescribe various autho
rities under this Act.
94.
Genera) power of control —In all matters connected with this Act
or the rules made thereunder all officers empowered to act by or under this
Act shall be subject to the same control by the same authority under whose
administrative control they normally perform the functions of their
office.

CHAPTER XI
Rules and Byelaws
95.
Power to make rules.—(1) The State Government may make rules
for carrying out the purposes of this Act.
<2) In particular and without prejudice to the generality of the fore
going powers, such rules may provide for all or any of the -matters which
under any provisions of this Act, are required to be prescribed or to be
provided for by rules

(3) All
publication

(4)

rules

shall

be

subject

to

the

condition

of

previous

All rules shall be laid on the table of Legislative Assembly..

42

M. P. ACTS AND ORDINANCES

[1994

(5)
In making any rule, the State Government may direct that a breach
thereof shall be punishable with fine which may extend to two hundred
fifty rupees and in case of continuing breach with a further fine which may
extend to five rupees for every day during which the breach continues after
the first conviction.

96.
Byelaws.—(1) A panchayat may make byelawsconsistent with this
Act and rules made thereunder.
(2) In making byelaws under sub-section (1) the Panchayat may direct
that a breach thereof shall be punishable with a fine which may extend to
two hundred fifty rupees' and in the case of the continuing breach with a
further fine which may extend to five rupees for every day during which the
breach continues after the first conviction.

(3) A byelaw’shall not come into force until it has been confirmed by
the prescribed authority.

(4)
The manner of making byelaws and their approval shall be such as
may be prescribed.
97.
Model byelaws.—(1) The State Government may from time to time
make model byelaws for the guidance of Panchayat.

(2) The State Government may direct panchayat to adopt a model
byelaw after modifying the same to suit the local conditions.
(3) If the Panchayat fails to comply with a direction under sub-section
(2) within six months the State Government may apply to such panchayat
such model byelaws.
(4)
The provisions of sub-section (4) of Section 96 shall apply to the
adoptions or application of byelaws under this section.

CHAPTER XII
Penalty

98.
Penally for acting a> Punch, Member, Sarpanch, Up-Sarpanch,
President, Vice-President when disqualified.—(1) Whosoever acts as a panch
or member of Panchayat knowing that he is not entitled or has ceased to be
entitled to hold office as such, shall on conviction be punished with a fine
which may extend to fifty rupees for every day on which he sits or votes as
such panch or member.
(2) Whoever acts as sarpanch or Up-Sarpanch, President or Vice-Presi
dent, knowing that he is not entitled or has ceased to be entitled to hold
office as such shall, on conviction, be mnished with a fine which may extend
to one hundred rupees for every day on which he acts or functions as
such.
(3) Any person who after the expiry of his term or resigning from the
offices or removal from the office of Sarpanch, or Up-Sarpanch, President or
Vice-President fails to .handover forthwith any document of, or any money or
other properties vested in’or belonging to the panchayat as rhe case may be
which are in his possession or control, to his successor in office, shall on
conviction, be punished with a fine which may extend to two hundred fifty
rupees.
99.
Penalties for . Interested Members voting.—Whosoever, having
interest in any matter under consideration of a Panchayat votes in that matter

'5*-12.

PART IV]

■!

.—
—irLaicZP':y

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

43

shall, on conviction, be punished with a fine which may extend to two hund
red fifty rupees
100.
Penalty for acquisition by a member, office-bearer or servant of
interest in contract.—If a member or office bearer or servant of Panchayat
knowingly acquires, directly or indirectly any personal share or interest in
any contract or employment with, by or on behalf of a panchayat without the
sanction of or permission of the prescribed authority, he shall be deemed to
have committed an offence under Section 168 of the Indian Penal Code, I860
(XLV of 1860).
i

101.
Wrongful restraint of officers etc.—Any person who prevents any
officer or servant of a panchayat or any person to whom such officer or
servant has, lawfully delegated his powers of entering on or into and any
place, building or land from exercising his lawful powers of entering thereon
or therein, shall be deemed to have committed an offence under Section 341 of
the Indian Penal Code, 1860 (No. XLV of I860).

102.
Prohibit against obstruction of member of Panchayats.—Any person
obstructing any member, office bearer or servant of a Panchayat or any person
with whom a contract has been entered into by or on behalf of a Panchayat
in the discharge of his duties or anything shall on conviction be punished with
a fine which shall extend to two hundred fifty rupees.
103.
Prohibit against removal of obliteration notice.—Any person who
without authority in that behalf removes, destroys, defaces or otherwise
obliterates any notice exhibited or any sign or mark erected by, or under the
order of a Panchayat or any of its officer shall on conviction be punished with
a fine which may extend to fifty rupees

104.
Penalty for not giving informadon or giving false information.—Any
person required by this Act or the rules made thereunder or notice or other
proceedings issued thereunder to furnish any information omits to furnish
such information or ‘ knowingly furnishing wrong information shall on,
conviction be punished with a line which may extend to two hundred fifty
rupees.

105.
Prohibition of bidding.—(1) No member or servant of a Panchayat
or any officer having any duty to perform in connection with the sale of
movable or immovable property under this Act shall directly or indirectly bid
for or acquire interest in any property sold at such sale.
(2) Any person who contravenes the provisions of sub-section (I) shall
on conviction, be punished with fine which may extend to two hundred fifty
rupees and if he is an officer or servant of a Panchayat, he shall also be
liable to be removed from service.

106.
Procedure tc make good the damage to any Panchayat.—If through
any act, neglect or default on account of which any person shall have incurred
any penalty imposed by or under this Act any demage to the property of any
panchayat have been caused by any such person, he shall be liable to make
good such damage, as well as to pay such penalty and the value of the
damage, shall in case of dispute, be determined by the Magistrate, by whom
the person incurring such penalty has been convicted and on non-payment of
such value on demand, the same shall be recoverable as arrears of land
revenue.

44

M. P, ACTS and ordinances

CHAPTER

11994

XIII

■Miscellaneous
107.
Indemnity for acts done in good faith.—No suit shall be maintain
able against any Panchayat or any of its committee or any office bearer,
officer or servant thereof or any person acting under the direction of any
such panchayat, its committc, office bearer, officer or servant in respect of
anything in good faith done or intended to be done under this Act or under
any rules or byelaws made thereunder.
108.
Bar of suit in absence of notice.—(1) No suit shall be instituted
against any panchayat or any office bearer, officer or servant thereof or any
person acting under the direction of any of the authorities, mentioned in this
Act for anything done or purporting to be done under this Act unless a
notice under Section 80 of the Civil Procedure, Code, 1908 (No. V of 1908)
has been duly served.
(2) Every such suit shall be dismissed unless it is instituted within six
months from the date of the accrual of the alleged cause of action.
(3)
Nothing in th,is section shall be deemed to apply to any suit insti
tuted under Section 38 of the Specific Relief Act, 1963 (No. 47 of 1963).
109.
Certain suits against members officers etc to be defended at cost of
Panchayat.—With the previous permission of the Collector suit against any
office bearer, officer or servant of a Panchayat arising out of anything done or
any action taken by him under this Act or the rules or byelaws made there
under, shall be defended by the Panchayat concerned on behalf of such
person and the expense^ incut red on such defence shall be paid out of the
funds of the Panchayat concerned.

110.
Bar of other proceeding in respect of tax etc.—(1) No objection
shall be taken to any valuation, assessment or levy in any manner other than
the manner provided in this Act and the rules made thereunder.
(2) No suit for damages or for specific performance shall be maintain
able against any panchayat or any office bearer, officer or servant thereof,
on the ground that any of the duties specified in this Act have not been
performed.
111.
Members and servants of panchayat to be public servant.—Every
office bearer of Panchayat and every officer or servant thereof shall be deemed
to be public servant within the meaning of Section 21 of the Indian Penal
Code, 1860 (XLV of 1860).
112.
Vacancy or defect in constitution or procedure, etc. not to invalidate
act of Panchayat. - No Act of Panchayat shall be invalid merely by reason
of—
any vacancy in or defect in the constitution thereof; or
any defect in the election, co-option or appointment of a person
acting to be a office bearer, thereof ; or
(c)
any irregularity in its procedure not effecting the merits of tbe
case.
,

(a)
(b)

113.
Acquisition of land —(1) Where any land is required for the purpose
of this Act and 'he Panchayat is unable to acquire it by agreement, the State
Government may at the request of the Panchayat and on the recommendation
of the Callector proceed to acquire it under the provisions of Land Acquisi
tion Act, 1894 (No. 1 of 1 94) and on payment by the Panchayat of compen
sation awarded under that Act, and all other charges incurred by the State

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYaM, 1993

45

Government in connection with the proceedings, the land shall vest in the
Panchayat on whose account it has been so acquired.
(2) The Panchayat shall not without the previous sanction of the State
Government transfer any land which has been acquired under sub-section (1)
or divert such land to a purpose other than the purpose for which it has been
acquired.
114.
Central Government or State Government not to obtain licence or
permission.—Notwithstanding anything contained in this Act or any rules or
byelaws made thereunder the Central Government or State Government shall
not be required to obtain any permission or licence in respect of any property
of such Government or any place in occuption or under the control of such
Government.
115.
Power of Panchayat to borrow money.—Subject to the restrictions
contained in any enactment for the time being in force relating to raising of
loans by local authorities a Panchayat may, with the previous sanction of the
State Government raise a loan for carrying out the purposes of this
Act :
;
Provided that nothing contained in the Local Authorities Loans Act,
1914 (No 2 of 1914) or the Madhya Bharat Local Authorities Loans Act
Samvat. 2007 (1950) (No. 64 of 1950) and rules made under the aforesaid
enactment shall apply in respect of loan taken from the Government or any
other authority constituted under any law for the time being in force and
which is in receipt of a grant from the Slate Government.
116.
Writing off of irrecoverable sums and unuscable material.—The
irrecoverable sums due to panchayats and such material as may not be useful
shall be written off in the prescribed manner.

117.
Prohibition of remuneration to members —No member of a Panch
ayat shall be granted any remuneration or allowance of any kind whatsoever
by the panchayat except in accordance with the rul.- made in' this
behalf.
118.
Records iff Pauchayat open to inspection —Subject to rules made
under this Act and on the pavinent of such fee as may be prescribed the
records of Panchayat or any committee thereof, shall be open to inspection to
such person, as may desire it and certified copies thereof shall be given
to such person as may apply for them on payment of such fee as may be
prescribed.

119.
Method for serving documents, ex.—Save as otherwise provided
in this Act the service of any notice or other documents under this Act or
under any rule, byelaw or order made thereunder shall be effected in the
prescribed manner. —

120.
Entry for purposes of Act, etc.—It shall be lawful for the office
bearers of a Panchayat or officer authorised hv such panchayat in this behalf
to enter in connection with any work relating to the Panchayat between sun
rise and sunset with such assistants as he may deem necessary into and upon
any building or land :
Provided that no building or Lind which may be occupied at the time
shall be entered unless a written notice of twenty four hours has bepn given to
the occupants :
Provided further that in the case of building used as human dwelling
due regard shall be paid to the social and religious customs of the
occupiers.

M. P. ACTS AND ORDINANCES

46

(1994

121.
Bar to interference by Courts in electoral matters.—The validity of
any law relating to the delimitation of constituencies or the allotment of scats
in such constituencies, made or purporting to be made under this Act shall
not be called in question in any Court
122.
Election petition.—(I) An election or cooption under this Act
shall be called in question only by a petition presented in the prescribed
manner :—

(i)
(ii)

in case of
(Revenue) ;

Gram

Panchayat

to

the

Sub-Divisional

Officer

in case of Janapad Panchayat to the Collector ; and

in case of Zila Panchayat to the Divisional Commissioner and not
otherwise.
(2) No such petition shall be admitted unless it is presented within thirty
days from the date on which the election or co-option in question (vas
notified.

(iii)

123.
Power to expel person who refuses to pay fee.—When any fee has
been imposed under this Act or the right to collect it has been leased there
under, any person employed by 'he panchayat concerned or any person duly
authorised in this behalf by it or by the lessee to collect such fees, may subject
to the condition of the lease to collect the fee expel from the place for the
use of which a fee is payable, any persons who is liable to pay the fee but
refuse to pay it.

124.
Panchayat in default of owner or occupier may execute work and
recover expenses. — Whenever under the provisions of this Act any work is
required by the owner or occupier of any building or land and default is made
in the execution of such work the panchayat. whether, any penalty is or is
not provided for such default may cause such work to be executed, and the
expenses thereby incurred shall unless otherwise expressly provided in this
Act, be paid to it by the person by whom such work ought to have been
executed and in case of default of payment, it shall be recoverable as arrears
of land revenue.
125.
Changes of head quarters of Gram Panchayat division, amalgamation
and alteration of Panchayat area.—(1) The Governor or the authority autho
rised by him may by order change the headquarters of a Gram Panchayat or
alter, the limits of a Gram Panchayat arc i by including, within it any local
area in the vicinity thereof or by excluding thcreform any local area comprised
therein or amalgamate two or more Gram Panchayat areas and form one
Gram Panchavat area in their place or split up a Gram Panchavat area and
form two or more Gram Panchayat areas in its place :
Provided that no order under this section shall be made unless a pro
posal in this behalf is published for inviting suggestions and objections in such
manner as may be prescribed and objections are considered.

(2) On the issuance of the order under sub-section (I) the Governor or
the prescribed authority shall pass such consequential orders as may be
necessary.
126.
Disestablishment of village —(1) The Governor or the’ authority
authorised by him may, by an order in writing, disestablish a village :

Provided that no such order shall be issued unless a notice of the pro
posal inviting objections from persons likely to be affected thereby by the date

PART IV]

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

47

to be specified therein has been published in the prescribed manner and the
objections received have been considered.
(2) On making of the order under sub-section (1) the Governor or the
authority authorised by him may pass such consequential orders as may be
necessary.
127.
Alteration in limits of Block and Zila Panchayat.—(1) The Governor
may. by.notification, alter the limits of a block by including therein any local
area in the vicinity thereof or by excluding therefrom any local area com
prised therein :
Provided that no such modification shall be issued unless a notice
signifying such intension and inviting objections from persons likely to be
affected by the alteration in the limits of the blocks by the date to be specified
therein has been published in the prescribed manner and the objections
received have been considered.
(2) On the issuance of the notification under sub-section (1) the Govern
ment or the authority authorised by him may pass such consequential orders
as may be necessary.
(3) On the alteration of the limits of a district, the State Government
may pass such consequential orders in respect of Zila Panchayat as may
be necessary.

128.
Management of Government lands.—Any Government- Land
transferred to a Panchayat shall be managed by such panchayat in accor
dance with such rules as the State Government may make in this
behalf.
CHAPTER XIV
Audit
129.
Audit of I'anchilyats. —(1) There shall be a separate and Indepen
dent Audit Organisation under the control of the State Government to
perform audit of accounts of Panchayats.
(2) The Audit Organisation shall consist of such officers and servants,
to be appointed by the State Government, as the State Government may deem
fit from time to time.
(3) The manner of audit of Panchayat accounts, payment of audit fees
and action on such audit reports shall be such as may be prescribed.

CHAPTER XV
Repeal
130.
Repeal and saving. —(1) On and from the date of commencement of
this Act the Madhya Pradesh Panchayat Raj Adhiniyam, 1990 (No. 13 of
1990), shall stand repealed (hereinafter referred to as the repealed Act) :
Provided that the repeal shall not affect :—
(a) the previous operation of the repealed Act or anything duly done
or suffered thereunder, or
(b) any right, privilage, obligation or liability acquired, accrued or
incurred under the repealed Act ; or
(c)
anv penalty, forfeiture of punishment incurred in respect of any
offence committed against the repealed Act ; or
(d)
any investigation, legal proceeding or remedy in respect of any such
right, privilage, obligation, penalty, forfeiture or punishment as
aforesaid and any such investigation, legal pr receding or remedy
m ty be instituted, continued or enforced, and any such penalty,

48

M. I’, AC1S AND <;bdinancbs

11994

forfeiture or punishment may be imposed as if this Act has not
been enforced ;
Provided further that, subject to the proceeding proviso anything done
or any action taken (including any appointment, or delegation
made, notification, notice, order instructipn or direction issued,
rule, regulation, byclaws, from, or scheme framed certificate obtai
ned, permit or licence granted, registration affected, tax imposed or
•ee rate levied), under the repealed Act shall, in so far as it is in
force immediately before the coming into force of this Act and is
not inconsistent with the provisions of this Act be deemed to have
been done or taken under the corresponding provisions of this
Act and shall continue to be inforcc accordingly, unless and
until superseded by anything done or any action taken under this
Act.
■
(2) The arrangement existing for the Gram Panchayat. Janapad
Pancbayat and Zila Parishad under Section 127 of the repealed Act shall
continue, until the corresponding Gram Panchayat, Janapad Panchayat
and Zila Parishad as the case may be, arc constituted under this Act.
(3) The Collector.; shall apportion the assets and liabilities of the
existing Gram Panchayat amongst the corresponding Gram Panchayat, consti
tuted under this Act according to the guideline issued by the State Govern
ment for the purpose.
(4)
The assets and liabilities of existing Janapad Panchayat and Zila
Panchayat shall stand transferred to Janapad Panchayat and Zila parishad
respectively constituted under this Act.
131.
Savings as to existing permanent employees.—l-iotwittistanding
anything contained in this Act o: any rules or byelaws made thereunder the
pay and allowances, pension and retirement benefits of all permanent
officers and servants or other employees of the Panchayat on the date on
which this Act comes into force shall be existing pay and allowances, pension
and ictirement benefits.

132.
Power to remove difficulties.— fl) If any difficulty arises in giving
effect to the provisions of this Act, the State Government may, by order, do
anything not inconsistent with the provisions thereof which appears Ito it
to be necessary or expedient for the purposes of removing the difficulty :
Provided that no such order shall be made under this section after the
expiry of two years from the commencement of this Act.
(2) Every order made under this Section shall be laid on the table of the
Legislative Assembly.

SCHEDULE-I
A.

[Sec sub-section (1) of Section 77]
Obligatory Taxe, to be Imposed by Gram Panchayats

1.
A Property tax on the lands or buildings or both, the capital
value of which including the value of the land is more titan six thousand
rupees other than—
(a) the buildings and lands owned or vested in the Union or State
Government, Gram
Panchayat, Janapad Panchayat or.. Zila
Pancbayat ;
(b) the buildings and lands or portions thereof used exclusively for
religious or. educational purposes including boarding houses.

(1994

PART IV]

local

2.
A tax on private latrines payable by the occupier or owner of the
■buildings to which such latrines are attached when cleaned by Gram Pancha;yat agency.
3.
A light tax, if light arrangements have been made by the Gram
■ Panchayat.

osts

on

5.
Market fees on persons exposing goods for sale in any market or
any place or any building or structure therein belonging to or under the
control of the Gram Panchayat.

1 qualirccruits

'
6. A fees on the registration of cattle sold in any market or in any
j place belonging to or under the control of the Gram Panchayat.

B.

which
rvice

o be
Ktaking

:h the
'ervice
necesasion.

Tax to be imposed by Janapad Panchayat

i
A tax on theatre or theatrical performances and other performances of
i public entertainments.

SCHEDULE-II

i

[See sub-section (2) of Section 77]
A.

’he feed
ect line
ible for
t
on
Zionists
eration
Period
•f depust held
ntment
isation/
rnment
! three
nit for
nation
ransfer
as on
appli-

49

4.
A tax on person, exercising any profession or carrying on any trade
or calling within the limits of Gram Panchayat area.

ervice in
2900 or

Public
Central
nducted
Central
:, 1968
s accepnent as
■ssistant

THE MADHYA PRADESH PANCHAYAT RAJ ADHINIYAM, 1993

|
i

1.

Other Optional Taxes Fees etc. to be imposed by
Gram Panchayats .

A tax on building not covered under item (1; of Schedule-I.

2. A tax on animals used for riding, driving, drought or burden or on
dogs or pigs payable by the owners thereof.
3.
A tax on the bullock-carts, bicycl.’S, rickshaws used for hire within
the limits of Gram Panchayat area.

4.
Fees for the use of sarais, dharmshalas, rest houses, slaughter houses
and encamping grounds.
5.
A water rate where arrangements are made by the Gram Panchayat
! for regular supply of water.

6.
Fees for drainage where system of drainage has been introduced by
the Gram Panchayat.
7.
A tax on persons carrying on the profession of purchaser, agent,
commission agent, weighman, or a measure within the meaning of Madhya
Pradesh Krishi Upaj Mandi Adhiniyam. 1972 (No. 24 of 1973), in the area
of Gram Panchayat excluding the area of Mandi.
8.
A fees payable by the owners of the vehicles other than motor
vehicle, where such vehicles other than the motor vehicles enter the Gram
Panchayat area.

9.
A temporary tax for special works of public utility.
10.
A tax for the construction or maintenance of public latrines and a
general scavenging tax for removal and disposal of refuse.

11.
Fees for bullock-cart stand andjtonga stand.
12.
Fees for temporary structure or any projection over any public place
or temporary occupation thereof.
13.
Fees’,for grazing cattle over the grazing grounds vested in the Gram
Panchayat.

M. P. ACTS AND ORDINANCES

50

[1994

14.
Any other tax, which the State Legislature has power to impose
under the Constitution of India.

B.

Other Optional Taxes to be Imposed by Janpad Panchayat

Fees for any licence or permission granted by the Janapad Panchayat
under the Act or for use and occupation of lands or other properties vested in
or maintained by the Janapad Panchayat.
SCHEDULE-III

(See Section 80)
Lease of Collection of Fees by Gram Panchayats
1.
A fees on persons exposing goods for sale in any market or any
place belonging to.or under the control of Gram Panchayat or for the use of
any building or structure therein.
2.
A fees on the registration of cattle sold in any market or place
belonging to it under the control of the Gram Panchayat.
3.
A fee for the use of sarais, dharmcshalas, rest houses, slaughter
houses and encamping grounds.
4.

A fee for bullock-cart stand or tonga stand.'

5.
A fee for grazing cattle over the grazing grounds vested in Gram
Panchayat.
6.
Any other fees imposed by Janapad Panchayat.
SCHEDDLE-IV

[Sec sub-section (1) of Section 53)
1.

Agriculture, including agricultural extension.

2.
3.

Lan'd improvement and soil conservation.
Minor irrigation, wa'er management and watershed development.

4.

Animal husbandry, dairying and poultry.

5.
6.

Fisheries.
Social Forestry and farm forestry.

7.

Minor forest produce.

8.

Small scale industries, including food processing industries.

9.
10.

Khadi Village and Cottage Industries.
Rural Housing.

11.

Drinking water.

12.

Fuel and fodder.

13.

Roads, culverts, bridges, ferries, waterways and other means of
communication.

14.

Rural electrification, including distribution of electricity.

15.

Non-conventional energy sources.

16.
17.

Poverty allevation programme.
Education, including primary and secondary schools.

PART IV]

18.
19.

THE MADHYA PRADESH APPROPRIATION ACT, 19 ’4

51

Technical training and vocational education.
Adult and non-fornial education.

20.

Libraries.

21.
22.

Cultural activities. '
Market and fairs.

23.

Health and sanitation, including hospitals, primary health centres
and dispensaries.

24.

Family welfare.

25.

Women and Child development.

26.

Social Welfare, including welfare of the handicapped and mentally
retarded.
Welfare of the weaker sections, and in particular of the Scheduled
Castes and Scheduled Tribes.

27.
28.
29.

Public distribution system.
Maintenance of community assets.
NOTES

Statement of Objects and Reasons.—By the Constitution (73rd Amend
ment) Act, 1972 certain important provisions about the Panchayat Raj system
have been incorporated as part IX in the Constitution. Article 243-N lays
down that any provision of any law relating to Panchayats in force in a State
immediately before the commencement of the said Act which is inconsistent
with the provisions of Part IX shall continue to be in force until amended or
repealed by a competent Legislature.
2.
Opportunity is being taken to make adequate provisions for repre
sentation of Scheduled Castes, Scheduled Tribes, other Backward Classes and
Women in order to develop local leadership and involve these classes in the
democratic process as also to involve the Panchayat Raj Institutions effectively
in the local administration in developmental activities.

3.
This requires drastic amendment in the existing Act.
4.
Therefore it is proposed to replace the Madhya Pradesh Panchayat
Raj Adhiniyam, 1990 (No. 13 of 1990) by making a fresh Legislation.
5.
Hence this Bill.________ ____________________________ ——
THE MADHYA PRADESjtfxAPPROPRIATION ACT, 1993
[Received
first published ii
25th January, IS
An Act to
from and out of
services of the F

assent
led the

Be it enact
Year of the Ref

-fourth

priation

'Published in M. P. Rajpilra (A j Uturai), cbtcJ 25-1-91 Paga 55(4).

sums
r the

74

M. P. ACTS AND ORDINANCES

[1994

40>
Act, the f
“84-

Co-opcrativczHousing Federation for recovery bfarrears of its
dues, the R<fgistrai\may, after making such enquirw^xhe deems fit,
grant a^edrtificate foKthe recovery of the amoun/stateebaherein to
be dup'as an arrear. X.
/
(2) The certificate granted by rhe Registrar shall be final and cortclusive proof of the arrears stated therein,/And the same shall bb\
/recoverable as arrears of land revenue. /

M.
on^fted.

Omission of section 91.—Section 9 Pofthe Principal Act, shall be

THE MADHYA PRADESH PANCHAYAT RAJ (SANSHODHAN)
ADHYADESH, 1994
____________________________ No. 3 of 1994*________________________
TABLE OF CONTENTS
Sections :
Sections :
1. Short title. .
17. Amendment of section 29.
2. Madhya Pradesh Act No. 1
18. Omission of section 31.
of 1991 to be
temporarily 19. Amendment of section 32.
amended
20. Amendment of section 34.
3. Amendment of section 2.
21. Amendment of section 36.
22. Amendment of section 38.
4. Amendment of section 10
23. Amendment of section 39.
5. Amendment of section 13.
24. Amendment of section 40.
6. Amendment of section 14.
25. Amendment of section 43.
7. Omission ofscction. 16.
26. Amendment of section 44.
8. Amendment of section 17.
27. Amendment of section 47.
9. Amendment of section 18
'28. Amendment of section 52.
10. Substitution of new section
29. Amendment of section 66.
station 19.
11. Amendment of section 20
30. Amendment of section 69.
31. Amendment of section 72.
12. Amendment of section 122.
32.
Amendment of section 9 2.
13. Amendment of section 23.
14. Omission of scction 24.
33. Amendment of section 98.
15. Amendment of section 25.
?4
Amendment of section i22.
16. Amendment cf section 27.
35. Amendment of section 130.

[First published in the “Madhya Pradesh Gazette (Extraordinary)” dated
the 30th May, 1994.]

Promulgated by the Governor in the Forty-fifth year of the Republic
of India.
An Ordinance to amend the Madhya Pradesh Panchayat Raj Adhiniyara,
1993.
Whereas the Slate Legislature is not in session and the Governor of
Madhya Pradesh is satisfied that circumstances exist which render it necessary
for him to take immediate action ;
Now, therefore, in exercise of the powers conferred by clause (1) of
Article 213 of the Constitution of India, the Governor of Madhya Pradesh it
pleased to promulgate the following Ordinance : —
•Published in M. P. Rajpatra (Asadbarau), dated 30-5-94 Pages 508(7-14).

PARI IV]

THE M. P. PANCHAY.VI RAJ (SANSHODHAN) ADHYADESH, 1994

75

1.
Short title.—This Ordinance may be called the Madhya Pradesh
Pancbayat Raj (Sanshodhan) Adhyadesh, 1994.
2.
Madhya Pradesh Act No. 1 of 1974 to be temporarily amended.—
During the period of operation of this Ordinance, the Madhya Pradesh uanchayat Raj Adhiniyam, 199'3' (No, 1 of 1994) (hereinafter referred to as the
Principal Act), shall have effect subject to the amendments specified in
Sections 3 to 35.

3.
Amendment of section 2—In Section 2 of the Principal Act, for
clause (iv) and (v) the following clauses shall be substituted, namely :—
“(iv) “Election” means an election to fill a seat or seats in Panchayat
and includes election of Sarpanch of Grain Panchayat.
(v) "Election Proceedings” means the proceedings commencing from
the issue of the notice for election and ending with the declaration
of results of such election.”.
4.
Amendment of section 10.—For the proviso to section 10 of the
Principal Act, the following proviso shall be substituted.

“Provided that every Municipal Corporation, Municipal Council or
Nagar Panchayat constituted under the relevant law for the time
being in force shall form a separate administrative unit for the area
within its jurisdiction."
5.
Amendment of section 13 —In Section 13 of the Principal Act,—
for sub-section (1), the following sub-section shall be substituted,
namely
“(1) Every Gram Panchayat shall consist of elected Panchas and a
Sarpanch”.
(ii)
for sub-section (2), the following sub-section shall be substituted,
namely:—
(i)

n

.-

“(2) If any village or ward fails to elect a Sarpanch or as the caso
may be, a Panch, fresh election proceedings shall be commen
ced to fill the seat in such village or as the case may be, such
ward within six months :
Provided that pending the election of Sarpanch under this sub
section, elected panchas shall subject to the provisions of sub
sections (2), (3) and (4) of Section 17, in the first meeting
under section 20 elect a Sarpanch from amongst themselves
who shall discharge all the functions of Sarpanch under the
Act till a Sarpanch elected under this sub-section enters upon
the office :
Provided further that further proceedings for constituting the G am
Panchayat shall not be stayed pending the election of Panch in
accordance with this sub-section :
Provided also that if any village or ward again fails to elect a Sar
panch or as the case may be, a Panch. fresh election proceedings
shall not be commenced in such village or as the case may be
in such ward unless the .State Election Commission is satisfied
that there is likelihood of the village or as the case may be a
ward electing- a ' Sarpanch or a Panch; and in case the Com
mission decides not to hold fresh election of Sarpanch, the
Sarpanch elected under the first proviso shall continue to
discharge all the functions of Sarpanch under the Act.”

M. P. ACTS AND ORDINANCES

76

[1994

(iii)
Sub-section (3) shall be omitted.
(iv)
second proviso to sub-section (6) shall be omitted.
(v)
sub-section (7) shall be omitted.
6.
Amendment of section 14.--Io sub-section (2) of Section 14 of the
Principal Act, for the words “elected or coopted, as the case may be” the
words "elected” shall be substituted and the. word “Gram” shall be omitted.
Omission of section 16.—Section 16 of the Principal

7.
omitted.

Act shall be

8.
Amendment of section 17.—For sub-section (5) of Section >7 of the
Princpial Act, the following sub-section shall be substituted, namely :—

9.

“(5) The Prescribed Authority shall, as soon as may be after every
election cal! a meeting of the elected panchas and Sarpanch
for the purpose of election of Up-Sarpanch and subject to the
provisions of sub-section (7) the Gram Panchayat shall, in the
meeting, so called elect from amongst its elected members an
Up-sarpanch.”.
Amendment of section 18.—In Section 18 of the Principal Act,—

(i)

for sub-section (1), the following sub-section shall be substituted,
namely :—

“(1) The newly elected Sarpanch shall be deemed to have assumed
the charge of the office with effect from the date of first
meeting as provided in Section 20.”.
(ii)
in Sub-section (2), for the words bracket and figure “in accordance
with sub-section (1)” the words "to the newly elected Sarpanch”
shall be substituted.
10.
Substitution of new section for section 19.—For Section 19 of
the Principal Act, the following Section shall be substituted, namely :—
Notification of Election.—Every election of Sarpanch Up-sarpanch
and Panchas shall be published by the prescribed authority in such
manner as may be prescribed.”
11.
Amendment of section 20. —For clause (1) of the proviso to sub
section (2) of Section 20 of the Principal Act, the following clause shall be
substituted, namely :—

“19.

“(i) on his ceasing to be a voter of the Gram Panchayat area ; or”

12 Amendment of section 22. —In Section 22 of the Principal Act,—
(i)
clause (ii) of sub-section (1) shall be omitted.
(ii)
sub-sections (2), (3), (4), (5) and (6) shall be omitted.
(iii)
for sub-section (7), the following sub-section shall be substituted,
namely :—
“(7) If any constituency fails to elect a member, fresh election pro
ceedings shall be commenced in such constituency within six
months to fill the seat:
Provided that further proceedings of election of President and
Vice-President of Janapad Panchayat shall • not be stayed
pending the election of a member in accordance with this sub
section :
Provided further that if any constituency again fails to elect a
member fresh election proceedings shall no* be commenced in

THE M. P. PANCHAYAT RAJ (SANSHODHAN) ADHYADBSH, 1994

PART IV]

1
I
•f »■

<■

77

such constituency unless the State Election Commission is
satisfied that there is likelihood of the constituency electing a
member.”

13.

Amendment of section 23.—In Section 23 of the Principal Act,—
in sub-section (3) for the word “wards” the word “constituency”
shall be substituted.

(ii) in snb-section (5), for the word “Wards” the word
shall be substituted.

“constituencies”

14. Omission of section 24.—Section 24 of the Principal Act shall be
omitted.
15.
Amendment of section 25.—In Section 25 of the Principal Act,—
(i) for sub-section (1), the following sub-section shall be substituted,
namely :—
“(1) The Prescribed Authority shall, as soon as may be, after the
election of the members call a meeting of the elected members
of the Janapao Panchayat for electing a President and a VicePresident.”
(ii) for sub-section (3) the following sub-section shall be substituted,
namely:—

‘•(3) Subject to the provisions of sub-section (2) and (4) the
President and Vice-President of the Janapad Panchayat
shall be elected by and from amongst the elected members
thereof.”
16.
Amendment of section 27. —For the existing proviso to sub-section
(2) of Section 27 of the Principal Act, the following proviso shall be substi
tuted, namely :—
“Provided that notwithstanding anything contained in this sub-section an
office bearer of Janapad Panchayat shall cease to hold office forth
with on his ceasing to be a voter of a Gram Panchayat area within
the Block.”
17.

Amendment of section 29.—In section 29 of the Principal Act, - -

(i) Clause (ii) of sub-section (1) and sub-section (2) and (3) shall be
omitted.
(ii) for sub-section (4), the following sub-section shall be substituted,
namely :—

“(4) If any constituency fails to elect a member, fresh election pro
ceedings shall be commenced in such constituency within six
months to fill the seat:
Provided that further proceedings of election of President and
Vice President of Zila Panchayat shall not be stayed pending
the election of member in accordance with this sub-section :

Provided further that if such constituency again fails to elect a
member, fresh election proceedings shall not be commenced in
such constituency unless the State Election Commission is
satisfied that there is a likelihood of such constituency electing
a member.

18.
omitted.

Omission of section 31.—Section 31 of the Principal Act, shall be

78

M P. ACTS AND ORDINANCES

19.

(1994

Amendment of section 32.—In Section 32 of the Principal Act,—

(i) for sub-section (I), the following sub-section shall be substituted,
namely :—
“(1) The prescribed authority shall, as soon as may be, after the
election of members, call a meeting of the elected members of
Zila Panchayat for electing a President and Vice President.
(ii) for sub-section (3), the following sub-section shall be substituted,
namely :—
“(3) Subject to the provisions of sub-section* (2) and (4) the Presi
dent of the Zila Panchayat shall be elected by and from
amongst the elected members thereof.”

20.
Amendment of section 34.— Clause (b) of the proviso to sub-section
(2) of Section 34 of the Principal Aet shall be omitted.

21.
Amendment of section 36.—In sub-section (2) of Section 36 of the
Principal Act the words ‘‘nominated or coopted” shall be omitted.
22.
Amendment of section 38.—For sub-section (1) of Section 38 of
the Principal Act,
the following
sub-section shall be substituted,
namely :—

“(1) (a) In the event of death, resignation, no confidence motion or removal
of an office bearer of Panchayat or on his becoming a member of
State Legislative Assembly or a member of either House of Parlia
ment before the expiry of his term, a casual vacancy shall be
deemed to have occurcd in his office and such vacancy shall be
filled as soon as may be by election in accordance with the provi
sions of the Act and the rules made thereunder.
(b) Till such time as the aforesaid vacancy is filled the Up-Sarpanch of
the Gram Panchavat or the Vice-President of Janapad Panchayat or
Zila Panchayat. as the case may be, shall hold office of the
Sarpanch of the Gram Panchayat or President of the Janapad
Panchayat or Zila Panchayat as the case may be and such person
shall be deemed to have assumed charge of such office immediately
on the occurrence of the vacancy.
*

(c) If the ont-going office bearer fails to hand over any record, article,
money or property of the Panchayat forthwith to his successor the
prescribed authority may by order in writing direct him to do so
and on his failure to comply with such direction the prescribed
authority may proceed against him in accordance with Section 92
and take necessary steps to prosecute him under Section 98”.
23.
Amendment os section 39.—In sub-section (4) of Section 39 of the
Principal Act the words “coopted or appointed” shall be omitted.

24.
Amendment of section 40.—Tn sub-seclion (2) of Section 40 of the
Principal Act, the words “coopted or appointed” shall be omitted.
1

25.
Amendment of section 43 —Tn Section 43
the words “and cooption” shall be omitted.

of the Principal Act,

26.
Amendment of section 44.—In Section 44 of the Principal Act,—
(i) in sub section (4) for the words “the Secre'ary of the Zila Panch
ayat, Chief Executive Officer of the Janapad Panchayat or Secretary
of the Gram Panchayat” the words “the Chief Executive Officer of

FART IV]

THB M. P. PANCHAYAT RAJ (SANSHODHAN) ADHYADBSH, 1994

19

the Zila Panchayat or Janapad Panchayat or Secretary of the Gram
Panchayat as the case may be” shall be substituted ;
(ii) in sub-section (5) for the words “by the Chief Executive Officer of
Janapad Panchayat or Secretary of the Zila Panchayat as the case
may be” the words ‘‘by the Chief Executive Officer” shall be
substituted.
(iii)
in sub-section (6) for the words “the Secretary of the Zila
Panchayat, Chief Executive Officer of the Janapad Panchayat or
the Secretary of the Gram Panchayat, as the case may be” the
words “the Chief Executive Officer of the Zila Panchayat or Janpad
Panchayat or the Secretary of the Gram Panchayat, as the case may
be” shall be substituted.
(iv)
in sub-section (7) the words “Zila Pradhan” shall be omitted.

27.

Amendment of section 47.—In Section 47 of the Principal Act,—

(i) in sub-section (1), for the word “member” the words “elected
members” shall be substituted,
(ii) for sub-section (5) the following sub-section shall
namely :—

be substituted,

“(5) EveryCommittee except the General Administration Committee
shall from amongst its elected members elect a Chairperson
within such time and in such manner as may be prescribed and
in case of the General Administration Committee the President
of Zila Panchayat or as the case may be of Janapad Panchayat
shall be its Chairperson.”.
28.
Amendment of section 52.—In the marginal beading of Section 52
of the Principal Act, for the word “Parishad" the word “Panchayat”'shall be
substituted.
29.
Amendment of section 66 —In sub-section (6) of Section 66 of the
Principal Act, for the word “Secretary” the word “Chief Executive Officer”
shall be substituted.

30 Amendment of section 69.—In Section 69 of chrPrincipal Act,—
(i) in sub-section (2) for the words “Zila Panchayat” the words
“Janapad Panchayat? shall be substituted.
(it) in sub-section (3) for the words “Secretary" the words “Chief
Executive Officer” shall be substituted.
(iii) in sub-section (4), for the words “Chief Executive Officer of Janapad
Panchayat or Secretary of Zila Panchayat” w'herevcr they occur
the words “Chief Executive Officer of Janapad Panchayat or Zila
Panchayat” shall be substituted.
(iv)
in sub-section (5) for the words “the Chief Executive Officer of
Janapad Panchayat and the Secretary of Zila Panchayat” the words
"the Chief Executive Officer of the Janapad Panchayat and Zila
Panchayat” shall be substituted.
31.
Amendment of Sec.ton 72.—In Section 72 of the Principal Act, for
the-words “Secretary of Zila Panchayat” the words “CHef Executive Officer
of the Zila Panchayat” shall be substituted.

32.
Amendment of Srctien 92.—In sub-section (5) of Section 92 of the
Principal Aclv/or the word “five.” the word “six” shall be substituted.

80

M. 1>. ACTS AND ORDINANCES

[1994

Amendment of Section 98.—In Section 98 of the Principal Act.

33.

(i) in the marginal heading the words “Zila Pradhan” and “Zila UpPradhan.” shall be omitted.
(ii) for sub-section (3), the following sub-section shall be substituted,
namely :—

“(3) Any person whose term of office has expired or who has
tendered resignation or against whom a no confidence motion
has been passed or who has been removed from an office of
the Panchayat fails to hand over forthwith any record, article
or money' or other properties vested in or belonging to the
Panchayat which are in his possession or control to his
successor in office shall on conviction be punished with a fine
which may extend to rupees two thousand.”.

Amendment of section 122.—In Section

34.
Act,—

122

of

the

Principal

(i) in sub-section (1), the words “or cooption” shall be omitted.
(ii) in sub-section (2), the words “or cooption” shall be omitted.
35.
Amendment of section 130.—For sub-section (4) of Section 130 of
the Principal Act, the following sub-section shall be substituted, namely :—
“(4) The assets and liabilities of existing Janapad Panchayat and
Zila Parishad shall stand transferred to Janapada Panchayat
and Zila Panchayat respectively constituted under this Act.”.

THE MADHYA PRADESH SLATE PENCIL KARMAKAR KALYAN
NIDHI (SANSHODHAN) ADHINIYAM, 1994
No. 13 of 1994*
TABLE OF

Sections :

CONTENTS
Sections:

7B and 7C.
Short title and commencement.
5. Insertion of new section 8-A.
Amendment of section 2.
6. Amendment of section 13.
Amendment of section 'I.
Insertion of new sections 7-A,
[Received the assent of the Governor on the 30th April, 1994; assent
first published in the “Madhya Pradesh Gazette (Extraordinary) ” dated the
9th May, 1994.

1.
2.
3.
4.

An Act to amend the Madhya Pradesh Slate Pencil Karmakar Kalyan
Nidhi Adhiniyam, 1982.
Be it enacted by the Madhya Pradesh Legislature in the Forty-fifth
Year of the Republic of India as follows :—
1
Short title and commencement. -(1) This Act may be called the
Madhya Pradesh Slate Pencil Karmakar Kalyan Nidhi (Sanshodhan) Adhi
niyam, 19S4.
(2) It shall come into force on such dale, as the State Government may,
by Notification appoint and different dates may be appointed for different
provisions of this Act.
’Published in M, P. Rajpatra (Asadharan), dated 9-5-94 Pages 456(2-4).

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(EXTRAORDINARY >
PART IV—2C (i)
BANGALORE, TUESDAY, SEPTEMBER 3. 19’5
(BHADRAPADA 12, SARA ERA 1907 >

Rural Development and Panchayat Raj Secretariat

NOTIFICATION .
No. RDP 71 VAC 85(P),
Bangalore, dated 2nd September 1985
Whereas the draft of the Karnataka Zilla Parishads, Taluk
Panchayat Saipithies, Mandal Panchayats and Nyaya
Panchayats (Preparation of Additional Electoral Roll) Rules,
1985. in Notification No. 446 RDP 71 VAC 85, dated 16th
August, 1985 was published in Part IV-2C(i) of the
.Karnataka Gazette Extraordinary, dated 16th August, 1985
as required by sub-section (1) of Section 284 of the Karnataka
Zilla Parishads, Taluk Panchayat Samithies, Mandal Pan
chayats and Nyaya Panchayats Act, 1983 (Karnataka Act 20
of 1985) inviting objections and suggestions to the said draft
from persons likely to be affected thereby on or before 31st
August, 1985 ;
And whereas the said Gazette was fnade available to the
public on 16th August, 1985 ?

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And whereas ho objections or suggestions have been
received by the State Government in respect of the said draft;
Now, therefore, in exercise of the powers conferred by
clause (b) of sub-section (9) of section 148 of the Karnataka
Zilia Parishads, Taluk Panchayat Samithies, Mandal Panchayats and Nyaya Panchayats Act-, 1983 (Karnataka Act 20 of
1985) read with section 284 of the said Act, the Government
of Karnataka hereby makes the following rules, namely
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CHAPTER I
Preliminary

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77. ’

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1. Title and commencement.—(1) These rules may be
called the Karnataka Zilia Parishads, Taluk Panchayat Sami- .
thies, Mandal Panchayats and Nyaya Panchayats (prepara
tion of Additional Electoral Roll) Rules, 1985.
(2) They shall come into force at once.
2. Definition.—In these rules, unless the context other
wise requires ; ,
(1) “Act” means the Karnataka Zilia Parishads, Taluk
Panchayat Samithies, Mandal Panchayats and Nyaya Pan
chayats Act, 1983 (Karnataka Act 20 of 1985) ;
(2) Constituency means a Zilia Parishad constitu- ’f.
ency ;
.
(3) “Deputy Commissioner” means.the Deputy Com
missioner of the district- in which the rnandal or'Zilia Parishad '
is situated ;
(4) “Form’’means a form appended to’these rules;
. . (5) .“registration officer” means the Electoral Regis
tration Officer or the Assistant Electoral Registration Officer

«e"Cr.^M9S0-? ““ 13-C
(6) “ section means a section of the Act.

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CHAPTER II
Additional Electoral Roll for Zilla Parishad
Constituencies
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3 . The Additional Electoral Roll.—The additional electoral roll for each constituency shall be prepared in such form
and in Kannada and such otjier language or languages as the
Government may direct, under the superintendence and
direction of the Chief, Electoral Officer, Karnataka who
shall be the prescribed authority for the purpose of sub
section (9). of section 148.
>
4. Preparation oj the additional 'electoral roll:—(1) The
additional electoral roll shall be devided into convenient parts
which shall be numbered consecutively.
(2) The last part of the additional electoral roll shall
contain the names of every person having a service qualifica
tion and of his wife, if any, who are entitled to be included
in the roll by virtue of a statement made under rule 6.
(3) The name of any person holding a declared office
and of his wife, if any, who are entitled to be included in the
additional electoral roll by virufe of a statement made under
rule 6 shall be included in the part of the roll pertaining to the
locality in whch they would according to that statement, have
been ordinarily residents.
(4) The number of names included in any part of the
additional electoral roll shall not ordinarily exceed two
thousand.
5. Order of names.—Cl) The names of voters in each
part of the additional electoral roll shall be arranged accord
ing to. house number, unless the Government determines in
respect of any part that the alphabetical order is more conve
nient or that the names shall be arranged partly in one way
and partly in the other.
(2) The names of voters in each part of the additional
electoral roll shall be numbered, so far as practicable, conisecutively with a separate sereis of numbers beginning with the
number one.
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6. Statement as to residence.—(1) Every person who
holds a declared office or has a service qualification and
desires to be registered in the additional electoral roll for the
constituency in which but for holding such office or having
such qualification, he would have been ordinarily resident,
shall submit to the registration officer of the constituency
,a statement in such one of the (Forms 1,2, 3 or 4) as may be
appropriate.
Explanation.—Fpr the purpose of these rules, the terms
“ a declared office ” and “a service qualification ” shall have
the same meaning as assigned to them under the Representa
tion of the People Act, 1950.
(2,) Every statement submitted under sub-rule (1) shall
be verified in the manner specified in the form.
(3) .Every such statement shall cease to be valid when
the person making it ceases to hold a. declared office or as
the case may be, have a service qualificaton.
7. Information to be supplied by occupants of dwelling
houses.—The registration officer may, for the purpose of ‘
preparing additional electoral roll arrange to collect infor
mation in respect of the occupants of dwelling, house in the
constituency or part thereof in Form 5 by'means of house
to house visits by enumerators, and every person op being
approached by the enumerator shall furnish the required
information to the best of his ability.
8. Access to certain registers.—For the purpose Of
preparing an additional .electoral roll or deciding any claim
or objection to an additional electoral roll, any registration
officer and any person employed by him shall have access to
any register'of births and deaths and to the admission register
of any educational institution, and it shall be the duty of
every person incharge of such register to give to the said
officer or person such information and such extracts from
the said register as he may reqifire.
9. Publication of additional electoral roll in draft.—As
soon as the additional electoral roll for a constituency is
ready, the registration Officer shall publish it in draft by
making a copy thereof available for inspection and displaying
a notice in Form 6,—

(a) at his office, if it is within the constituency ; and
(b) at such places in the constituency as may be speci
fied by him for the purpose if his office is outside the consti
tuency; •
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10. Further publicity to the additional electoral roll and
notice!—The registration officer shall also,—
(a) make a copy of each separate part of the additional
electoral roll, together with a copy of the notice in Form 6
available for inspection..at a specified place accessible to the
public in.or near the area to which that part relates ;
(b) give such further publicity to the notice in Form 6
as he may consider necessary ; and
X
(c) supply free of cost two copies of each separate part
of the roll to every political party for which a symbol has
been exclusively reserved in the' State by the Election Com
mission.
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11. Period for lodging claims and objection..—Every claim
for the inclusion or a name in the additional electoral roll
and every objection to any entry shall be lodged within a
period of ten days from the date of publication of the roll in
draft under rule 9 :
Provided that the Government may, by notification,
extend the period in respect of the constituency as a whole
or in respect of any part thereof.
1'2. Form for claims cmd objections.—(I) Every claim
shall be
(a) inForm?; -•
■ (bi signed by the person desiring his name to be.
included in the additional electoral roll ; and
(c) countersigned by .another person whose-name is
already included in that part of the additional electoral roll
in which the claimant desires his name .to be included :
(21 Every objection shall be,—
(a) in Form.8 ;
(b) preferred only by a person whose name is already
included in the electoral roll ;

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(c) countersigned by another person whose name is
already included in that part of the additional electoral roll
’ in which the name objected to appears.
(3) Every objection to a particular or particulars in an
entry in the additional electoral roll shall be,—
(a) in Form 9, and
(b) preferred only by the person to whom , that entry
relates.
13. Manner of lodging claims and' objections.—Every
claim or objection shall—;
(a) either be presented to the registration officer or to
such, other officer as may be designated by him in this
' behalf; or
(b) be sent by.registered post to the registration officer.
14 . Procedure of designated officer.—(1) Every officer
■designated under rule 13-shall—;
"
(a) maintain in duplicate a list of claims in Form 10,
a list of objections to the inclusion of names in Form 11 and
a list of objections to particulars in Form 12 ; and
(b) keep exhibited one copy of each such list .on a
notice board in his office.
(2) where a claim or objection is presented to him, he
shall, after complying with the. requirements of siib-rule (1)’,
forward it with such remarks, if any, as-he considers proper
to the registration officer. ,
15 . -Procedure of Registration Officer.—The registration
officer also shall—
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(a) maintain in duplicate the three lists in Forms 10,
11 and 12. entering thereon the particulars of every claim or
objection as and when it is received by him whether directly
.under rule 13 or being forwarded under rule 14 ; and
Cb) keep exhibited one copy of each .such list on a
notice board in his office.
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16. Rejection of certain. claims and objections.—Any
claim or objection which as not lodged within the period or
in the form and manner herein specified shall be rejected by
the registration officer..
17. Acceptance of claims and objections ■without
, inquiry.—If the registration officer is satisfied as to the
validity of any claim or objection, he may allow it without
further inquiry after the expiry of one week from the date
on which it is entered in the list exhibited by him under
clause (b) of rule 15:
Provided that where before any such claim or objection
has been allowed, a demand for an enquiry has been made
in writing to the registration officer by any person, it shall
not be allowed without further inquiry.
18. Notice of heating claims and objections.—■( 1) Where
a claim or objection is not disposed of under rule 16 or rule
17 the registration officer-shall—
(a) specify in the list exhibited by him under clause (b)
of rule 15 the date, time and place of hearing of the claim
or objection ; and
•(b) give notice of the Hearing—
(i) in the case of a claim to the claimant in form 13 ;
.(ii) in the case of an objection to the inclusion'of a
name, to the objector in form 14 and to the person objected
in form, 15, and
(iii) in the case of an objection to a particular or parti
culars in an entry, to the objector in. form 16.
(2) A notice under this rule may be given eithef personally
or by registered post or by affixing it to the person’s residence
or last known residence within the constituency.
19. Enquiry into claims ' and objections.—(1) The'
registration officer shall hold a summary inquiry into every
claim or objection in respect of which notice, has been given
under rule 18 and,shall record his decision thereon.'
. (2) At the hearing, the claimant or as the case may be,
the objector and the person objected to and any other person

who in the opinion of the registration officer, is likely to be
of assistance to him, shall be entitled to appear and be heard.
■ (3) The registration officer' may in his discretion,—
(a) require any claimant, objector or person object
ed to appear in person before him;
(b|) require that the evidence tendered by any per
son shall be given on oath and administer an oath for the
purpose.
20. Inclusion of names inadvertently omitted.—-If. it
appears to the registration officer that owing to inadvertence
or error during preparation,' the names of any voters have
been left out of the additional electoral roll and that
remedial action should be taken under this rule, the regist
ration: officer shall,—
_(a) prepare a list of the names and other details of
such voters;
(b) exhibit on the notice board.of his office a copy
.of the list together with a notice as to the time and place
at which the inclusion of these names in the, additional
electoral roll will be considered, and also publish the list
and the notice in such- other manner as he may think fit;
and
(c) after considering any verbal or'written objec
tions that may be preferred, decide whether all or any of
the names should be. includedJn the additional electoral
roll.
•
(2) If-any statements under rule 6 is received after
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the publication of the additional electoral rpll in draft
under rule 9, the registration officer shall direct the inclusion
of the names of the electors covered by the statements in .
the appropriate parts of the additional electoral roll.
21. Deletion of names of dead voters and of persons
who cease to be or are not ordinarily residents.—If it appears

to the registration officer during preparation of the additibnal electoral - roll' that owing to inadvertence or otherwise, the. names of dead persons or of persons who have
ceased to be, or are not, ordinarily residents in the consli-

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tuepcy have, been included in the additional electoral roll
and that remedial action should be taken under this rule,
the registration officer, shall—
(a) prepare a list of the names and other detailsof such voters;
(b) exhibit on the notice board of his office a copy
of the list together with a notice as to the time and place
at which the question of deletion of these names from the
additional electoral roll will be considered, and also publish
the list and the notice in such other manner as he may think
fit; and
(c) after considering any verbal or written objections
that may be preferred, decide whether all or any of the
names should be deleted from the additional electoral roll:
Provided that before taking any.petto n under this rule
in respect of any person on the ground that he has ceased
to be, or is pot, ordinarily resident in the constituency,
the registration officer shall make every endeavour to give
him a reasonable opportunity to show cause why the
action proposed should not be taken in relation to him
22. Final publication of additional electoral roll.'—
(1) The registration officer shall thereafter:— ■
; .
(a) prepare a list of amendments to carry but his
decisions under rules 17, 19, 20 and .21 and to correct any
clerical or printing errors or other inaccuracies subse
quently discovered in the additional electoral roll; and
. (b) publish the additional electoral roll together
with the list of amendments by making a complete copy
thereof available for inspection and displaying a notice in
Form 17 at his office.
(2) Oh such publication the additional electoral roll
■together with the list of .amendments shall be the additional
electoral roll of the constituency.
(3) Where the additional electoral roll (hereinafter .in
this sub-rule referred to as the basic additional electoral
roll) together with the list of amendments, becomes the
additional electoral roll Tor a constituency under sub-rule

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(2), the registration officer, may, for the convenience of all
concerned, '"integrate, subject to any general or special
directions issued by the Chief Electoral Officer in this.
behalf the list of amendments into the basic additional
electoral roll by including the names of voters in the list
of amendments together with all particulars relating to
such voters in the relevant parts of the basic additional
electoral roll itself, so, however, that no change shall, be
made in the process of such integration in the name of anyvoter or in any particulars relating to any voter as given
in the list of amendments.
23,

Appeals from orders deciding claims and objec

tions.—(1) An appeal shall lie from any decision of the

registration officer under rules 19, 20 or 21 to the Deputy
Commissioner:
Provided that an appeal shall not lie where the person
desiring to appeal has not availed himself of his right to be
heard by, or to make representations to the registration
officer on the matter which is the subject of appeal.
(2) Every appeal under sub-rule (1) shall be,—
(a) in the form of a memorandum signed by the
appellant; and
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(b) presented to the appellate officer within a period
of ten days from the date of announcement of the decision
or sent to that officer by registered post so as to reach him ■
within that period.
(3) The presentation of an appeal under this rule shall
not have the effect .of staying or postponing any action
to be taken by the registration officer under rule 22.
(4) Every decision of the appellate authority shall be
final, but in so far as it reverses or modifies a decision of
the registration officer, shall take effect only from- the date
of the decision in appeal.
’
'■ (5) The 1 registration officer shall cause such amend
ment to be made in the additional electoral roll as mav
be necessary to give effect to the. decisions of the' appellate
•officer under this rule.
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24. Special provision for preparation of additional
electoral roll on redelimitation of constituency.—(1) If any

constituency is delimited a new in accordance with law
and it is necessary urgently to prepare the additional elect
oral roll for such constituency, the chief electoral officer
may direct that it shall be prepared,— *
(a) by putting together the additional electoral roll
of such of the existing constituencies on parts thereof as
4
are comprised within the new constituency; and
(b) by making appropriate alterationsun the arrange
ment serial numbering and headings of the list as compi
led.
(2) The additional electoral roll so prepared shall be
, published in the manner specified i'n rule 22 and.shall on
'such publication, be the additional electoral roll for the new
•constituency.
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25. Correction of entries and inclusion of, names in
the additional electoral roll.—(1) If the registration officer,
on application made to him or on his own motion, is satisfied
after such inquiry as he thinks fit, that any entry in the
additional electoral -roll of the constituency,— .
(a) is erroneous or defective in any particular;
(b) should be transposed to another place in the addi
tional electoral roll on the ground that the person concerned
■ has changed his place of, ordinary residence within the,
$ constituency;
,
(c). should be. deleted on the ground that the person
concerned is dead or has ceased’to be ordinarily resident in
.the.'constituency or is otherwise not entitled to be registered
in the additional electoral roll;
the registration officer shall, subject to such general or
special directions, if any, as may be given by the chief
Electoral officer in this behalf, amend,. transpose or delete
the entry ;
• ■
Provided that before taking any action on any ground
under clause (a) clause (b) or any action under clause (,c)
-on the''ground that the person concerned has ceased to be

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ordinarily resident in the constituency or that he is otherwisenot entitled to be registered in the additional electoral roll of
that constituency, the registration officer shall give the person
concerned a reasonable opportunity of being heard in respect
of the action proposed to be taken in relation to him.
(2) Any-person who is entitled to be included in the
additional electoral roll- but whose name is not included in
the additional electoral roll may apply to the registration
officer for the inclusion of his name in that roll.
(3) Every application under this rule shall be made in
duplicate in such one of the Forms 18 or 19 as may be
• appropriate and shall be accompanied by a fee of 25 paise.
(4) The fee specified in sub-rule (3) shall be—
(a) Paid . by means of non-judicial stamps,; or
(b) deposited in a Government treasury or the
Reserve Bank 6f India in favour of the registration 'Officer
concerned.
.
.
(5)
Where the fee is deposited under clause (b) of
sub-rule (4), the applicant shall enclose with the application.
a Government treasury receipt or a Bank challan in proof
of the fee having been deposited.
(6) The registration' officer shall, immediately on
receipt of .such application, direct that one copy thereof be ■
'.pasted in some conspicuous place in his office together with a
- notice inviting objections to such application within a period
of seven days from the date of such, pasting.
(7) The registration officer shall, as soon as may be
after the expiry of the period specified in sub-rule (6) con- j
side? the. objections, if any, received by him and shall, if
satisfied ’hat the applicant is entitled to be registered in the
additional electoral roll direct his name to be included
^therein
. .
Provided that when an application is rejected by the
registration officer, he shall record in writing a brief statement
of his reasons for s'uch rejection ;

13-

Provided further that no amendment:, transposition
or deletion of any entry or inclusion of names shall be made
*
under this rule after the last date for making nominations
for elections in the constituency and before the completion
of the election;
26. Appeals against the orders of the registration officer
(1) An appeal shall be lie against any order of the regis
tration officer under rule 25 to the Deputy Commissioner.
A
(2) E very appeal under sub-rule (1) shall be,—
(a) in the form of a memorandum signed by the
applicant;
(b) accompanied by a copy of the order appealed
from- and a fee of one. rupee to be—
(i) paid by means of non-judicial stamps, or
(ii) deposited in a Government treasury or the
Reserve Bank of India in favour of the Deputy Commissioner.
(c) presented to the Deputy Commissioner within
a period .of ten days from the date Of the order appealed
from or sent by registered post so as to reach him within that
period
(3) Where the fee is deposited under. sub-clause (ii> of
clause (b)' -of sub-rule (2) the applicant shall enclose with
the memorandum of appeal a Government Treasury receipt
or Bank Challan in proof of the fee having been deposited.
, 27. Penalties.—(1) Any person, who makes, in con-.
™ , nection with—
i t
(a) the preparation, revision or correction of addi| '
tiohal electoral roll; or
(b) the inclusion or exclusion of any entry in or
I ,
from an additional electoral roll; a statement or declaration
in writing which is false and which he either knows or believes
lo be false dr does not believes to be true, shall, on conviction,
be punishable with fine, which may extend to one hundred
rupees.
(2) If any Electoral Registration Officer, Assistant
Electoral Registration Officer or other person required by or

14

under the Act or perform any official duty in connection
with the preparation, revision Of correction of an additional
electoral roll or the inclusion or exclusion of any entry
in from that roll is without reasonable cause, guilty of ally
act or ommission .in breach of such official duty, he shall
be u isbable with fip.e which may extend to one hundred
nip?;:.

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FORM 1
(See rule 6)
Statement as to place of ordinary residence by a Person holding a-.
declared office•
Full Name
:
....................................
Father’i/Husband’s Name
-.
.'..............:.
Age.................. .....
.Year........................... .■.......................
Office held
...........................................................................
I hereby declare that I am a citizen of India and that but for my
holding the above mentioned office, I would have been ordinarily resident
• at (full postal address)
........................................

<1

I further declare that my wife (name). ...........................
v
:................ Aged
Years ordinarily
resides with me (and is a citizen of India)
This cancels any previous statement as to place of ordinary residence
made by me.
Signature
....................
Place
ate
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. FORM 2
(See rule 6)
Statement as to place of ordinary residence by a member of the
Armed- Forces.
I hereby declare that I am a citizen of India and that but for my
service in the Armed Forces, I would have been ordinarily resident at :—
House No.
Street/Mohalla
...
Locality
Town/Village
..
. Post Office
..
Police Station
Tehsil/Taluka ■
..
District
State.
My full name .
•
,
Service No.
.
• • Rank :
Service/Corps/Regiment
..
Name and Address of record office
.............................................
A«e and birthday.,
>.. Years
1° I further declare that my. wife. ......................... age
.
Years ordinarily resides with me and is a citizen of India.
This cancels any previous statement as to ordinary place of residence
made by me.
Date

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(Signature)

16
(Form 2— eontd-)
i
Record
Office
Verified and found correct.
Folio No......................................................................................................... •
(Signature)
Place
".............. •••
(Designation)
.
Date .... i

Office-in-charge Records

.

•

(For use in the Election Office)

Statement received on the
........................................
Registered in-the additional elec’tdral roll for the

198

....
........

Zilla Parishad Constituency No......................... ......................... A
Service-voters’ part at S No
Date
...198
....
............
Electoral Registration Officer.
FORM 3
(See Rule 6)
Statement as to place of ordinary residence by a member' of ah
armed police force of State, who is serving outside that State.
I hereby declare that I am a citizen of India and that but for my
service outside the State in the armed police force mentioned below, I
would have been ordinarily resident at.
House
..
Locality
Post Office
.. •
Tahsil/Taluka
, .
State
Rank.
'
,
'■
Name of armed Police force..
Street/Mohalla
, ..
Town/Village
Police Station
District ■
My full Name
..
,
.
'
Buckle No..
Name and address of the office of the Commandant, ?. ..............
Age and Birthday.'./..
Ypars
................

I further declare that my wife
.....Age
Years. Ordinarily resides with me arid is a citizen of India.
" This cancels my previous statement as to ordinary place'of residence
made by me.'
...
' ' '
Date

i

’

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......................
(Sigriature)

17.
Delete if not applicable

Commandant’s Office ..
Folio No--.
............
Place
Date
'............

Verified and found correct
(Signature) .
........
(Designation)
Commandant.

(For use in the Election Office)
Statement received on the
198.
Registered in the additional electoral roll for the.
Zilla Parishad Constituency (No-'
....
Service Voter’s Part at Si. No
'............
Date.
{Electoral Registration Officer)

FORM 4
{See Rule 6)

.

Statement as to place of ordinary residence by a person employee!
under the Government of India in a post outside India.

Full Name
Father’s/Husband’s. Name
Age
Years
........
Description of post held outside India.
I hereby declare that I am a citizen of India and that but for my
being employed under the Government of India in the above, mentioned
post, I would have been' ordinarily resident at (full postal address)

' <«

I further declare that my wife (Name)
................ Aged
Years, ordinarily resides, with me (and is a citizen of India).
Thi s pancels’any previous statement as to^place of ordinary residence
made by me.
.
Signature....;...
Place
............................
Verified Signature.
Date
Designation of the Head of Office ...
Place

Date

(For use in the Election office) i
Statement received on the
Registered in the additional electoral roll for the.
Zilla Parishad Constituency (No................. .-

198.

Service Voter’s Pan at S. No.
£>ate
i••
{Electoral Registration Officer)

E , G. No. 462—2

18.
FORM

House No-

Si.
No.

5

(See Rule 7)
Enumeration Form
..................................................... OriginalIDuplicate

Name of Voter

Name of the father/ Male
husband/mother ■
-Female

Age on
1-1-1985

4
5
6
7

I solemnly declare that the particulars given above are true to the
best of my knowledge and belief and that none of the names of the
persons mentioned above has been included in the additional electoral
roll of any other areas of the Zilla Parishad Constitut’enCy. I have
received a copy of the above house slip.
Signature of the Enumerator.
■ (Signature of the head of the house.
hold/any other Senior

■'

member of the family). v
Date

..................

FORM

6

(See. Rule 9)

Notice of Publication of additional
Electoral Roll in Draft.
To

The Voters of the....

............ Constituency.

Notice is hereby given that the additional electoral roll has been
prepared in accordance with the Karnataka Zilla Parishad, Taluk
Panchayat Samithis, Mandal Panchayats and NyayaPapchayats (Prepa
ration of Additional Electoral Roll) Rules, 1985 and copy thereof is
available'for inspection at my office and at
■. .................... .
during office hours.

19
If there is any claim for the inclusion of a name in the additiona
electoral roll or any objection to the inclusion of a name or any objection
to particulars in any entry, it should be lodged on or before the
......................
in *Forni. as may be appropriate.
'(*7, 8, or 9).
Every such claim or objection should either be presented in my
office, or to
.......... or sent by 1
registered post to the address given below so as to reach'.me not later
than the aforesaid date.
Electoral Registration Officer.
Date
Address
PAGE 26

FORM

7

(See rule 12)
Claim application for inclusion of name in the
Additional Electoral Roll.
To

The Electoral Registration Officer,.

Constituency.
Sir, '

I request that my name be included .in the additional electoral roll •
qf ........................■ .. .constituency in part No
............. ....
relating to
......................................................................
My name (in full)
......................................
My father’s/Mother’s/Husband’s name
Particulars of my place of residence are
House No. and Name of the Street
•...'..........................
......................
Name of the Village/Town/City
-.......................................
District
................................
I hereby declare that to the best of my knowledge and belief:
.Mohalla/division/Ward/

that
(i)
I am a citizen of India.
(ii)
that my age on the first day ofJanuary Iqst was.
years and
......................
months.

.....

20
that I am ordinarily resident at the address given above.
. (iv) that I have not applied for the inclusion of my name in the
additional electoral roll for any other constituency.
(v) that my name has not been included in the additional electoral
roll for this or any other consitutency.
(iii)

Or

that my name may have been-included in the additional electoral
roll for the
:..................................
Constituency in the
.......... ........... ................
Zilla Parishad under the address mentioned below and if so,
I request the same may be excluded from the additional
electoral roll.
Place
Date....

■.............
Signature or thumb impression of
claimant.
I am "an voter included in the additional electoral roll the same
para in which the claimant has applied for inclusion viz., Part No.. ....
relating to
,............................... my Serial Number thereon is
.................... I support this claim and counter
sign it.
Name (in full)
(.Signature of the elector)

Note:—Any person who makes a statement or declaration which is
false and which he either knows or believes to be false or
does not believe to be true is punishable under rule 27 of
the Karnataka Zilla Parishad/Taluk Panchayat Samithis,
Mandal Panchayats and Nyaya Panchayats (Preparation of
additional Electoral Roll) Rules, 1985.

21
FORM

8

(See Rule 12)

'

Objection to inclusion of name in the additional electoral roll
To

The Electoral Registration Officer,
............................ Constituency.

Sir, <
I object to the inclusion of the name of
......................at Serial No
.....in part. .....
of the additional electoral roll for the following reason(s) :—

I hereby declare that the facts mentioned above are true to the best
of my knowledge and belief.
My name has been included in the additional electoral roll for this
constitutency as follows :—
Naipe in full
;........................ ...........................
Father’s/Husband’s/Mother’s Name
Serial No
i.
Part No
..................................
Signature! thumb impression
of objector.
. (Full Postal Address)

Date
I am a voter included in the same part of additional electoral roll
in which the name objected to appears, viz., part No
relating to
'............>...................... my serial No....
therein is
,.......... I support this objection and
countersign it.1
Signature of the Voter
• (Name) ...'.
..........
Note :—“Any person who makes a statement or declaration which he
either knows or believes to be false or does not believe to be
true is punishable under rule 27 of the Karnataka ZiUa
Parishads, Taluka Panchayat Samithis, Mandal Panchayats
and Nyaya Panchayats (Preparation of Additional Electoral
Roll) Rules 1985.

22
FORM 9
,(See Rule 12)
Objection to particluars in any entry in the additional electoral rcll
To

The Electoral Registration officer,
...................... Constituency.

Sir, I submit that the entry relating to myself which appears at serial

No .
'•..................
.in part"
of the additional electoral roll as
is not-correct.

..................................
..................................................

It should be corrected tp read as follows.:—

Signature or thumb
Impression of the Voter.

Place
Date.

FORM 10 •
(See Rule 14)
. .
List.of claims in the additional Electoral Roll
Name of father/
Sl.No.
Number of claimant
Date of receipt
Mother/Husband

3

2

_1 ■
Place of

.

4

Date, time and place pf Hearing.
*6

5

__ _

*To be filled only by the registration officer.
FORM 11
(See Rule 14)
List of objection

to inclusion of names
Eleotrol Roll

in

the

Additions

Particulars of name objected to
Date of receipt

Sl.No.

1

Full name
of objector

Part

3

■4

Reasons in brief for objection

Serial

Name in full

5-^

Date time and place pf hearing.

7

.To be filled only by the registration officer.

8*

23
FORM 12
{See Rule 14)
List of Objections to particulars in entries in ihe addilicrtl
electoral roll.
Date of receipt

Sl.No.

Name in full of voter objecting

1

2

3

Part No. and
SI. No. of entry

Nature of objection

Date, time and
Place of hearing.

4

5

6*

*to bt filled only by. the Registration Officer.

FORM 13
{See Rule- 18)

Notice of hearing of a claim.
Duplicate (Office copy)
' (Full name and address of claimant)
To

Reference? Claim No
.....................
Take notice that your claim for the inclusion of your name in the
Additional Electoral Roll will be heard at ..
..................
-(Place) at
..................................................... O’Clock .
” on the
day
of.............................. 19
You are directed to be present at the hearing with such evidence as ypu
may like to adduce.
Place
.............
Dlte
Electoral Registration Officer.
Original (To be served on’the claimant)
'.

24
FORM 13
Notice of hearing of a claim.
(Full name and address of claimant)
To

Reference Claim No. .■ .............
Take notice that your claim for the inclusion of your name in the
Additional Electoral Roll will be heard at
..............
(Place) at
.. ................................ O’clock
on
the.
day
of
............ 19.... You
are
directed to be present at the hearing with such evidence as you may
like to adduce.
Place...-.............. ...............
Date
..'
Electoral Registration Officer.'

Certificate of Service of Notice
Received notice of the date of hearing.
Date....
Claimant
Certified that the notice on the claimant has been duly served by me
this
day of
?
..................................................... ...on
(Name)
■
personally/by affixation on residence.
Place..,.............. .'
Date
Serving Officer.
N.B.—If this notice is served by Post, attach receipt here.

(Diplicate Office copy)

,
To

FORM 14
(See Rule 18)
Notice to the Objector

1

'

(Full name and address of objector)
Reference-Objection No
Take notice that objection to the inclusion of the name of
........ in the additional electoral
roll will be heard at
(place) at...
O’Clock on the
...................... day
of
19-You are directed to be present at-t’he hearing with such evidence as you
may like to adduce. ,
.
Place
-Date
..............
’Electoral Registration Officer.

25
FORM 14
Notice t0 the Objector
'

Original (to be served on the objector)
.To

(Full name and address of objector)
Reference— Objection No
i . . . .Take-notice that your objection to. the inclusion of the name o^
................................................
,
in the additional
electoral roll will bc heard at
........ (Place) at
..
O’clock on the
day of.
L .. .19..
You are directed to be present at the hearing with such evidence as you
may like ’to adduce.
Place.
Date....:

Electoral Registration OfficerCertificate of Service of Notice-

\

(Received notice of the date of hearing)
Date
........................
Objector
Certified that the notice on the.objector has been duly served by
me this
...day
of
on (Name).................................... .................
personally/by affixation on residence on.

Place
Date.

..........................
•••

Serving Officer

M g : _lf this note is served ciby post, attach the receipt here.

...

26
FORN1 15 '

(See rule 18)

...........................................

Duplicate (Office copy)
To
(Full name and address of person objected to)

•

.............

. Reference : Objection No................................ ■ • •
Take notice that the objection to the inclusion of your name a1
Serial No
in part
. of the additional electfal roll
for....
Constituency filed by
...
(Full name and address of objector)
: ......................................
Will be heard at
(Place) at
.. .O’clock on the
day of
19
you are directed to be
present at the hereing with such evidence as you like' to adduce
The objection (in brief) are
(a)
.
(b)
,
(«)
Place
Date
Eiectrol Registration O^cer.

FORM 15
(See Rule 18)..
Original.
(To be served on person objected to)

To
• .
' (Full name and address of the person objected

.................

■Reference
Objection No................................ ;
The notice that the objection to the inclusion of your name at Serial
No................. in part...-........ of the additional electoral roll for.
Constituency filed by
...........................
Constituency filled by....
......................

27
(Full name and
■.............................. address.of objector
........................ •................ will be heard at.
(Place) at
■
O’Clock on the
day of
.............. 19
you are directed to .be present at the hearing
with such evidence as you may like to adduce. The grounds of objection
(in brief) are’

Place. ........

, Date

Electoral Registration Officer.

Certificate of Service of Notice

Received notice of the date of hearing.
Date
.-............
Person objected to
Certified that the notice on the person, the entry relating to whcse
name has been objected to, has been duly served by me this..
....
..day of
.......................... on (name)
.............
Personally/by affixation oh residence.
Place.....
Date

,...

Serving Officer.
FORM 16

Duplicate
(Office copy)

(Se<? Rule 18)

Notice*of Hearing of an Objection to Particulars in an Entry -

A

To

...

(Full name and
address of the
................
objec o )
Reference: Objection No.

Take notice that your objection to certain particikrs in the entry
relating, to you will be heard at...................................................... (Place)
t
.. .O’Clock on the.
........................ ......................dayof
.................
19.... You are directed.to be present
a; the hearfng with such evidence as you may like to adduce.

Place
Date.

...................

Electoral Registration Officer.

28
FORM 16

Original

(To be served on
the objector)
Notice of Hearing of an objection to Particulars in an Entry

•To
(Full name and
:............................
address of the .. ■.................... ............................
objector)
.......... • •; • • ■■................... '•
Reference:—Objection No........................
Take notice that your objection to certain particular in the entry
relating to you will be heard at...
(Place)
at
O’clock on the
day of
19
You are directed to be present
at the hearing With such evidence as you may like to adduce.
' Place.......................... •
Date ...............
Electoral Registration Officer.
CERTIFICATE OF SERVICE OF NOTICE
Received notice of the date of hearing
Date..'.
.............
’
x objector
Certified that the notice on,the objector has been duly served by
me this
day of
on
(name)
persOnally/by affixing on
residence;
. P lace.Date

..............
Serving Officer.

N.B.:—If this notice is served by post, attach the receipt here.

FORM 17
{See Rule 22)
Notice of Final Publication of Additional Electoral Roll
It is hereby notified for public information that the list of amend
ments to the draft additional electrol roll for the
C > 1’tituefley has been prepared in accordance with the Karnataka
Zilla Pirishads, Taluk Panchayat Samithis, Mandal Panchayats and
Nyaya Panchayats (Preparation of Additional Electoral Roll(Rules,
1985 and a copy of the said roll together with the said list Amendment0

has been published and will be availabkfcr inspecF'cn.at my office.
Place
Date

Electoral Regiatration Officer,
(Address') .................
...................

..

29
FORM 18
(See Rule 25)

Application for Transposition of an entry in the Additional
Electoral Roll
To

The Electoral Registration Officer.
............................................. '. iConstitutency.
Sir1
1 submit that the entry at Serial no.
in Part No
of the additional electoral roll of theabove mentioned constituency
relating to (myself namely
......................................
Son/ wife/daughter
of
.......................... :... .should be
^transposed to Part No.....
of this additional! electoral roll
because »I have/the said elector has changed *my/his/her place of
oridinary residence to................................ .which is within the
same constituency.
t
I declare that I am-an voter of this Constituency enrolled at S<rit I
in Part No
of the additional electoral roll.
SignatureiThumb Impression of
4
‘
Applicant
(Full Postal Address')

Place....
'■
............................
Date........................... ,,
•••■................. . ....................................
Note : Any person who makes a statement or declaration which is false
or which her either knows or believes to be false or dees no
believe to be true is punishable under rule 27 of the
♦Karnataka Zilla Parishads, Taluk Panchayat Samiihi
Man'dal Panchayats and Nyaya Panchayats (Preparation
of Additions l Electoral'Roll) Rules, 1985,
* Strike out the inappropriate words

30
FORM-19
(See Rule -25>

APPLICATION FOR DELETION OF ENTRY IN THE
ADDITIONAL ELECTORAL ROLL
To

The Electoral Registration Officer,
................ ............... Constituency.'
Sir,

■
I submit that the entry at SerialNo:
in Part’No
of the, additional electoral roll for the above mentioned constituency
relating to Sri/Smt....
........ *son/wife/daughter
-of
requires to be deleted as the said person
*dead/is ’no longer ordinarily resident in this locality/is not entitled
to be registered in the additional electoral roll for the following
reasons:
'

I hereby declare that the facts mentioned' above are true to the
best of my knowledge and belief.
I declare that.I am an voter of this Constituency enrolled at
Serial No.. ........................ in part No.. ................. of the roll.
Signature/Thumb -impression of Objector
(full postal address)
Place.,
,.........
.
......
Date..................
....
Note.^Any person who makes a statement or declaration which
is false or which he either knows or believe to be false or does not
believe to be 'true is punishable, under rule T1 of the Karnataka Zilla
Parishads, Taluk Panchayat Samithis, Mand,al Panchayats, Nyaya
Panchayats (Preparation of Additional Electoral Roll) Rules, 1985.

♦Strike out the inappropriate words.
By Order and in the name of the Governor of Karnataka,
(AMRUTHAPPA PATIL)

cr.S-R. No. 207

‘

Deputy Development Commissioner and
Ex-officio Dy. Secretary to Govt.,
Rural Devt. & Panchayat Raj Dept.

crimed by the Director »f Printlcs. Sty. * Pubtaa. at the Govt. Prase. BTswa

O

Towards a People-oriented Alternative
Health Care System
Ravi Narayan
A ‘People-oriented’ alternative health care system cannot be
just a new package of actions, or a new technology fix. It has to
be a new vision of health care, a new attitude of mind, a new
value orientation in health action intertwined closely with
efforts to build an alternative socio-political-economic-cultural
system in which health can become a reality for all people.

It has been the field experience of many that the existing health
care system in India does not meet the needs of the large majority of
the people in the country. There are many reasons for this situation.
Firstly, the present model based on the ‘western-technologicalinstitutional model’ of health care is too costly and efforts to duplicate
if have meant that we can develop much less of it with our constraints
on resources.
Secondly, the present model relies too heavily on expensively
trained doctors and nurses and other para-professional workers, who
by the very nature and culture of their training are the least likely to
work in disadvantaged areas, be they rural, urban slums, or tribal
regions where most of the people reside. Hence there is a continued
shortage of humanpower in situations which need them the most.
Thirdly, the system is too closely linked to a rapidly growing
medicaljindustry of drugs, equipment, technology which, because of its
preoccupation with growth and profits, has developed a vested interest
in ‘the abundance of ill health’ and in the medicalisation of health it
self. The proliferation of drugs, capitation fees—medical colleges, high
technology, private diagnostic centres, corporate sector hospitals are all
indications of this trend.
Dr. Ravi Narayan is Coordinator of the Community Health Cell,
Bangalore.

alth CELL
community he
t. Mariei Ao ad
fl7n.(F‘rStf’°Orle
gANGAi-OBE .560 001

230

SOCIAL ACTION VOL 39 JULY-SEPTEMBBR 1989

Fourthly, the system, having developed in a different historical
and socio-cultural milieu, is cut off from the health culture of the
people. It looks upon traditional healers and birth attendants, herbal
and home remedies, indigenous systems of medicines and their
practitioners and the folk medical culture of the people, as superstitious
remnants of an earlier era, waiting to be replaced by the so-called
‘rational scientific western system’.
Fifthly, the system looks at health in a very myopic way,
concentrating on the physical and biological dimensions, paying
lip service to the mental/psychological dimension and mostly ignoring
the social, cultural, political, economic and ecological dimensions. The
focus is on ‘diseases’ and ‘syndromes’ rather than on the way of life
or social processes in the community that cause ill health. The system
also has a built-in prejudice of looking at problems in an individual
istic sense rather than analysing them in a community and collective
context.
Sixthly, the system is highly professionalised and mystified with
its knowledge being compartmentalised in specialities and fully under
the control of professionals. There is a built-in resistance to transfer
of knowledge and skills down the line within the hierarchy of the
health team itself.
Seventhly, the medical system undermines the autonomy of
individuals, groups and communities by not increasing the common
knowledge of health and by promoting an ‘economy of created needs’.
In addition, the planners of the system thrust top-down, vertical
package of services, be they curative, preventive or promotive in nature,
on the community.
Finally, the people who use the system are seen primarily as
beneficiaries and consumers rather than as participants of a joint
effort (by professionals and patients) to build health.

When such a ‘health system’ with the built-in contradictions
outlined above is transplanted and developed in an inequitous social
system such as ours, in which class, caste, money and power determine
accessibility, availability and affordability of services, then it is not
surprising that the large majority of the people who are either
marginalised or disadvantaged, live below the poverty line—dalit or
tribal groups are left out of it. Not having-control over the means,
opportunities, knowledge, organisations and supportive services that
make health possible, the large majority of the people do not utilise or
participate in such a system. It is in this sense that the existing system
is not people-oriented. What then is an alternative?

PEOPLE-ORIENTED HEALTH CARE SYSTEM

231

Towards an alternative: The Search
Since the late 1960s a large number of initiatives and projects
have emerged outside the governmental system by individuals and
groups keen to adapt ‘orthodox health care’ to our very different social
realities. Doctors, nurses, health and development activists, social
workers and others pioneered micro-level community-based projects
that gradually moved beyond medical care to a host of activities and
programmes that were geared to making health care more relevant to
people’s needs. These individuals and groups, in fact this whole
‘movement’ if it can be called such, is marked by its diversity in
ideology, background social analysis and perception of the develop
mental process, funding, conceptions of their individual roles and their
knowledge of medicine/health itself. However there were many
common perceptions as well engendered by the situation in India:
—All of them were aware of the inadequate reach of the existing
services, so they reached out their efforts to more peripheral
areas.
—All of them moved beyond the ‘orthodoxy’ of pill distribution
by doctors and nurses to a wide range of health actions in
which para-medicals, health auxiliaries and community-based
health workers were involved.

—In all these projects much of the health action was invariably
planned at the community level involving existing leadership
and community organisations of the village and most sections
of the people.
— Invariably most of them added preventive and promotive
dimensions to their health work and some went further on to
integrate health with developmental programmes focusing on
agriculture, income generation, water supply and formal and
non-formal education.

—However, since each of them were creatively responding to
the special situation and issues relevant to their area be it a
caste village, a tribal region or an urban slum, they also
developed and explored other components of health action.
Towards an Alternative: The Evolving Perspectives

Some of us have been spending the last few years informally
studying these experiences, programmes and approaches, trying to
understand their dynamics and trying to build a new perspective,
emerging from the collectivity of the experience and basing it on the
successes and failures of these, numerous, micro-level health action

232

SOCIAL ACTION VOL 39 JULY-SEPTEMBER 1989

projects. Our study reflections have led to the identification of the
following ‘action’ components of the emerging alternative.
Integrating health action with developmental welfare and educational
activities: some examples

Banwasi Seva Ashram (Govindpur, -Uttar Pradesh) had a
health and family planning programme which is integrated with its
other programmes which include agricultural extension, dairy, village
industries, education, gram kosh (revolving village fund) and social
justice programmes.
RUHSA Project (Kavanur, Tamilnadu) has developed a compichensive health and family welfare project along with adult education,
vocational training, community organisation, income generation,
agricultural development and agro-support services.
VGKK Project (B.R. Hills, Karnataka) evolved a programme
of health care along with programmes of community organisation,
education, cottage industries, vocational training and adult education
for the Soliga tribals of that region.
Streehitakarini (Bombay, Maharashtra) working in the slums
of Bombay included among its activities maternal and child health and
family welfare, non-formal education, female literacy programme,
income generation programmes, creches for under fives and small
savings schemes.

Integrating curative with preventive, prontotive
activities in health action: some examples

and rehabilitative

The VHS Project (Adyar, Tamilnadu) evolved the mini-health
centre scheme which included maternity services, child welfare,
nutrition, family welfare, minor ailment treatment, communicable
disease control and health records and data system.
AWARE (Telengana, Andhra Pradesh) has a health programme
which includes maternal and child health and nutrition, health
education, environmental sanitation, disease control and a floating
health centre catering to 300 villages along the banks of the Godavari.
m .
R°ngb‘li° health Project (24 Parganas, West Bengal) has a
erna an child health care programme along with minor ailment
treatment, and programmes for family welfare, housing, safe drinking
water, sanitation, communicable disease control and health education.
though most projects developed a ‘health package’ not very
Ind f^m
Pr'mary Hcallh Centre Package of the Government
activit : hii T'tn dl,rercncc was that, in these projects there was
activity m all the components and they were not pre-occupied with the

PEOPLE-ORIENTED HEALTH CARE SYSTEM

233

Family Planning component as the government health centres are
doing today. There was also a qualitative difference in the type of
services.

Experimentation and development of low-cost appropriate ’technology
— Many projects evolved simple kits for traditional birth atten
dants to ensure that they were able to conduct hygienic home
deliveries.

—Many projects evolved simple, locally produced health education
materials using local ideas and art skills. Others evolved simple
record keeping materials that could be used even by illiterate
village workers using simple diagrams and signs.
—The promotion and incorporation of herbal and home remedies
was a common response.
—Preparation of local food mixes and home-based oral rehydration
solutions are additional examples of this search for ‘technolo
gical appropriateness*.
Recognition, promotion and utilisation of local health resources: some
examples

Miraj Project (Maharashtra) trained indigenous dais, village
health aides and established liaison with untrained practitioners
of Ayurvedic medicine, bone setters and registered medical practitioners
without formal training working in the area.
VGKK (BR Hills, Karnataka) worked hot only with 'dais but
explored the use of traditional herbal medicines as well.
Tilonia Project (Rajasthan) involved indigenous medical practi
tioners and dais in implementing their programme along with village
health workers.
Deenabandhu Project (Tamilnadu) incorporated the use of herbal
remedies, acupressure and massage in their health care programme
and have been one of the enthusiastic proponents of this dimension.

Training of village based health cadres
Jamkhed Project (Maharashtra) pioneered the training of
village health workers—local, illiterate, middle aged women—who
became the front liners of their programmes which included maternal
and child health, nutrition, immunisation, family welfare services,
control of communicable diseases, safe water and health education.
The Rehbar-I-Sehat Programme (Korbhalwal, Jammu & kashmir)
trained teachers of village schools as primary health care guides.

SOCIAL ACTION VOL 39 JULY-SEPTEMBER 1989

234

Local workers were trained in most projects and they took
several interesting names e.g.,

Swasthya Mithras (Banawasi Sewa Ashram, UP)
Link Workers (CLWS Scheme, UPASI, Coonoor)
Lay first aiders (VHS, Adyar, Tamilnadu)
Community Health Volunteers (SEWA-Rural, Gujarat)
Gram Svasthikas (Indo-Dutch project, Somajiguda, Andhra)
Family Care Volunteers (RUHSA, Tamilnadu)

Organising

and involving

community

organisations

like Mahila

Mandals and Farmers' Associations

Child-in-Need Institute (Daulatpur, West Bengal) organised its
maternal and child health programmes and balwadis by involving
Mahila Mandals (women’s associations) in the slums and villages of

Calcutta.
Kottar Community Health Project (Kottar, Tamilnadu) initiat
ed the whole health programme in conjunction with the evolution of
Mahila Manrains (women’s organisations) which have taken gradual
charge through an ongoing programme of decentralisation. Over a
hundred registered village women’s organisations pay and support over
two hundred village health guides and animators.
Jamkhed (Maharashtra) evolved and involved young farmers
clubs in the planning and organisation of services.
Bodokhoni Project (Orissa) evolved its programmes of health,
adult education, grain bank, savings scheme, goat rearing, non-formal
school for children etc. with the participation of Gramya Sangha
(men’s organisation) and Mahila Sangha (women’s organisation)
Community participation in decision making

Most of the projects involved existing and or newly evolved
community organisations or representative health/development com
mittees in their organisation and planning exercises. The village
health committee was an important component.
The ongoing process was difficult since involving all sections of
the community, especially the marginalised elements, was not easily
possible. Also project staff had to learn to treat community members
as equals and learn from their local culture and experience and not
impose ideas from outside. Different projects have evolved this dimen
sion to different extents depending on their ability to handle the above
two problems.

PEOPLE-ORIENTED HEALTH CARE SYSTEM

233

Family Planning component as the government health centres are
doing today. There was also a qualitative difference in the type of
services.

Experimentation and development of low-cost appropriate 'technology
—Many projects evolved simple kits for traditional birth atten
dants to ensure that they were able to conduct hygienic home
deliveries.

—Many projects evolved simple, locally produced health education
materials using local ideas and art skills. Others evolved simple
record keeping materials that could be used even by illiterate
village workers using simple diagrams and signs.
—The promotion and incorporation of herbal and home remedies
was a common response.
—Preparation of local food mixes and home-based oral rehydration
solutions are additional examples of this search for ‘technolo
gical appropriateness’.
Recognition, promotion and utilisation of local health resources: some
examples
Miraj Project (Maharashtra) trained indigenous dais, village
health aides and established liaison with untrained practitioners
of Ayurvedic medicine, bone setters and registered medical practitioners
without formal training working in the area.
VGKK (BR Hills, Karnataka) worked not only with dais but
explored the use of traditional herbal medicines as well.
Tilonia Project (Rajasthan) involved indigenous medical practi
tioners and dais in implementing their programme along with village
health workers.
Deenabandhu Project (Tamilnadu) incorporated the use of herbal
remedies, acupressure and massage in their health care programme
and have been one of the enthusiastic proponents of this dimension.

Training of village based health cadres
Jamkhed Project (Maharashtra) pioneered the training of
village health workers—local, illiterate, middle aged women—who
became the front liners of their programmes which included maternal
and child health, nutrition, immunisation, family welfare services,
control of communicable diseases, safe water and health education.
The Rehbar-I-Sehat Programme (Korbhalwal, Jammu & Kashmir)
trained teachers of village schools as primary health care guidbs;

SOCIAL ACTION VOL 39 JULY-SEPTEMBER 1989

234

Local workers were trained in most projects and they took

several interesting names e.g.,
Swasthya Mithras (Banawasi Sewa Ashram, UP)
Link Workers (CLWS Scheme, UPASI, Coonoor)
Lay first aiders (VHS, Adyar, Tamilnadu)
Community Health Volunteers (SEWA-Rural, Gujarat)
Gram Svasthikas (Indo-Dutch project, Somajiguda, Andhra)

Family Care Volunteers (RUHSA, Tamilnadu)

Organising

and involving

community

organisations

like Mahila

Mandals and Farmers’ Associations
Child-in-Need Institute (Daulatpur, West Bengal) organised its
maternal and child health programmes and balwadis by involving
Mahila Mandals (women’s associations) in the slums and villages of
Calcutta.
Kottar Community Health Project (Kottar, Tamilnadu) initiat
ed the whole health programme in conjunction with the evolution o
Mahila Manrams (women’s organisations) which have taken gradua
charge through an ongoing programme of decentralisation. Over a
hundred registered village women’s organisations pay and support over

two hundred village health guides and animators.
Jamkhed (Maharashtra) evolved and involved young farmers
clubs in the planning and organisation of services.
Bodokhoni Project (Orissa) evolved its programmes of health,
adult education, grain bank, savings scheme, goat rearing, non-forma
school for children etc. with the participation of Gramya SangM
(men’s organisation) and Mahila Sangha (women’s organisation)
Community participation in decision making

Most of the projects involved existing and or newly evolved
community organisations or representative health/development coni
mittees in their organisation and planning exercises. The village
health committee was an important component.
The ongoing process was difficult since involving all sections of
the community, especially the marginalised elements, was not easily
possible. Also project staff had to learn to treat community members
as equals and learn frota their local culture and experience and not
impose ideas from outside. Different projects have evolved this dimen
sion to different extents depending on their abilitv to handle the above
two problems.

PEOPLE-ORIENTED HEALTH CARE SYSTEM

235

While many of them have involved the community at various
levels of the planning cycle, decisions about funding and evaluation
arc two dimensions still not generally decentralised.
Tapping localfinancial, manpower and other resources

The Mallur Dairy Cooperative (Karnataka) supported its health
project through a health cess on production of milk, generating
adequate resources to pay for the health team and most of the health
care supplies. Over the years the cooperative established a health
endowment scheme which paid for the basic services.
The RAHA Projects (Madhya Pradesh) developed a medical
insurance scheme which provided medical cover through a network of
three base haspitals and 47 rural health centres.
The Kottar Project (Tamilnadu) built up a local contribution
from the beneficiaries to support village health guides scheme. Other
forms of local support apart from direct payment for services included
health savings scheme, festival donations, grain banks, accommodation
for clinics and programmes, voluntary labour and building materials,
services by volunteers, village health fund and so on.

Would these Eight 'Action Components’ Taken Together Constitute a
People-oriented Health Care System?
Many alternative health care enthusiasts and activists would
have us think so? The ICMR organised two meetings on alternative
health care approaches, to identify new perspectives from the Indian
experience. The list of components that emerged in these meetings
were not dissimilar.

The ‘Social Process’ Dimension
Our study reflections show however that these are important
components of the alternative people-oriented health care system but
are basically in the category of technical and managerial innovations.
There is another whole set of issues and dimensions which can be
called'social process’ components which help the above approach to
become more people-oriented. Often these issues are neglected or ill
understood by health action initiators so that even though the goal of
the initiated process is to build a health system with the participation
of all, this objective gets somewhat derailed in the ongoing process.
To understand these process components, one has to first understand
some important characteristics of our social reality as well as of the
health care system that is existing and dominant.

PEOPLE-ORIENTED HEALTH CARB SYSTEM

237

If we wish to build a health system with the partnership of
all people including the illiterate and dispossessed, then health team
members need to have experienced some features of this new ethos in
their own team functioning itself. Building democratic, decentralised,
participatory and non-hierarchical decision-making processes within
the health team become as important as introducing these elements in
the interaction between the health team and the people.
Learning from local knowledge
Thirdly, there is need to recognise that there are numerous
cross-cultural conflicts inherent in transplanting a western medical
model on a non-western culture and hence exploring integration of
medical traditions and cultures in a spirit of dialogue is very important.
This means often; more than involving the local dai or healer in the
health programme. It means learning from their knowledge and
experience and cross fertilising it with what is already known in the
more dominant and rational medicine. In this process, however, one
should also not allow a sense of romanticism about traditional or
indigenous systems of medicine making us uncritical of some of their
inherent values which may be similar to those of the dominant allo
pathic system. The relevance to the life of the poor must be an
important criterion in the dialogue and integration process. It also
means looking at the dominant western model with a more critical
focus rejecting all that is non-science and or anti-people in it.
Understanding societal processes

Finally, a people-oriented health system would help the people
to understand and appreciate the deeper links that ill health has with
societal processes so that health action could move towards wider
social issues and movements to enable people to demand health as
their right as well as to increase their autonomy—both individual and
collective—over health and organisations, means, opportunities, skills,
knowledge and supportive structures that make health possible. A
people-oriented health system would therefore have a strong dimension
of empowerment.
Is this Social Process Dimension and Value Orientation in Health
Action being Taken Seriously Today?
Our study-reflections show that this awareness is gradually
evolving as serious groups and committed project initiators subject
their action to a critical evaluation in the context of an ongoing social
analysis. For example,

SOCIAL ACTION VOL 39 JULY-SEPTEMBER 1989

2J8

• The Deenabandhu Project (Tamilnadu) reports two emerging policy
changes in their project which symbolise the recognition of these

dimensions;

(i)

A shift of the programme from its initial focus on total
community—rich and poor alike to a focus on the target
group of the powerless—the landless and the dalits.
(ii) Introduction of a comprehensive account of the nature of
poverty and its relationship to ill health, the unjust distribu
tion of land, oppression in the name of religion and other
factors in the women village health workers’ training
programme to instill in their mind the class nature of ill
health.
•ARCH Mangrol (Gujarat) records its experience of working among
the marginalised poor in the eastern belt of Gujarat and the movement
of their efforts from health of women and poor children to organising
the poor tribal villagers to challenge the unjust rehabilitation pro
gramme for villagers losing their homelands due to the Narmada dam
project.

•The Bodokhoni Project (Ganjam, Orissa) records the journey of its
health animators in helping the people to move from a magical under
standing of their problems to a critical one so that they can strike at
the root causes. Diarrhoea is not treated only with ORT but the
villagers marched to the block development office to demand a well as
a right of the citizens of India and then, when materials and resources
were made available, dug collectively their own well as a symbol of
their unity and mutual concern.
•Community Health Programme (Pachod, Maharashtra) records its
efforts in participatory management which emplies a redistribution of
power to take decisions and is convinced that this process can increase
health awareness, effect community reflection and increase demand on
health services apart from contributing to social change.
•Miraj Project (Maharashtra) records that due to its efforts in training
all health workers of various religions and castes together and with
ta
thfe*. mea's t0Sether, the age-old caste system is breaking down
and the dais from the dalits (low caste) are called upon by upper caste
Hindu women to conduct deliveries.
•The Medico-Friends Circle, a national network of doctois and health
activists stands for the demystification of medicine, democratic
ecentralised team functioning, active community participation, medical
practice built on humane values and equality and firmly opposes the
negative unhealthy values of our society whidh include glorification of

PEOPLE-ORIBNTBD HEALTH CARE SYSTEM

239

money and power, division of labour into manual and intellectual
workers, domination of men over women, urban over rural, foreign
over Indian,
•The Community Health Training Team of the Catholic Hospital
Association of India (Secunderabad) defines community health as ‘a
process of enabling people to exercise collectively their responsibilities
to maintain their health and to demand health as their right’. Thus it
goes beyond mere distribution of medicines, prevention of sickness and
income generating programmes. Its training programmes for middle
level workers are therefore based on this perspective.

•The ‘Mandwa Project’ (Maharashtra) recounts that its experiment of
training semi-literate village women as health workers was opposed
by local powerful rich leaders and the government health personnel
since they demonstrated results superior to those of the professionals,
demystified health and reduced people’s dependency. This resulted in
loss of practice in the private sector, created surveillance and brought
accountability in a normally unaccountable public sector. The power
ful leaders were fearful of an alternative power structure developing
through the project.
All these examples taken together show that this social process
dimension is beginning to be taken seriously by many groups and there
is a move away from developing isolated models to locating the
initiative in a local socio-political cultural context.
It mus be recognised at this stage that most of the health-action
initiators in the NGO/Voluntary sector do not set out in their explora
tion of an alternative health care process after a thorough societal
analysis or a critical analysis of the political economy of existing health
and health care services. Much of the innovation and creativity is
therefore of an ad hoc nature, action and ideas evolving by trial and
error. There is, on the other nand, a lot of aberrations as well due to
this initial lack of understanding of ‘health in society’. This aberration
manifests itself in many ways.
(I)

A gradual conversion from focus on the poor and indigent
to a preferential option for the well-to-do and paying
patient.

(2)

A promotion of a'distribution service and not the evolution
of an enabling empowering service.

(3)

Increase in size, bureaucracy, compartmentalisation, overprofessionalisation and hierarchical decision-making cut off
from the lives of the poor.

SOCIAL ACTION VOL 39 JULY-SEPTEMBER 1989

240

(4)

A preoccupation with targets and records, numbers,
efficiency and cost effectiveness rather than a focus on
indices of equity, participation, quality of services and
health abilities of the local people.

This is inevitable when health action is not located in a wider
socio-political-economic-cultural analysis of society and is a great
danger faced by all those who begin this exploration today. Moreover,
all those who begin this search today invariably emerge out of the
educational and health system which are themselves not geared to a
people’s orientation. Therefore an attitudinal change and a value
re-orientation become pre-requisites though not always easy.
Conclusion
This short exploration highlights some of the action dimensions
of the search for a people-oriented health system in India. It also
highlights some of the social process dimensions that need to be
recognised by health action initiators to ensure that the project/process
that evolves through their effort does not lose its people-orientation
somewhere along the way.
The examples given are a small selection from the wealth of
experience and reflections emerging in the country in the last two
decades. The main plea of this paper is that the quest for a peopleoriented health system must not become a quest for a new package of
actions or a new technology fix.

It has to be a new vision, a new attitude of mind and a new
value-orientation in health action intertwined closely with efforts
to build an alternative socio-political-economic-cultural system
in which health can become a reality for all people.

A MOVEMENT NOT A PROJECT
A MEANS NOT AN END

PBOPLB-ORIBNTBD HEALTH CARB SYSTEM

239

money and power, division of labour into manual and intellectual
workers, domination of men over women, urban over rural, foreign
over Indian.
•The Community Health Training Team of the Catholic Hospital
Association of India (Secunderabad) defines community health as ‘a
process of enabling people to exercise collectively their responsibilities
to maintain their health and to demand health as their right’. Thus it
goes beyond mere distribution of medicines, prevention of sickness and
income generating programmes. Its training programmes for middle
level workers are therefore based on this perspective.
•The 'Mandwa Project’ (Maharashtra) recounts that its experiment of
training semi-literate village women as health workers was opposed
by local powerful rich leaders and the government health personnel
since they demonstrated results superior to those of the professionals,
demystified health and reduced people’s dependency. This resulted in
loss of practice in the private sector, created surveillance and brought
accountability in a normally unaccountable public sector. The power
ful leaders were fearful of an alternative power structure developing
through the project.
All these examples taken together show that this social process
dimension is beginning to be taken seriously by many groups and there
is a move away from developing isolated models to locating the
initiative in a local socio-political cultural context.

It mus be recognised at this stage that most of the health-action
initiators in the NGO/Voluntary sector do not set out in their explora
tion of an alternative health care process after a thorough societal
analysis or a critical analysis of the political economy of existing health
and health care services. Much of the innovation and creativity is
therefore of an ad hoc nature, action and ideas evolving by trial and
error. There is, on the other nand, a lot of aberrations as well due to
this initial lack of understanding of ‘health in society’. This aberration
manifests itself in many ways.
(1) A gradual conversion from focus on the poor and indigent
to a preferential option for the well-to-do and paying
patient.
(2)

A promotion of a'distribution service and not the evolution
of an enabling empowering service.

(3)

Increase in size, bureaucracy, compartmentalisation, overprofessionalisation and hierarchical decision-making cut off
from the lives of the poor.

SOCIAL ACTION VOL 39 JULY-SEPTEMBER 1989

240

(4)

A preoccupation with targets and records, numbers,
efficiency and cost effectiveness rather than a focus on
indices of equity, participation, quality of services and
health abilities of the local people.

This is inevitable when health action is not located in a wider
socio-political-economic-cultural analysis of society and is a great
danger faced by all those who begin this exploration today. Moreover,
all those who begin this search today invariably emerge out of the
educational and health system which are themselves not geared to a
people’s orientation. Therefore an attitudinal change and a value
re-orientation become pre-requisites though not always easy.
Conclusion

This short exploration highlights some of the action dimensions
of the search for a people-oriented health system in India. It also
highlights some of the social process dimensions that need to be
recognised by health action initiators to ensure that the project/process
that evolves through their effort does not lose its people-orientation
somewhere along the way.

The examples given are a small selection from the wealth of
experience and reflections emerging in the country in the last two
decades. The main plea of this paper is that the quest for a peopleoriented health system must not become a quest for a new package of
actions or a new technology fix.
It has to be a new vision, a new attitude of mind and a new
value-orientation in health action intertwined closely with efforts
to build an alternative socio-political-economic-cultural system
in which health can become a reality for all people.

A MOVEMENT NOT A PROJECT
A MEANS NOT. AN END

PEOPLB-ORIBNTED HEALTH CARB SYSTEM

241

REFERENCES

Though no references have been given in the paper, apart from our
field experience, following readings have influenced our analysis. These
additional readings can be of use also to the reader.

Antia, Noshir H. “The Mandwa Project: An Experiment in Community Parti
cipation.” International Journal of Health Services 18 (n.l, 1988), pp.
153-164.

Arole, Rajanikant. “Comprehensive Rural Health Project, Jamked, India,"
Contact 10 (August 1972).

Banerji, D. Formulating an Alternative Rural Health Care System in India:
Issues and Perspectives (New Delhi: Centre of Social Medicine and
Community Health, Jawaharlal Nehru University, 1976).
Bang, Abhay and Ashvin J.Patel (eds.). Health Care: Which Way to Go ?
Examination of Issues and Alternatives (Pune: Medico-Friends Circle,
1982).
CHC. Community Health: The Search for an Altereative Process—Report of a
Study~Reflection-Action Experiment (Bangalore: Community Health
Cell, 1987).
ICMR. Alternative Approaches to Health Care (New Delhi: Indian Council of
Medical Research, 1976).
. Evaluation of Primary Health Care Programmes (New Delhi: Indian
Council of Medical Research, 1980).

. Health for All: An Alternative Strategy—Report of a Study Group Set
Up Jointly by Indian Council of Social Sciences Research and Indian
Council of Medical Research (Pune: Indian Institute of Education, 1981).

. "Health and Power to People: Theory and Practice of Community
Health,” Medical Service 43 (n.2, Feb.-March 1986).
John, Hari and Prem Chandran. "We Learn through Our Failures: The Evolu
tion of a Community-Based Programme in Deenabandhu,” Contact 82
(December 1984).
Kukreja, Neera (ed.). Anubhav: Experience in Community Health—Anubhav
Series (No. 1-12) (New Delhi: The Ford Foundation, 1987-1988).
Medico Friends, Circle Pamphlets (Pratapgarh, Rajasthan).

Narayan, Ravi. “Community Health: The Quest for an Alternative” in Walter
Fernandes (ed), Development with People: Experiments with Participation
and Non-Formal Education (New Delhi: Indian Social Institute, 1985),
pp. 67-82.
."Towards a Paradigm Shift—A Viewpoint from Community Health
Cell,” Link 7 (n. 2, August-Sept., 1988), pp. 22-25.

242

SOCIAL ACTION VOL 39 JULY-SEPTEMBER 1989

Patel, Ashvin J. (ed). In Search of Diagnosis: Analysis of the Present System of
Health Care\Punc: Medico-Friends Circle, 1977).

Ram, Eric R. “Realisation of an Integrated Health Services Programme in
Rural India,” Contact 44 (April 1978).

Rao, Jaia, S. Kamla and Ashvin J. Patel (eds). Under the Lens—Health and
Medicine (Pune: Medico-Friends Circle, 1986).

Satyamala, C., Nirmala Sundaram and Nalini Bhanot. Taking Sides: The Choices
Before the Health Worker (Madras: Asian Network for Innovative
Training Trust, 1986).
Volken, Henry, Ajoy Kumar and Sara Kaitbathara. Learning from the Rural
Poor: Shared Experience of the Mobile Orientation and Training Team
(New Delhi: Indian Social Institute, 1982).

Ann. Natl. Acad. Med. Sci. (India), Vol. 23, No. 2, April-June, 1987

Medical and Non-Medical Dimensions of Health*
N. H. Antia

At Independence, India was indeed fortunate in having two of the most
far-sighted documents ever produced for the health of our people. Though
undertaken by two entirely different committees, namely, the National Planning

Committee (N-P.C.) and the Health Survey Development Committee (Bhore),
their reports were remarkably similar even though they represented such diverse
interests as those of the Congress and of the British rulers- Since 92% of the
people lived in the villages and small towns, both reports clearly stated that the
limited available manpower and resources had to be decentralized and function

as far as possible within the community, with the people as active participants.
Since the disease pattern was predominantly of a communicable nature, preven
tion had to have precedence over curative services. This was both cost effective
and could also provide a permanent solution to the perennial problem of diseases

like malaria, cholera and plague which not only produced suffering and death but

were a major hindrance to the economic development of the country. These
committees evidently drew inspiration from the example of countries like Britain.
(See Graph 1).

The Chadwick reform in the U.K. in the mid-19th century for the impro
vement of sanitation was the brainchild of a perceptive engineer and interestingly
was opposed both by the medical profession and the city fathers as a waste of
public resources. The remarkable improvement in the health of the British
nation and the marked reduction of the major communicable diseases even before

the discovery of their causative agents, as well as their virtual elimination before
the advent of vaccines and drugs, clearly demonstrates the importance and
superiority of non-medical interventions in the improvement of the health of a
nation.
It does not require scientific proof to realise that those who suffer from
chronic malnutrition and live under the appalling conditions of our villages and

slums are more susceptible to communicable diseases. Today this is compounded
•Academy Ortion 1986-87 delvcred on 4th April, 1987 at Delhi.

COMMUNITY HEALTH CELL
47/1, (First FloorlSt. Marks Road
BANGALORE-SCO 001

70

N. H. Antia

by the hazards of industrial pollution faced by those who migrate
cities.
(Graph I)

Whooping cough : death rates of children under 15. England and Wales

Measles : death rates of children under 15, England and Wales

to the

Medical and Non-Medical Dimensions of Health

71

(Graph 1 Contd.)

Respiratory tuberculosis : death rates, England and Wales

Scarlet fever: death rates of children under 15, England and Wales

The implementation of the above-mentioned reports was entrusted by the

founder fathers of our nation to the medical profession, a profession which was
dominated by the allopathic system of medicine and some of whose members

N. H. Antia
had participated in the struggle for independence.

This was the result of the

implicit faith placed in this profession that it' would dedicate itself to the better
ment of the health of the people and of the nation.

If we are honest with ourselves we have to admit that four decades later

we, as a profession, have failed to fulfil the faith placed in us. However, let us
not be over-repentafit for we as a part of the post-independence society have
failed to build a nation on the lines intended by those who fought and won free
dom for our country.

The vision of Gandhiji was of a state where everyone would be able to
live with dignity and free from fear and want, in a country which would be a

beacon of civilization for a world increasingly consumed by fear and terror and

where the lure of materialism would eventually transcend human values; of a
civilization which would be judged not by the wealth of the rich but by the care
and concern for the less fortunate. It is interesting to note that the vision of
Gandhiji was to a great extent similar to that of Mao Tse Tung in China in

that—
(i)

Health work had to be geared to the needs of the workers, and
peasants;

(ii)

Putting prevention first;

(iii)

Uniting doctors of both traditional and western medicine;

(iv)

Combining health work with mass movement.

The difference was in the faith they placed in those who would be entrust

ed to achieve these goals.

While Gandhiji’s vision of Trusteeship was more

humane and idealistic, subsequent events have proved Mao

Tse Tung to be the

pragmatist, for China under Chairman Mao implemented the Indian reports with
a marked improvement of the health of its people as compared to that of our

own country.
It is interesting to study the reasons for the marked disparity between the
present health status of China and India as shown in Table 2 since both countries

gained Independence at about the same period and started with similar problems.
Though both countries were the cradles of civilization with well-established indi
genous systems of medicine, their large and predominant rural populations were
steeped in poverty and disease. Drained of their vigour and wealth by imperia-

Medical and Non-Medical Dimensions of Health

73

Table II

India
(1950-52)

China

China
(1981-82)

Health Indicators
35

Infant mortality rate (Per 000)

134

—

121

Child (1-4) death rate (Per 000)

—

—

11

Crude birth rate (Per 000)

40

37

35

21

17

13

6.4

Crude death rate (Per 000)

27

2

Life expectancy at birth (yrs.)

32

—

52

67

Population growth rate (mill)

—

—

2.1

1.5

Total Population

361

542

742

1029

Living Standards

Literacy per cent

16.7

20

36

69

Foodgrains (gms/day) Per capita

384

542

450

669

13.4

-

Health Infrastructure

Per 10,000 population
No. of physicians

1.65

6.7

3.9

No. of nursing persons

0.23

0.6’

2.1

6

No. of hospital beds

3

1.5

7

21

Cultivated land (mill, hect)

119

141

143

144

Irrigated land (mill, hect.)

21

20

53

44.5

Total food production

55-

164"

850

407

Agriculture

(mill, tonnes)

N. H. Antia

74

list exploitation and internal dissension they had limited resources to solve the
multitude of problems with which they were beset. Both countries also had well
established nuclei of allopathic medicine, the legacy of the departed western
rulers.

Following independence China faced military threats from the United

States and Russia.

This not only placed an enormous drain on their scarce

resources but also cut them off from foreign aid and access to the latest advances
in western science and technology. India was more fortunate for it faced no

such threats, had substantial financial reserves left by the departing rulers and
had almost unlimited access to science and technology of the west. It also
received substantial foreign aid including that in the field of health.
China faced with what seemed almost insurmountable problems had no
option but to gird its loins and develop its intrinsic strength which lay in the
vastness of its population and faith in its ancient culture, in the field of health it

developed a decentralized approach very similar to that recommended by the
Bhore Committee, enlisted the people in the care of their own basic health,
popularly known as the barefoot doctor approach and with small county hospi
tals distributed all over the country. While using the simple readily avilable

knowledge of allopathic medicine, especially for the control of communicable
diseases, it encouraged its own traditional systems of medicine and helth care.
This Primary Health Care approach with its emphasis on prevention and educa
tion was supported by simple but effective decentralized curative services using a

combination of indigenous western systems of medicine.
Yet there is no doubt that the present health •status of the Chinese nation

is as much or more the result of the transformation of its feudal oppressive and
exploitative society to that of an egalitarian state. The resulting mobilization of
its human resources, not only in the field of medical care but also in areas

like the production and distribution of food so essential to health.

China with

less cultivated land produces 400 million tons of grain as compared to our 150
million tons; more important, it has ensured its equitable distribution. It has
also achieved over 70% literacy as opposed to our 36% and has raised the status
of its women.

It has also provided basic services and facilities like housing,

water supply and sanitation to all its people. Mobilization of the masses has
resulted in actions like eradication of the four pests, the clearing of snail infect
ed canals and universal immunization. This has to a great extent controlled

if not eradicated, most communicable diseases, which continue to plague us to

this day.

With relatively modest financial inputs China is at present in a very

fortunate state of health for it has neither the diseases of poverty nor those of

affluence.

Medical and Non-Mcdical Dimensions Of Health

75

In contrast, India after four decades of independence, has failed to pro
vide even the basic necessities of food, clothing, shelter, water, sanitation and

education to the majority of its people who are malnourished and continue to
live in poverty in the 600,000 villages and proliferating urban slums. They
■continue to suffer and die from communicable diseases like tuberculosis, leprosy,
malaria, filaria and poliomyelitis, while a small urban and even smaller rural
elite live in a style which apes the West and suffers from the same diseases as of

the affluent countries. The aggregate statistics which are presented to us in such
a polarized society conceal more than they reveal, such as the tragic conditions
of the lowest two or three deciles (like the tribals and scheduled castes) whose
conditions have actually deteriorated in a dehumanized, competitive market
economy. If the Infant Mortality Rate (IMR) in Kerala is 36 then the IMR in

U.P., Bihar and similar backward states, must surely be much higher to achieve
the aggregate national rate of 110 1 The village IMR is usually twice as high as
in the urban setting and the IMR among the poorest in the village is also higher

than the average of the village.

Since the recording of deaths in a backward

state with low literacy is less accurate than in a state like Kerala, the actual

'figures would be even worse. It must, therefore, be understood that while aggre
gate statistics reveal the state of affairs in an egalitarian society they must be
treated with great circumspection in a country like ours, more so when pressures
are exerted to reach national targets.
Why is it that with all our advantages, the health situation in our own

country is so much inferior to that of China? The reason I believe, lies in the
very openness of our society where the much vaunted freedam means freedom
for a few to exploit and the rest to starve. For the elite like the doctors to
emigrate to affluent countries after being trained at public expense, or on return
to propagate the latest technologies of the West which are inappropriate for all

but a miniscule of our population, thereby diverting scarce resources from basic
health care and preventive and promotive medicine to expensive, curative
services. This has also created many rural and ethical problems for the majo
rity who really cannot afford services like kidney transplants, coronary bypass
surgery and intensive care but now feel they must go into debt to save or pro
long the life of a dear one. In the prevailing market economy devoid of moral
considerations, health has also been converted into a lucrative trade in peoples
illness, for it is an area where consumer resistance is at its lowest.

The phar

maceutical and instrumentation industry and the corporate sector have not
lagged far behind and have now overtaken the medical profession in their greed
for profits-

76

N. H. Antia

In a free economy which still terms itself as socialist, it is up to the State
to ensure that preventive and promotive care as well as basic curative services
be provided to those who cannot afford the services of the private sector. Un
fortunately, this is not so.

The public sector fails to attract the necessary talent

in competition with a lucrative private one. It has also mystified health and
treats the people as incapable of participating in their own health care. The
public sector has by and large failed to deliver the goods and besides its ineffi
ciency has shown a remarkable lack of accountability to the people who they are
paid to serve.

That curative medicine is a bottomless pit is clearly demonstrated by the
fact that the USA spends over 8300 billion (c1225 per capita) for such services,
which is next only to armaments. Yet its status is 18th as measured by the
scale of IMR, and tenth in life expectancy among the countries of the world.

This only demonstrates that illness can be converted into a lucrative business by

the profession and the health industry without commensurate benefit to the
health of the nation. It also creates the new hazard of iatrogenic diseases and
in poor countries also diverts money from food, clothing and shelter and often

reduces whole families to destitution under the guise of freedom of choice.
This results in the public perceiving the medical profession as a necessary evil and
given the opportunity, they have no compunction in suing the doctor.

Is this

to be our goal as well?
While the health status of communist countries shows what can be achieved
even with limited resources, the example of Sri Lanka and even in our own state

of Kerala reveals that the achievement of health by all the people is possible

even under the existing constraints in the non-communist countries provided
human welfare activities like education and improvement of the status of the
woman are given due attention. The much superior health status of Kerala,
even in the early 70s, when it was the poorest state before the Gulf boom as
compared to Punjab, the richest state, indicates the importance of these non

medical factors in health. This not only permits the people to better utilize the
available resources but also to monitor those that are provided by the state and
private sector and exert the necessary consumer resistance which is the only
defence available to the people in a market economy. Only thus can they protect
themselves from the malpractics of being given unnecessary and dangerous drugs
and injections and subjected to unnecessary investigations which have reached
frightening levels in our country today; all under the cover of mystification and

freedom of choice.

Medical and Non-Mcdical Dimensions of Health

77

While it is evident that the medical profession can and should play an

important role in all aspects of health

it is important to redefine their role.

It

•is unfortunate that the profession with good intention or otherwise has mystified

health and created a sense of abject dependency among the people. There is
also an unfortunate belief that the uneducated are unintelligent and incapable of
looking after their own welfare. For this there is no rational explanation except
the ignorance of the elite.

■

Several studies including ours at Mandwa. have clearly demonstrated that
the illiterate are as intelligent as any other segment of our population. They
have a clear and practical thinking not confused by inappropriate education and

the false values that this engenders. We have far too long failed to appreciate the
people’s ability to look after their own interests including their health and have
tried to appropriate what are legitimately their own functions- In the process

we have not only failed miserably as is evident in almost all fields, but have
succeeded in converting health into a profitable business.

Let us, therefore, try to examine the various factors that arc responsible
for the health of the people and on that basis determine the role of the medical
profession, the people, the health services, as well as of the political and other
agencies. The achievement of Health for All can no longer be accepted as the

prerogative of the health services.
Let us first consider the group of factors which though seemingly non
medical play a predominant role in determining the health status of the people.

The four most important of these are nutrition, education, environment and
women’s status. While each of these may justify a dissertation by itself they
are so selfevident that I shall only try to highlight some of the more significant
features of each in order to discuss the role of those who can help in their

solution.
It is a sine qua non that no one can be healthy without proper nutrition.

Since the traditional Indian diet is very well balanced, for the 37% of our popula

tion who live below the poverty line of 2400 (rural) 2100 (urban) calories per day

this means that what they require is enough money to purchase adequate food.
The myth of the protein gap and resulting mental retardation has been thoro
ughly exploded and only serves to further exploit the poor by the multinational
corporations.

What we need is not only increase in the production of food but

more important, its distribution. No amount of economic jargon can justify that

N. H. Antia

78

half our population goes hungry to bed when 30 million tons of grain are rotting
in storage and have to be exported to earn foreign exchange, most which gravi
tates into the pockets of the haves. We are informed that since our population
will increase to one billion by 2000 A.D. we will have to step up grain production
from 150 to 250 million tons and that this can only be achieved through invest

ment in high technology like genetic engineering, the latest panacea .for all ills!

Yet China with less cultivable area and using conventional agricultural techno

logy is already producing 400 million tons of grain! Why, have we not under
taken research into the crops grown in the drought prone areas and the
economics of distribution of the increased production? Are we going to depend
on the illusion of the ‘trickle effect’ supported by ‘nutrition progranmmes' which

seldom reach the targeted group and in any case are an insult to human dignity

by doling food to those who have been reduced to starvation? Nutrition can

only be achieved through full employment and paying adequate wages for labour.
Common sense dictates that the present policy of urban industrialization pro
ducing goods for the elite using capital intensive technology wiil further polarize
our society and aggravate the tensions of which this is the root cause. It will
force increased migration from the villages to urban slums where people are

forced to survive under inhuman conditions.

The medical profession can either play an important role in drawing
public attention to the cause and effect of poverty and malnutrition and help
the people to take the necessary action, or medicaiize nutrition into another
scientific exercise and business of predigested proteins, vitamins, tonics and
micronutrients, for which they will, receive support form the pharmaceutical
industry. Let us not underestimate the influence of our profession in moulding

public opinion in the field of health for better or for worse.
Education for health which is a prerequisite for any health programme
has been converted into another futile effort by the Central and State Health
Education Bureaux which have proved their ineffectiveness over the decades. That

the majority of our people, including those who have received higher education,
are unaware of the basic information about the commonest health problems like
tuberculosis, leprosy, gastroenteritis and oral rehydration, clearly demonstratesthe almost total

failure in this field. These special agencies have neither the-

expertise in education nor in communication which is part of the general
education and communication services of our country. Nor do they know

communication and spread of information occurs in the village which is chiefly

Medical and Non-Medical Dimensions of Health

79

by word of mouth around the village well. Even if they did, they would be
unable to reach the information to the people due to their bureaucratic set up.
Withholding information and mystifying health is an effective method for
creating dependency among the people and can lead to their exploitation.

Consciously or unconsciously this is what we have succeeded in achieving.
Even the educated, leave aside the illiterate, are easy prey as can be seen by the
way they have been hooked on to unnecessary and often dangerous injections

and drugs even for trivial self-limiting ailments rather than encouraging them to
use the same money for more health-giving products like cheap uutritious food.
The misuse of the mass media like televison by the private pharmaceutical

and food ihdustry, utilizing vast sums of money can hardly be combated by a
few pamphlets doled out an the health centres by the State and Central Health
Education Bureaux.

There are lessons on health in the school curriculum which

make little impact because of their poor quality and lack of relevance to
their daily life. School health is still a time-worn ritual of checking by a doctor

which only perpetuates a sense of dependency rather than participation. Why
cannot students and teachers undertake most of their own check up with only a
supporting role by the professional?

This lack of health information together with the counter information
has not only reduced the people to medical gulliblity but also prevents them
from questioning the professionals and demanding the correct services which

are due to them.

It would be interesting to know how many of our people are

aware of the function and working of the Primary Health Centres and hospitals

as well as the duties and responsibilities of the staff and the expenditure incurred
in the name of their health, as well as the duties and responsibilities of the staff.
How can they exert their rights in this atmosphere of secrecy which is the major
cause of lack of accountability of the public sector and malpractice in the
private one?

The importance of environment is also self-evident. Can one really expect
to improve the health of our people if they have to continue to live in the foul
slums or in the unhealthy conditions of our poverty ridden villages? The
Minister of Agriculture, states that 2.27 lakh villages still have no proper source

of potable water and few of our slums have sanitation. What is provided is often

non-functional because of lack of maintenance and repairs.

80

N. H. Antia

The advent of pollution of air, water and food by industry and the
uncontrolled use of pesticides and fertilizers pose a new hazard to those who
have no alternative. The safety record of most industries leaves much to be
desired and the Government and its supervisory staff have shown their inability to
stand up to the money power ranged against them. While the medical pro

fession may not be directly able to effect any changes they can surely draw the
attention of the State as well as of the public to the consequences which they
see daily in their hospitals and clinics.

Unfortunately, we often fall prey to the

tempting offers of the same business and industry to build more hospitals like
a Chest Hospital in Chembur to appease the public. Is it moral to support
those who create these hazards and help them to project a false benevolent
public image?

Forty-five per cent of our population consists of children and half of the
rest are women. Since the majority of the problems of health and disease affect
women and children, it is evident that this is the section of our population
which should receive the most attention.

Unfortunately, in our male dominated

society and culture, the female is the most oppressed whether it be in nutrition,
education or legal rights. Yet it is the woman who bears the risk of child
bearing and the burden of childrearing, expends the greatest amount of energy
in the dual duties of caring for the home as well as helping in the field and

carrying head loads in the EGS schemes. For this she is treated like a chattel,
battered by her husband, raped by the contractor and police and burnt as a bride. >
Yet it is she who is responsible for the physical and mental development
of the next generation. No programme for health can succeed unless it actively
involves the female population and does not treat them as mere targets for the
MCH and Family Planning Programme.

This is why it is essential for a woman to be made fully aware of her

own ability to do anything and when bringing up her children to make no
difference between the sexes, males or female, to let her daughters feel they

are capable of doing whatever her sons can do. If a woman is treated like a
chattel or a sex object it is because she herself accepts the situation. It is not

necessary to go on morchas, etc., and make loud noises to prove their equality,
and make demands for equal rights. What is required is for a woman in her
own little environment to show that she is capable and confident of her ability
to contribute to society as well as to the health of her family in which she must

play the crucial role.

Medical and Non-Mcdical Dimensions of Health

81

Even though these are essentially non-medical areas the medical profession

can play a useful role not-only as responsible members of society but in view

of the public confidence they enjoy in all areas concerned with health.
They can act as catalysts for change by educating the people in under
standing the importance these factors play in determining their health and
supporting them in bringing about change through their own effort. We can
also draw the attention of the politicians, planners and the bureaucracy, but
ultimately, it is only the people themselves who can solve problems in these
fields.

Let us now turn to those areas where the medical profession can and
should play the dominant role. This is evident in the case of acute medical and
surgical emergencies. Also in those conditions where the skills and facilities that
are required are beyond those which can be reasonably expected of the people
themselves and can only be provided in hospitals for secondary and tertiary care.
Even in these areas, which are predominantly medical, it is important to see that

basic medical and surgical facilities for the common problems are made available
to all at the community level in what the ICSSR/ICMR report has designated as
the Community Health Center. This report estimated that ab^ut 98% of

preventive, promotive as well as curative care can be undertaken at the taluka
or block level leaving only a small percentage of the most difficult problems for

the district and medical college hospitals.

rich

Unfortunately, our present priorities favour the latter which cater to the
and affluent at the cost of basic services for the majority. Such

institutions which compete for the latest expensive western high technology
curative services not only divert scarce resources but also set a pernicious trend

which percolates to the periphery. It also creates tensions and unpleasant
ethical problems for those who cannot afford such services for their loved ones.
Commercialization of curative medicine has also led to to unethical practices like
excessive investigation and unnecessary treatment which has already reached

alarming proportions- The percolation of high technology medicine to the
medical college hospitals is particularly harmful as it inculcates wrong values
and ultimate disillusionment in the students, most of whom will eventually
have to work under far less ideal conditions.
With the existing pattern of diseases and where our population is distri
buted in the rural areas, the simple cottage hospitals which were the backbone

of curative medicine in the west in the early part of this century, as well as the

N. H. Antia

S2

present day county hospitals of China are much more suited for our present

needs than the modern disease palaces of which we are so enamoured. Even
in our own country, we have examples of highly efficient small rural hospitals

in the voluntary sector which provide excellent care for most medical and
surgical problems at a reasonable cost which the country can afford. They
provide services which are often more efficient than in our unmanageable
large urban institutions, under far more humane conditions and at a fraction of
the cost. Experiments have demonstrated that even in .the treatment of major

problems like extensive burns, fractures, reconstructive surgery and head
injuries, results can be achieved by a general surgeon wiih basic medical and
surgical facilities in the community hospitals.

Unfortunately the training in

the urban medical colleges is totally divorced from the actual needs of the
majority of our people so that our modern doctor is ill suited to provide the
service our country needs most. It would be hard to devise a more inappro
priate medical education to meet the health needs of our country.

While the more difficult aspects of curative medicine lie chiefly in the

domain of the medical profession even here it is important that the decisions on
the type, location and extension of such services cannot be left entirely to them
or as experience shows even to the government. Local peoples’ committees
should help in determining what is in their best interest and the profession

provide them the appropriate information and guidance.

Besides the predominantly medical and non-medical areas lies a large zone
of medical care which needs joint attention from the professionals as'well as
the people.

The control of communicable diseases is a classical example for

such a joint effort.

Wc have for too long tried to medicalize problems of

tuberculosis, leprosy, poliomyelitis, filaria,
guineaworm,
gastroenteritis,
malaria and a host of similar problems which represent the mortality and

morbidity in our country today.

Except for small pox and partially in the case

of malaria, these diseases continue to take their relentless toll despite the fact

that we have the knowledge and tools for their prevention, control and cure.
Most of this knowledge and technology is so simple, effective, cheap and safe
that several examples are available in our own country where semi-literate village

women have proved their ability to absorb this knowledge and use the techno
logy, provided this is given to them in a simple manner which they can
comprehend.

They have also demonstrated that in this they are the most

effective agents for the control of these diseases.

Medical and Non-Medical Dimensions of Health

83

The reason why the more highly trained and far more expensive pro
fessionals and their services are unable to achieve what simple village folk have

done is because the problem is not of knowledge and technology but in its deli
very which requires close proximity and a high level of cultural affinity with
the people. While the villager can readily use the basic tools if made available
to them it is virtually impossible for the professionals to reach the masses because
of the physical, and even more important, the cultural distance between them
and the people.

This gap is directly related to the extent of training between the

doctor and the ordinary man. The over-production of doctors in the hope that
there will be a private practitioner in every village has only resulted in the in-.
crease of malpractice and exploitation of the people and the diversion of scarce
resources from food to medicine and injections without much improvement in
their health for by and large they have played no role in the preventive and pro
motive aspects which have been relegated to a separate cadre. Even the mere

multiplication of Primary Health Care Centres without determining the reasons
for the failure of the existing ones has only multiplied our mistakes with merely
marginal improvement in health. The doctor who is the leader of the health
team has neither the training in epidemiology or managerial skills nor an under
standing of cultural, political and human dimensions which play the most impor
tant role in determining success or failure. Not willing to face this unpleasant
reality, we have clutched at a series of straws like unipurposc and multipurpose
workers, vertical and integrated services, management information systemsand

targets, community health workers under ever changing names and, health educa

tion. In final desperation we have sought community participation by which
we mean that the community must line itself 'up and help us to achieve our

targets such as in family planning or immunization. Family Planning has not
only failed to achieve its targets (the growth rate has hovered at about 2.2 for
over two decades) but has virtually demolished all other health programmes and

even education in schools due to the excessive coercive pressures exerted on all
government staff to meet the targets.
Several Community Health Projects have demonstrated that most commu
nicable diseases can be controlled even under the existing socio-economic condi
tions. In the Mandwa Project thirty village women, given simple knowledge
through weekly discussions under the village tree, and with a simple supportive

service, were able to achieve this. Let me illustrate with a few examples. They
took finger prick blood smears of any patient suffering from fever with rigors

and gave them four tablets of chloroquine. If the smear were positive they gave
Primoquine treatment. More than that they drew the attention of the village to

N. H. Antia

84
control the mosquito vector.

They were remarkably efficient in suspecting tuber

culosis in individuals with the classical symptoms especially if they were contacts
of known cases. If the diagnosis was established on examination of the sputum

or X-ray, they eave the 90 streptomycin injections and supervised the regularity
of the other antitubet'culosis treatment by convincing the patient of its impor
tance not only for himself but also for the rest of his family- They also taught
other simple measures like disposal of sputum to prevent the spread of the
disease.
These women diagnosed twice as many leprosy patients as the full-time

leprosy technicians, ensured that regular treatment with Dapsone was taken after
confirmation of diagnosis and since these were in the early stages, there was not
a single new case of deformity; the old deformed patients were helped to return

home and take regular treatment, for on having seen the germs under a micro
scope they were able to convince the village of chemical sterilization by regular
treatment and induced confidence by visiting the patients in their homes and
partaking of their meals.

There was a marked reduction in deaths from gastroenteritis not only be
cause of ORT but because of the creation of an epidemiological consciousness in
the villages for being prepared for the monsoons.

The immunization rate for triple antigen rose from 15% to 92% when the
village health workers started giving them injections on their daily rounds.
Since all pregnant women were identified and immunized there was not a single

death from tetanus in five years.

No mass campaigns were ever undertaken in

this project, yet the so-called targets set by the PHC were over-reached even in
family planning.

This people-based approach even succeeded in the detection of cancer,
mental illness and in rehabilitation of the disabled, all without campaigns and
camps and at a fraction of the normal cost of our health services.

Let us not minimize the role of the profession and services in such a parti
cipatory approach. Their main function should be of teaching and encouraging
the people to look after themselves to the extent possible and overcome the fears
inculcated through professional mystification. Another important role is to

provide the necessary supportive services for those few problems which require
skills and facilities of a higher level, not They do appropriate the functions

Medical and Non-Medical Dimensions of Health

85

which rightly belong to the people, for experience has shown that they cannot
undertake these functions themselves even at a far greater cost.

The present

approach has only led to exploitation of the peoples health by the private sector
and lack of accountabilily of the public sector without much impact on the health
status as revealed by our statistics.

The supportive professionalized services have also to be of a graded nature
starting with the paramedical worker at the subcenter to the surgeon and physi

cian at the Community Health Centre. The primary role of the Community
Health Centre should nevertheless be of monitoring the peoples’ health with
priority to the promotive and preventive services. The ICSSR/ICMR report has
estimated that about 98% of all health and illness care can be undertaken within

a 100,000 population covered by the Community Health Centre at a cost of
about Rs. 30 per capita per annum leaving only a marginal sector for tertiary
hospital care. Also, that this can be achieved only if the people have the finan
cial and administrative control over their health services with guidance and
support by the professionals.

I know that this is a radical departure from the existing situation and may
not be readily acceptable to those who believe that all decisions on health must
be left only to the medical profession. But four decades experience in an inde
pendent India has clearly demonstrated that we have not been able to achieve
the desired result despite the vast expansion of medical services in both the

public as well as the private sector.

In conclusion let me quote from our own National Health Policy of 1983
for there is no better statement of the medical and non-medical problems of
health as well as the guideliness for their solution:
“In spite of such impressive progress, the demographic and health picture

of the country still constitutes a cause for serious and urgent concern.

The

mortality rates for women and children are still distressingly high; almost one
third of the total deaths occur among children below the age of 5 years; the
extent and severity of malnutrition continues to be exceptionally high. Commu
nicable and non-communicable diseases have still to be brought under effective

control and eradicated.”
' High incidence of preventive and infectious diseases, lack of safe drinking

water and poor environmental sanitation, poverty and ignorance are among the
major contributory causes of the high incidence of disease and mortality”.

N. H. Antia

86

The existing situation has been largely engendered by the almost whole
sale adoption of health manpower development policies and establishment of
curative centres based on the western models, which are inappropriate and
irrelevant to the real needs of our people and the socio-economic conditions
obtaining in the country. The hospital-based disease, and cure-orientcd
approach towards the establishment of medical services has provided benefits to
the upper crusts of society, specially those residing in the urban areas. The
proliferation of this approach has been at the cost of providing comprehensive

primary health care services to the entire population, whether residing in the
urban or the rural areas. Furthermore, the continued high emphasis on the
curative approach has led to the neglect of the preventive, promotive, public
health and rehabilitative aspects of the health care.
The existing approach

instead

of improving awareness and building up

self-reliance, has tended to enhance dependency and weaken the community’s

capacity to cope with its problems.

The prevailing policies in regard to the

education and training of medical and health personnel, at various levels, has
resulted in the development of a cultural gap between the people and the per
sonnel providing care.

The various health programmes have, by' and large,

failed to involve the individuals and families in establishing a self-reliant com
munity. Also, over the years, the planning process, has become largely oblivious
of the fact that the ultimate goal of achieving a satisfactory health status for all
our people cannot be secured without involving the .community in the identifica

tion of their health needs and priorities as well as in the implementation and

management of the various health and related programmes.
It is necessary to secure the complete integration of all plans for health

and human development with the overall national socio-economic development
process, and specially in the more closely health related sectors, e.g., drugs and
pharmaceuticals, agriculture and food production, rural development, education
and social welfare, housing, water supply and sanitation. Prevention of food

adultetation, maintenance of prescribed standards in the manutacture and sale
of drugs and the conservation of the environment to provide universal compre

hensive primary health care services, relevant to the actual needs and priorities

of the community at a cost which the people can afford”.

Why is it then that we continue to give priority to sophisticated curative
services in the cities which are chiefly utilized by the rich and influential while

neglecting preventive, promotivc and basic curative serviees for the majority?

Medical and Non-Medical Dimensions of Health

87

Why do we produce 60,000 formulations of drugs worth Rs. 2,500 crores which

reach only 20% of the population when WHO recommends only 258 drugs and
Rs. 750 crores worth would suffice for all our people if used in an ethical

manner?

Why do we permit almost unlimited import of expensive medical

equipment like CAT scanners costing over one crore of rupees when we find it
difficult to provide basic medicines, X-ray plates and simple equipment to district
leave aside the rural hospitals?

The annual cost of operating a single CAT scanner is about 4.5 lakhs, which
helps in the diagnosis of only 3000 patients. This is equivalent to the annual
expenditure on five small 100-bedded or one large 400-bedded district hospital
treating five lakh patients undertaking 2,600 surgical operations, or the annual
cost of operating nine Primary Health Centres serving 2.7 lakh population.
Why do the seniormost representatives of our people, lend their support

to this type of technology which is condemned by our Government, by inaugura

ting these 5-star hospitals while proclaiming that we are next to none in medical
technology, yet when it comes to personal treatment they have no hesitation in
going abroad for medical care at the taxpayer’s expense.

Cover
Story

“Panchayat Raj and Health Care:
The Karnataka Experience”
Dr. R.L. Kapur

Introduction

In 1982, the Government of India
came out with a National Health
Policy with a commitment to provide
“Health for all.” The policy statement
proposed major modifications in
medical education and paramedical
tuning, reorganisation of the health
.^Piccs infrastructure and an integra
tion of health plans with efforts in
other health related sectors as well as
with
the
total
socio-economic
development.

However, the progress in these
directons in the last 8 years; i.e. since
the formation of the health policy, has
been inadequate, lopsided and often
against the spirit of the enunicated
policy. For example, while a
decentralised primary health care
system was the declared focus in the
policy statement, in most parts of the
country, neither sufficient resources
were allocated nor the necessary
changes in administrative hierarchy
made to provide for decentralisation.
^Parnataka has been an exception in
this regard and an experiment in
decentralisation of administration and
devolution of powers has been
initiated through the Zilla Parishad,
Mandal
Panchayat
and
Nyaya
Panchayat Act of 1983 in force since
1987. With the introduction of this act,
the health services in the State have
been brought within the perview of the
people and their elected representa
tives in Gram Sabhas, Mandal
Panchayats and Zilla Parishads.

The new Government at the Centre
has made a renewed commitment to
decentralisation. The approach paper
to the 8th National 5-year plan
recommends that substantial part of

26 • Health Action October 1990

the responsibility for planning and
implementation of economic and
social developmental programmes,
including health care programmes, be
transferred to elected representatives
Institutions of the local Governments.
It
was
against
the
above
background that the National Institute
of Advanced Studies conducted a oneday workshop on July 26, 1990 in
Bangalore to examine the impact of
Panchayat Raj on Health Care
Programmes in the State.

It was hoped that this exercise will
not only help in improving the health
care programmes in the State but also
provide useful guidelines for a rational
implementation of the National
Health Policy.
The Workshop was attended
amongst others, by the President of the
Bangalore Rural Zilla Parishad,
Director of Health and Family
Welfare Services, Joint Director of
Health and Family Welfare Services,
and Secretary, Department of Health
and Family Welfare Services, and
Secretary, Department of Rural
Development and Panchayat Raj,
representatives of non-Governmental
organisations and representatives from
the mass media.
This paper reports the proceedings
of the Workshop as well as the
recommendations made by the group.

Papers and Discussion
The following status papers were
read:
1

Impact of Panchayat Raj in
Karnataka: A Critical Examination:
by Prof. B.K. Chandrasekhar,
Indian Institute of Management,
Bangalore;

2

Panchayat Raj and Health Care: by
Dr. G. V. Nagaraj, Joint Director,
Health & Family Welfare Services,
Government of Karnataka.

3

The experience of Health Persorinel
in the Panchayat Raj: by Dr.Mohan
K. Isaac, Additional Professor in
Psychiartry, National Institute of
Mental Health and Neuro Sciences,
Bangalore; and

4

People’s Reaction to Health Care in
the Panchayat Raj: by Dr. B.S.
Paresh Kumar, Department of
Sociology, Mysore University,
Mysore.

Prof. Chandrasekhar pointed out
how the 1983 Act of Karnataka Zilla
Parishads, Mandal Panchayats and
Nyaya Panchayat was radically
different from any existing system of
decentralisation including the earlier
village Panchayat and local Boards
Act of 1959. In the 1959 Act, the
Panchayats and Taluq development
boards had limited functions and
powers. All the important decisions
were made by the Government
Departments.

The
1983 Act, which
was
implemented in 1987, has a 4-tier
organisation: The Gram Sabha
consists of all eligible voters of a village
or a revenue village. It has to meet at
least twice a year to review the
development programmes and to
prepare development schemes for the
future. Mandal Panchayats have the
responsibility of executing develop
ment schemes. Taluq Panchayat
Samiti is the third-tier and has a great
potential as a link between Zilla
Parishads and Mandal Panchayats.
Zilla Parishad is easily the most

Cover
Story

powerful democratic institution with
elected members. It frames and
proposes the district budget and
proposes the budgets of Mandal
Panchayats. Plan formulation, decision
making and financial monitoring —
all these are functions discharged by
the Zilla Parishads.

It is interesting to note that between
19 Zilla Parishads and 2,586 Mandal
Panchayats as many as 55,000 elected
representatives have emerged as local
leaders. Not less than 14,000 of these
are women and 11,000 or so are from
SC/ST classes.
In the Zilla Parishad there is a
standing Health Committee whosejob
is to review the functions related to
health services, hospitals, water
supply, family welfare and other allied
matters. The phrase “other allied
matters” suggests that what is intended
is an integrated and not a limited
approach to health care.

The Mandal Panchayats also have
an Amenities Committee, whosejob is
to look into public health. While these
elected bodies have a tremendous
scope for effective health cafe
according to local needs, the scope is
not yet fully realised because of
financial limitations and administra
tive difficulties.
For example, Mandal Panchayats
have very little money to put public
health schemes into effect and, in fact,
are often too embarrassed to call Gram
Sabha meetings because they cannot
fulfil the demands made at these
meetings. As another example, the
Zilla Parishads find it difficult to keep
hospitals clean because of a ban order
by the Government on recruitment to
group C and D staff.

In spite of these problems, the
Panchayat Raj brought great impro
vements in health care. The doctors
and para-medical staff have greater
accountability. The drug budget is
more realistically oriented to local
needs and available funds are utilised
more effectively than before.

Dr Nagraj agreed with Prof.
Chandrasekhar that health care had
improved in many ways following the
introduction of Panchayat Raj. In
addition to what is mentioned above,
there has been a great spurt in the
buildings programme and the new
P.H.Cs and P.H.Us are being located
at places approved by the Mandal
Panchayats.

------ +-----A teacher observed that one of the
little boys in her class was pensive and
withdrawn.
“What are you worried about?” she
asked.

“My parents,” he replied. “Dad
works all day to keep me clothed and
fed and sent to the best school in town.
And he’s working overtime to be able
to send me to college. Mom spends all
day cooking and clean- ing and ironing
and shopping so I have nothing to
worry about.”
“Why, then, are you worried?”

“I’m afraid
escape.”

they might try to

Prayer of the Frog

--------- O--------Dr Nagraj felt that there was much
better
interaction
between
the
Directorate and the Zilla Parishads in
the process of planning. However, the
process of monitoring has suffered
because the Panchayat Raj bodies are
not taking sufficient interest in sending
the review reports.
Dr Mohan Isaac described the
experience of the doctors and para
medical workers in the new set up.
While, in general, they welcomed the
decentralised set up, they were
somewhat confused about the relative
authority of the Panchayat Raj leaders
and the Directorate in supervision of

the duties of the District Health
Officers as well as the Primary Health
Centre personnel. There was also
confusion regarding the control of
resources.
Some District Health Officers felt
that the Panchayat Raj leaders were,
on one hand, not sufficiently informed
about the philosophy and strategies of
health care and, on the other hand,
they were over inquisitive and over
interfering. “We cannot serve two
masters” some said.

Dr. Issac, however saw a great
promise in the Panchayat Raj since the
system threw up a number of leaders,
who could actively take part in
educating the public regarding their
needs, demands, rights and responsibi
lities in matters of health. The number
of Mandal Panchayat members was, in
fact, three times that of the health
personnel and all these members could
be involved in referal, follow-up and
educational activities.

Dr. Paresh Kumar agreed with
what Dr Isaac said about the potential
role of Mandal Panchayat members,
but felt that they themselves needed a
lot of education in health matters.
People themselves were unfortunately
very ignorant about the health
services, preventive and promotive
aspects of healthcare and about the
philosophy of the Panchayat Raj itself.
Many women and SC/ST members
stand for elections not because they
understood the system, but because
some one asked them too.

Many important points were made
in the discussion which followed the
Status papers. Mr. Narayan Swamy,
President, Bangalore Rural Zilla
Parishad, felt that Panchayat Raj had
roots in the Psyche of the Nation and
given time it will bring fruitful results.
Good things were already happen
ing: great emphasis was being laid to
potable water supply, education and
health. There was more integration
between different departments in the
planning process. Yet there were

Health Action October 1990 • 27

Cover
Story

difficulties.
There
was still
a
disequlibrium between the officials
and people’s representatives regarding
their power and responsibilities.

Money still flowed with difficulty to
more peripheral local Government
bodies. The involvement of the P.H.C.
staff in local affairs was still difficult
because many lived away from the
place of work mostly because suitable
housing, schooling and other amenities
were not available for the-staff and
their families. All this had to change.
There was a general consensus
amongst the group that the people
were still not fully educated regarding
t'^fchilosophy of the Panchayat Raj.
D^Ravi Narayan of the Community
Health Cell, Bangalore, felt that
perhaps such an eduction should have
been written into the act. Many felt
that it was an excellent idea to hold
orientation programmes on health for
the Mandal Panchayat members but
Dr. Kapur of the National Institute of
Advanced Studies warned that before
one embarked on these orientation
programmes, suitable health education
packages in local language and
understandable to the village people
must be prepared and tested before
general application.

Experience
Workers

of

the

Health

^|ne session was devoted to the
cSors and health workers describing
their own experience with Panchayat
Raj. While one District Health Officer
felt that he had a greater freedom of
action on the Panchayat Raj the other
was quite disappointed with the
system. He felt that by including health
under the perview of the Panchayat
Raj and keeping some other related
departments outside the system,
integrated approach was, in fact, made
more difficult. He felt that while
doctors
were
willing to give
orientation programmes the people’s
representatives did not show much
enthusiasm.
A health inspector attending the

28 • Health Action

October 1990

Workshop felt that the commitment,
concern and involvement of elected
leaders in the health care programmes
was disappointing. One lady health
worker was even more scathing in her
remarks.
She felt that the elected leaders
flaunted their authority and brought
out threats if their wishes, some of
which had nothing to do with public
good, were not respected. While
previously also there was corruption it
was some distance away — now it was
there right around her 1
Many others expressed their views.
Dr. Sudarshan who works in a tribal
area, highlighted the importance of
non-Governmental Organisations in
awareness building programmes. He
felt that decentralisation as far as
health care was concerned had
occurred upto Zilla Parishad level but
not further down as yet.
Many felt distressed by the negative
response towards Panchayat Raj from
the health workers in the field and
pointed out that much more needs to
be done in proper education of the
elected leaders in the proper exercise of
power.

2

While there has been devolution of
power, there has been very little
evolution of service programmes
especially with respect to plarfning
of these programmes. There are
many reasons for this but one
important cause is the non
availability of expertise at the grass
root level. Another reason is that
the money which ultimately
reaches a Mandal Panchayat level is
too meagre — about Rs 3.00 to
Rs 3.50 lakhs and there is very little
one can do with this much money.
Another reason is vagueness
regarding the respective roles of
officials and elected members.
What often happens is that the
Government prepares the guide
lines and the local bodiesjust follow
them. This may not be true in all
Zilla
Parishads
and
Mandal
Panchayats but is quite often the
case.

3

Theoretically
decentralisation
should increase interdepartmental
coordination but this has not
happened in any obvious fashion. A
PHC doctor still spends his time
disbursing medicines and hardly
assoicates with other departments
involved in eradicating illness.

4

Decentralisation should have incre
ased the importance of traditional
and non-formal medicine which is
so much cheaper, but this has not
happened.

Response From the Planners
Mr. Philipose Matthai, Secretary,
Department of Rural Development
and Panchayat Raj and Dr. Prasanna
Kumar,Director, Health and Family
Welfare Services, responded to the
day’s discussions.
Mr. Philipose Matthai made the
following points:
1
With the implementation of the
Zilla Parishad, Mandal Panchayat
and Nyaya Panchayat Act of 1983,
there has been a devolution of
power to a considerable degree but
it is not as if the power has gone to
new segments of the population.
Same people who were influential
before because of economic or caste
factors have got elected again. It
will be some time before the power
goes to people who are truly
representatives.

Inspite of all the above, decentrali
sation is obviously the right direction
and with time and meetings like this
which allow for feedback and
rethinking, things should improve.

Dr Prasanna Kumar made the
following comments:
1
There are three major aspects of
Primary Health Care: Inter-sectoral
coordination, Community Partici
pation and the Curative Services.
All three can prosper in a
Panchayat Raj system.
2

In general, there has been an
improvement in health services

Cover
Story

after introduction of Panchayat
Raj. The Zilla Parishads have
completed all the building projects
and this is amazing.

Positive and Negative Features
of Health Care in Panchayat Raj

health committees and hence are
appropriate to people’s needs;
3
The local bodies have a greater say
Ms Nupur Basu, a Journalist,
in the drug budget, so that it is most
summed up the day’s discussions in
3
In his experience, the involvement terms of positive and negative features
attuned to local needs. Further,
of Mandal Panchayat members in
some Zilla Parishads have introdu
of the Panchayat Raj.
the health programmes is quite
ced purchase committees, so that
Positive Developments:
good. Whenever he has taken part
there arc greater checks and
1
There is greater accountability of
in social mobilisations or orienta
balances in expenditure;
the doctors and paramedical
tion programmes the Mandal
4
There is greater rationalisation in
workers. If the Primary Health
Panchayat Members have taken
the postings of the doctors and para
Centre and Primary Health Unit
great interest.
medical personnel. The post
4
There has
been
a
definite
graduates are being shifted to
district hospitals (where they
decentralisation of the planning
process in the Health Department.
should be) and the busier P.H.Cs
While in previous years the
have greater complement of staff;
planning process occured in the
and
Once some of the elders were in
Directorate at Bangalore, this year
5
A large unused force of potential
Scete and Abbot John the Dwarf was
it has occured at the level of District
health promoters is now available.
with them.
Health Officers.
The number of elected Mandal
While they were dining, a priest, a
5
It is not true that the drug supply to very old man, got up and attempted to
Panchayat Members is more than
the PHC district was done blindly
three times that of health personnel.
serve them. But no one would take so
before the onset of Panchayat Raj
These
can all be used in improving
much as a cup of water from him
but certainly there has been a more
public consciousness regarding
except John the Dwarf.
rational use of money for drugs
health matters.
The others were somewhat shocked
after Panchayat Raj, especially in
6
The planning process is gradually
about this and later said to him, “How
districts where there is a purchase
shifting downwards but there is still
is it that you considered yourself
committee.
a long way to go.
worthy to accept the service of that
6
We are a long way from effective holy man?”
Negative Features:
preventive services. The District
1
People continue to be unaware of
He replied, “Well, when I offer
Health Officers claim that now they
their health responsibilities and
people a drink of water I’m happy if
are too involved in Zilla Parishad
rights.
They still stress the curative
they take it. Did you expect me to
meetings with very little time to
rather
than
preventive
and
sadden the old man by depriving him
inspect the pheripcral services. The
promolivc
aspects of health. The
of the joy of giving me something?”
PHC staff spend very little time in
elected members of the Mandal
Prayer
of
the
Frog
inspecting the Primary Health
Panchayats and Zilla Parishads are
Units. All this must improve.
often themselves quite ignorant;
--------- <0*--------7
The information from the District,
2
Some administrative problems
even regarding the crude birth and
have cropped up because of the
death indices is very poor. This
personnel are negligent in their
transition from a direct control of
must improve.
health personnel by the Directorate
attendcncc and service, they can be

---------4---------

There should
be a
greater
questioned locally;
of
Health
Services
to
an
involvement of non-Governmental
accountability towards the local
2
There has been a spurt in the
organisations in health awareness
Government. Some health person
construction of hospital infrastruc
and this should become easier in the
nel arc finding it difficult to “serve
ture. Inspite of the paucity of funds,
Panchayat Raj.
two masters.”
the hospital buildings have been
completed at a faster rate, even by
3
Some elected representatives are
Dr. Prasanna Kumar fell that in the
utilising the funds from other heads.
showing undue interference in the
next plan Karnataka would like to
Further, the locations of the new
running of health services and this
consolidate rather than introduce new
hospitals, Primary Health Centres
cuts into the effectiveness of the
programme so that quality of services
etc., are selected by the Zilla
health personnel. The guidelines for
could improve.
Parishad, after scrutiny by the
the role of elected leaders in the
8

S 53

Health Action October 1990 • 29

Cover
Story

running of the health services are
not properly drawn up and, in some
cases, the elected leaders are
misusing their powers;
4

Nearly 80% of the programmes are
still centrally sponsored or statesponsored. Very little margin is
available for local planning;

5

There is no obvious improvement
in quality of health care, nor is there
an upward trend in success of some
health programmes, which could be
used as indicators of good
performance, e.g., immunisation
programme; and

approach as well as the latest
advances
in
communication
technology. Those giving the
orientation courses should them
selves be properly trained for the
job. The impact of orientation
programmes should be properly
evaluated through research.

30 • Health Action October 1990

6

There should be a gradual moving
away from the rigid dependence
on centrally-sponsored health
schemes. While the Central and
State level Directorates should
continue to give appropriate
guidelines, the distribution of
funds for various services should
be left to the local Government
bodies;

7

It is imperative that for any proper
planning
at
District
level,
information
regarding
health
statistics for each individual
district should be formulated and
continuously updated;

8

There should be a greater
endeavour on the part of the nonGovernmental Agencies, not only
in the delivery of health care, but
also in health awareness pro
grammes;

9

Any mobilisation of funds carried
out by the Zilla Parishads and
Mandal Panchayats for improve
ment in the health services, should
be utilised in the respective areas;

Aids educators

alarmed

------- <-------

To achieve the above aims, there
should be orientation programmes
in health care for the members of
the Mandal Panchayals across the
State. These orientation progra
mmes should be properly planned
utilising
a
common
sense

There should be greater involve
ment of people in the planning for
health care. For this, the activities
of the Mandal Panchayats and
Gram Sabhas should be streng
thened through proper financing,
the relative role and responsibili
ties of the officials and non
officials should be made clearer
and local Governments should be
encouraged to make district-level
plans suitalbe for needs in their
own areas;

--------------- <&■---------------

Aids educators are alarmed by
reports that homosexual and bisexual
^The monitoring of the health
men are lapsing back into sexual
programmes has worsened. The
behavior that could kill them. At the
local Government bodies, perhaps,
sixth international Aids conference
because of ignorance, are not doing
several programmes were announced
the necessary assessment of health
to help the gay community avoid a
services in their area and not
second, even larger wave of deadly
sending the necessary report of the
infection. Almost 20 per cent of gay
Directorate of Health Services.
and bisexual men surveyed had
7
There is still little coordination with abandoned safe-sex practices at least
other departments so essential for
once, according to studies being
preventive programmes and which
.presented to the sixth international
should
have
improved
with
Aids conference by researchers from
decentralisation.
the centre for Aids prevention studies
Recommendations
at the University of California — San
1
There is
no doubt about
Francisco. Ten years into the
decentralisation being the method
epidemic, educators say they are facing
of choice for promoting the
a community increasingly weary with
developmental programmes of the
the burden of maintaining the massive
State, including health programchanges in their lifestyle, a community
mes, yet there are a number of
grieving for the carefree days forever
improvements which will make
lost. “People changed because they
the system more effective;
were scared to death,” said Maggie
Reinfeld of the gay men’s health crisis
2
The first responsibility for health
in New York, which has created the
will always be with the people
nation’s first programme for confront
themselves. For this, the people
ing the relapse problem.
need to be educated regarding
what health is, what their own
— News Time
health responsibilities are, what
they can expect from the health
services and how .they can ensure
4
While
the impressions and
getting what they need;
anecdotes do give valuable
3

5

feedback, time has come to make
a detailed and formal evaluation
of health care programmes after
Panchayat Raj. This will require,
first of all, a sober and practical
selection of indicators which are
measurable and meaningful.

10

The Ministry of Rural Develop
ment and Panchayat Raj should
be asked to encourage the
integration of the health services
with other social welfare pro
grammes;
11
Zilla Parishads and the health
department should look into and
eradicate the hardships undergone
by the doctors and para- medical
workers in the field.

Panchayati Raj : an experiment in
empowerment of the rural people
Prof. K.L. SHARMA
Centre for (lie Study of Social Systems, School of Social Sciences
.Jawaharlal Nehru Cniversily, New Delhi

The word ‘Panchayat’ is a very old one, and it is deeply
ingrained into Indian tradition and culture. The notion of
Punch Parameshwar connotes belief in the institution of
decision-making by a select group of people called Punch.
'Panchayat' impliesa discourse on a particular issue relating
to a community or a segment. The discourse could be'
arranged by the community leaders on their own or on a
demand/request made by the concerned groups and families.
Disputes settled by the Panchayat were acceptable to the
conflicting groups and families. The traditional Panchayat
system was mainly concerned with maintenance of peace
and order in the community.

However, today Panchayati Raj Institutions are basi
cally concerned with overall development of village com
munity and empowerment of the rural people as a whole
rather tlian decisions taken by a select group of people. The
recent Constitutional Amendment is a revolutionary step
as it empowers the rural masses regarding progress and
welfare of the people, particularly the weaker sections
and women. It revitalises the Panchayati Raj institutions
at the village, block and district levels by guaranteeing
statutory safeguards regarding timely elections, resource
generation and powers to take decisions.

Genesis of Panchayati Raj
Prior to Independence and more specifically from the sec
ond decade of die present century, efforts began for lawful
Panchyati Raj institutions to establish local-self government
at the village level. Earlier, the regional self-governing
bodies were formed parallel to such institutions in Britain.
But no tangible results were achieved. Only after India
achieved her Independence, serious efforts for rural devel
opment began. ‘Decentralization of power' was envisaged
as a value in the Constitution of India itself to be realised by
die establishment of village Panchayats.

KHRUKSHETRA. September 1994

To begin with, die Government of India initiated in
1952 a development process dirough establishment of die
Community Development Extension Service. It was realised
by die Government and the Planning Commission dial die
success of these progrtunmes depended upon execution of a
comprehensive 'planning from die below' based on die ‘felt
needs' by the rural people themselves. The planners also
thought that all this could he realised only if diere were
agencies at the village level which could involve the entire
community and all its families, and also could generate
resources of the villages for self-reliance. Once upon a time
Shrumdan was such a device to involve die people in die
process of rural development.

Rural Development and Panchayati Raj
Rural development can be envisaged by weakening the
inequitous social structure of rural society and by mak
ing available effective provisions for better health, em
ployment, in a nutshell, a better ‘quality of life’ for the
exploited and suppressed sections. Special provisions may
be made for the youth, women, landless workers and other
weaker sections of society. Inequitous social structure gen
erates social tensions and unrest. Distributive justice alone
can ensure a harmonious and peaceful life. It cannot be
ensured unless the deprived sections of society are empow
ered. The measures initiated in die past including die com
munity devclopnietn programmes, democratic decentraliza
tion of power, thrcc-der Panchayati Raj institutions, and
steps taken as per the recommendations of various commis
sions and committees, have not resulted in empowerment ol
the rural masses.

The poor remain poor— why ?
The rural people have remained poor despite these
progrtunmes. The obvious argument is that die rural rich,
politicians, local officials and functionaries control the dis

35

tribution or resources, loans, subsidies and public funds.
Personal and group interests of these dominant persons
thwart die programmes meant for specific target groups, and
for common goals and institutions. Funds earmarked and
allocated for the poor and weaker sections are manipulated
for die better off families and groups. It is a matter of power
of those who can shift die funds to the undeserving from
diosc who need help and support. Thus, die powerful, by
their unfair actions, create more inequities. Such disappoint
ing results of die past four decades have necessitated a basic
policy change widi regard to rural development. The rural
rich are in league with the urban elite. The urban people
extract all the rural surpluses including food, vegetables,
raw material, etc. The rural rich get benefits of the rural
investment in roads, electricity, etc. Benefits of price
support, ‘green revolution’, subsidies, tax exemption on
agricultural income also go to them.

Dynamics of Panchayati Raj
Panchayati Raj, as it has emerged today, has its origin in die
report of die Balwantrai Mehta Committee. The recommen
dations of diis Committee, along widi odier points, high
lighted ’democratic decentralization'. A dirce-tiersystem at
village, block and district levels was implemented in Octo
ber. 1959 in die States of Rajasdian and Andhra Pradesh.
Panchayati Raj was considered as a new framework for rural
development and decentralization of power and authority.
Balwantrai Mehta writes: “Community development is
the object, the purpose, Panchayati Raj is the instrument
through which we would like the implementaion of the
Community Development Programme”. The Commu
nity Development Programme (CDP) was thought of as tin
‘official movement'. Bureaucracywas managing die CDP.
Panchayati Raj brought in die idea of people's insilutions in
the CDP. The rationale of Panchayati Raj was dius not only
decentralised administration, but also creation of institu
tions and mechanisms controlled directly by die people
themselves for solving their problems.

5)

Executive and administrative powers were given to
die middle rung of the three-tier system.

6)

Power-politics and politicization were thought of
as unavoidable consequences of the Panchayati Raj
experiment.

Despite democratic decentralization, Panchayati Raj
could not be a success story due to a multiplicity of factors.
The CDP vanished from rural scene. The Panchyati Raj,
which was conceived as a means of rural reconstruction,
became an end in itself. Panchayats could not raise revenue
for developmental activities. Dependence on funds from
State governments crippled die Panchayati Raj institutions.
Panchayat Samitis and Zilla Parishads became just like any
odier government departments. Elections to die Panchayati
Raj institutions have/had never been held in time after the
expiry of dieir respective tenures. Corruption, factionalism,
excessive politicization, and misappropriation of the offices
of Sarpanch, Pradhan and Zilla Prtunukh. were some of die
main evils which overshadowed the system.

It is observed diat die story of Panchayati Raj has
witnessed ups and downs. At least three phases arc discern
ible: (1) die phase of euphoria, ascendency (1959-64), (2)
die phase of stagnation (1965-69). and (3) the phase of
decline (1970-77). Decline of Panchayati Raj as an instru
ment of development, of people's voice, resulted into furdier bureaucratization and politicization. A committee was
formed in 1977 under the chairmanship of die late Ashoka
Mehta to review the Panchayati Raj institutions in its total
ity. The Committee found the Panchayati Raj institutions as
malfunctioning and nearly worn out and dead ones. The
dismal picture painted by the ('ommitice created a great deal
of anxiety and concern for revitalising the Panchayati Raj
institutions. The Committee recommended transfer of power
substantially from the State government to the local bodies.
It also suggested necessary Constitutional Amendments for
this purpose. The odier recommendations comprised dyna
mism in agriculture, a new impetus to rural industries, and
In a seminar held in 1964 at the University of Rajasthan. group activities. The Committee suggested basic institu
Jaipur, which was attended by academia, politicians (includ tional, structural and functional changes ill the Panchayati
ing die late Balwantrai Mehta), bureaucrats and social Raj institutions in commensurate with die strategies and
policies of development. Changes in the electoral system for
activists, die following points clearly emerged:
the Panchayati Raj institutions were also suggested. The
1)
Panchayati Raj was a system of local government.
Ashoka Mehta Committee Report places specific stress on
a mechanism of rural development mid also an agency
creation of Mandal Panchayats and effective revival of
of die Slate government for specific activities.
Nyay Panchayats along with the Gram Sabha. Il suggests
2)
There was no incongruity between Panchayati Raj that elections should be conducted by the Chief Electoral
as a medium of planned development and as a Officer of the State in consultation with the Chief Election
system of local government. Il was also not anti Commissioner. A mention is found in the report about
thetical to die CDP.
weaker sections, finances, administration, human resource
3) Panchayati Raj institutions should help in die ush development, etc.
ering in of socio-economic transformation in vil
Till dale, all Slates and Union Territories with the
lage India.
exception of die States of Meghalaya. Nagaland and Mizoram
4)

36

A massive programme was envisaged for success and Union Territory of Lakshadweep have enacted laws for
having Panchayati Raj institutions. A thrcc-ticr system ex
of die Panchayati Raj institutions.

KURUKSUETRA, September 1994

ists in 12 States and one Union Territory. Four Suites and
two Union Territories have accepted only one-tier, namely
Gram Panchayat. There are today over 2,17,300 village
Panchayats, 4,526 Panchayat Samitis, and 33OZilla Parishads
in India. As stated earlier, the Ashoka Mehta Committee
examined the sickening of the Panchayati Raj institutions
alter they had been in existence for nearly twenty years.
Despite laudable recommendations of the report, not much
could be implemented. In 1985, another committee under
the chairmanship of Shri G.V.K. Rtio was constituted.
The G.V.K. Rao Committee recommended that die
Panchayati Raj institutions should be involved effectively in
die decentralization of planning and development adminis
tration. Voluntary agencies and organisations of die poor
may be involved loo. Growth with social justice and poverty
alleviation should also be emphasised at the village level.
Organisational changes were suggested to restructure the
diree-tier system. Besides direct elections for Gram
Panchayat, die Committee recommended elected represen
tatives for Zilla Parishad over a population ranging from
30,000 to 40,000. Reservation for women upto 25 per cent
was also one of its main recommendations. Zilla Parishad,
instead of Panchayat Samiti, should have more power and
authority. In 1986, under the chairmanship of Shri L.M.
Singhvi, a Committee was constituted which suggestedsteps for revitalisation of Panchayati Raj institutions. The
Committee emphasised die need for Constitutional protec
tion of the Panchayati Raj institutions regarding timely
elections, finance and resource mobilization.

Salient features of the 73rd Constitutional
Amendment
Let us have a look at the saliel features of (he recent
legislation regarding Panchayati Raj effected through the
Scventy-diird Constitutional Amendment. These arc as fol
lows:

1)

Uniformly, a three-tier system of Panchayati Raj
institutions should be introduced.

2)

Direct elections at the village level for the Gram
Panchayats, and indirect elections at the block and
district levels should be held.

3)

4)

5)
6)
7)

ment and State Legislatures.
8)

Depending upon population of die SCs, STs, seats
of chairpersons will be reserved for them. Also
reservation will be made for women to chair the
Panchayats.

9)

Minimum age for a person who intends to hold an
office in die Panchayati Raj institutions, is fixed at
21 years.

10)

Elections in die Panchayati Raj Institutions be held
under die direction of die Chief Electoral Officer of
a Slate and the Chief Election Commissioner.

11)

Panchayati Raj Institutions will have powers, au
thority and responsibilities to function as instru
ments of .self-government. Plans for economic de
velopment and social justice and schemes for dicir
implementation may be prepared by the Panchayati
Rttj institutions.

12)

Panchayati Raj institutions will have power to im
pose taxes, duties, tolls and fees to raise funds for
development programmes.

13)

The State would constitute a Finance Commission
to review die position of die Panchayats.

14)

Necessary legal safeguards will be provided for
smooth functioning of die Panchayati Raj Institu
tions.

These provisions have been necessitated since the
Panchayati Raj institutions have become weak and ineffec
tive due to a variety of reasons. Regular elections have not
been held. SCs, STs and women have not been given ad
equate representation. Financial resources have been insuf
ficient. Powers and responsibilities to die elected members
have not been fully entrusted.

Panchayati Raj as a philosophy and a
movement

Panchayati Raj has survived as an institution despite ups
and downs and periodic critical examination and shifts in its
programmes. Today, there is a greater realisation for provid
ing Constitutional and legal safeguards to die Panchayati
Raj institutions. But, this alone cannot bring about the
Fleeted chairperson of a Gram Panchayat can be desired results. Moral foundation of the Panchayati Raj
removed by a specially convened Gram Sabha by institutions needs to be strengthened along witii legal provi
a two-diirds majority of the members present in the sions. Both legal and moral bases in conjunction can trans
meeting, and having presence of at least fifty per form Panchayati Raj into a philosophy, a way of Blinking,
cent members of die Gram Sabha.
and a practice at the grass roots level. The rural power elite,
Seats for SCs and STs will be reserved separately. particularly, have to accept Panchayati Raj in its totality as
One-diird of die seats will be reserved for women. a philosophy, as an attitude, and as a practice. It is a
structural innovation accompanied by a moral commitment
Panchayati Raj institutions should have a duration and ideology. On an ideological and moral plane, transfer of
of five years.
power to the common villagers, die rural poor, women, SCs
Disqualification for members of Panchayati Raj and .STshave to be accepted. In this political resocialization,
‘brokers of power’ have to be kept out. Only this way
institutions will be similar to the method adopted in
respect of disqualification for Members of Parlia Panchayati Raj can become a reality from a rhetoric. It

KURUKSHETRA, September 1994

37

has io be a movement of value-based practice. Panchayati
Raj implies an attack on rural incquitous social structure,
dominant groups, families, and individuals. To bring
about such a transformation of rural society, it is neces
sary to know : (1) Who are power elite? (2) What is the
social background of women who arc likely to be elected
as Panch and Sarpanch? (3) Who from among the SCs and
STs are going to become Punch and Sarpanch? Numerical
increase in representation of women, SCs and STs alone
cannot ensure power to them. Structure of dominance and
mobility with regard to the emergence of new dominant
groups, families and individuals would determine the
nature of structural and cultural changes to be brought
about through Panchayati Raj.

Conclusion
Despite Constitutional safeguards being made available to

the Panchayati Raj institutions, conflicts within Panchayals
anil between PaiTcliayatl Raj bureaucracy and power elite arc
likely to continue unless it is accepted as a philosophy, a way
of thinking and a practice. The message dial Panchayat is
simply an arena Io enact a power gttme has to be discouraged.
Over-politicization of electoral gains to Panchayat elections
can do no good to die people and to the Panchayati Raj
institutions. It has to be above and beyond die ‘politics of
standing committees' and transfer of school teachers.
Panchayati Raj functionaries have to work as social wokers.
Panchayati Raj has to create a sense of confidence among die
people regarding social justice rind non-partisan decisions.
The statutory previsions being made available would be of
considerable relevance for rural development If Panchayati
Raj becomes a philosophy, a practice, a movement ensur
ing people’s confidence for having social Justice and fair
play under the new dispensation.

Contcl. from page 10

women, better organisational behaviour through working in
groups, conscientization, redistribution of income through
better access to and control over money by the women and
attitudinal changes. At die national level, die outcomes
would be ptirticipatory development, greater work partici
pation, human capital mobilisation, reduction in gender
inequalities and adoption of better living.

Conclusion
Promotion of employment opportunities for rural women
dirougb dieir own organisations as envisaged in DWCRA
has opened up new vistas of learning for developing and
strengthening the participatory base for rural women's de
velopment and empowerment.
REFERENCES

Anker. R. and Bodrova. V. 1985. Working Women is Socialist Country.
ILD. Geneva, p.7.
Bhai. P.N. 1986. Harijan Women in Independent India B.R. Publishers.
New Delhi, pp. 55-21.

Bharathan. A.. Dubey. D.C. and Saiha. S.K. 1987. Status ofwomen and Her
Rule in Family Decision-making Process', In Gupta. R.N. el al..
Women's Accessibility to Health and Family Planning. ICMR, New

Delhi, pp. 11-26.

Chatterji, S.A. 1988. The Indian Women’s Search for Identity. Vikas Pub
lishers. New Delhi, p. 146.
Dash. L.N. 1993. Women, Family Life and Rural Welfare. Monak J*ublicQlions. New Delhi, pp. 174-149.

Devadas. R.P. 1990. Strategies for Empowering Women for Development:
Endowment Lecture on Women’s Studies delivered on 21.4.1990.
Pondicherry University.

Food and Agriculture Organisation (FAO) 1990. Gender Issues in Fisheries
and Acquacullure : Workship on Enhanced Women’s Participation in
Fisheries Development, pp. 36-58.
International Labour Organisation til.O). 1984. ‘Women’s Participation in
Economic Activity': World Employment Programme Research workiny paper. No. 42. Geneva, p. 17.

Pivoz. Ellen (jail and Fernndo Viteri 1995. ‘Studying Health and Nutrition
Behaviour by Examination of Household Decision-making. Intra
Household’-Resource Distribution and the Role of Women in these
Processes. Food and Nutrition, Bulletin. Vol. 7(4). pp. 131.
Raj. L.S. 1991. Quest for Gender Justice. A Critique on the Status of the
Women in India. T.R. Publications, p. 2.
Srinath. K. 1992. Empowering Rural Women through Extension Education
and Action Research in a Fishing Village. A Ph.D. thesis submitted to
Avinashilingam Institute for Home Science and Higher Education for
Women. Deemed University, Coimbatore.
Q

‘ ‘To enable women to make significant contribution to natinal development, we must
emphasise programmes for more and better education for women and for increasing
employment opportunitiesfor them in all the different walks oflife. The first and the most
important step, from this point of view, is to educate public opinion on right lines and
to convince the people that the education ofgirls and women is even more important than
that of boys and men ’'.
— Dr Zakir Husain

38

KlIRDKSIIliTRA. September 1994

THE CONSTITUTION (SEVENTY-THIRD AMENDMENT) ACT,
1992

AN ACT

lurher to amend the Constitution ol India
Be it enacted by Parliament in the Forty-third Year of the
Republic of India as follows:—

1. (1) This Act may be called the Constitution (Seventythird Amendment) Act, 1992.

Short title end
commence*

(2)
It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
2.
Aller Part VIII of the Constitution, the following Part shall Insertion
of
new Part IX.
be inserted, namely:—
PART. IX

THE PANC^AYATS
243. In this Part, unless the context otherwise requires,—

Definitions.

"district" means a district in a State;
(b)
"Gram Sabha" means a body consisting of per
sons registered in the electoral rolls relating to a village
comprised within the area of\Panchayat at the village
level;
J
(a)

(c)
"intermediate level" means a level between the
village and district levels specified by the Governor of a
State by public notification to be the intermediate level lor
the purposes of this Part;

(d)
"Pgnchayal" means an institution (by whatever
name called) of self-government constituted under article
243B. for the rural areas;
(ej "Panchayat area” means the territorial area of a
Panchayat; -

(I)
"population" moans the population as ascertained
al the last preceding census ol which the relevant figures
have been published;
(g) "village" means a village specified by the Gover
nor by public notification to be a village for the purposes ol
this Part and includes a group of villages so specified.
243A. A Gram Sabha may exercise such powers and
perform such lunclions al the village level as the Legislature of
a State may by law, provide.
243B. (1) There shall be constituted in every Stale, Panchayals al the village, intermediate and district levels in
accordance with the'provisions of this Part.

Gram Sabha.

Constitution of
Panchayat*.

2
(2)
Notwithstanding anything in clause (1), Panchayats at
the intermediate level may not be constituted in a Stale having
a population not exceeding twenty lakhs.
Composition of
.Panchoyots

243C. (1) Subject to the provisions o( this Part, the Legis
lature of a State may, by law, make provisions with respect to
the composition of Panchayats:

Provided that the ratio between the population of the
territorial area of a Panchayat at any level and. the number of
seats in such Panchayat to be filled by election shall, so .far as
practicable, be the same throughout the State.
(2)
All the seats in a Panchayat shall be'filled by persons
chosen by direct election Irom territorial constituencies in the
Panchayat area and; lor this purpose, each Panchayat area
shall be divided into territorial constituencies in such manner
that the ratio between the population of each constituency and
the number of seals allotted to it shall, so far as practicable, be
the same throughout the Panchayat area.
(3)
The Legislature of a State may, by law, provide for the
representation—
(a)
of the Chairpersons of the Panchayats at the
village level, in the Panchayats at the itnermediate level
or, in the case of a State not having Panchayats at the
intermediate level, in the Panchayats at the district level;

(b)
of lhe Chairpersons of the Panchayats at the
intermediate level, in lhe Panchayats al lhe district level;
fcj of the members of lhe House of lhe People and lhe
members.of lhe Legislative Assembly of the State'represenling constituencies which comprise wholly or partly a
Panchayat area at a level other than the village level, in
such Panchayat;

(d) of the members of the Council of Sates and the
members of the Legislative Council of. the Stale, where
they are registered as electors within—

(i)
a Panchayat area al lhe intermediate level, in
Panchayat at lhe intermediate level;
(ii) a Panchayat area at the district level, in
Panchayat at the district level.
v(4) The Chairperson of a Panchayat and other members of
a Panchayat whether or not chosen by direct election from
territorial constituencies in the Panchayat area shall have the
•right to vole in-the meeting of the Panchayats.

3
(5) The Chairperson o(—
(a)
a Panchayat at the village level shall bo elected in such
manner as the Legislature of a State may, by law, provide; and

(b)
a Panchayat at the intermediate level or district level
shall be elected by, and from amongst, the elected members
thereof.

243D (1) Seals shall be reserved lor—
(a) the Scheduled Castes; and

Reservation of

soa,s-

(b) the Scheduled Tribes,

in every Panchayat 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
Panchayat as lite population of the Scheduled Castes in that
Panchayat area or of the Scheduled Tribes in that Panchayat
area bears to the total population of that area and such seats
may be allotted by rotation to different constituencies in a
Panchayat.
(2)
Not less than one-third of the total number of seats
reserved under clause (1) shall be reserved for women belong
ing to the Scheduled Castes or, as the case may be, the
Scheduled Tribes.
(3)
Not less than one-third (including the number of seats
(Reserved for women belonging to the Scheduled Castes and the
Scheduled Tribes) of the total number of seats to be filled by
direct election in every Panchayat shall be reserved lor women
and such seats may be allotted by rotation to different con
stituencies in a Panchayat.

(4)
The offices of the Chairpersons in the Panchayats at
the village or any other level shall be reserved lor the
Scheduled Castes, the Scheduled Tribes and women in such
manner as the Legislature of a State may, by law, provide:

Provided that the number of oilices of Chairpersons
reserved for the Scheduled Castes and the Scheduled Tribes in
the Panchayats at each level in any State shall bear, as nearly
as may be, th-? same, proportion to the total number of such
offices in the Panchayats at each level as the population of the
Scheduled Castes in the State or of the Scheduled Tribes in the
Stale bears to the total population of the State:
Provided further that n.ot less than one-third of the total
number of offices of Chairpersons in the Panchayats al each
^level shall be reserved for women:
Provided also that the number of offices reserved under
tliis clause shall be allotted by rotation to different Panchayats

-■ each level.

' I

(5)
The reservation of seats under clauses (1) and (2) and
the reservation of offices of Chairpersons (other than the
reservation for women) under clause (4) shall cease to have
effect on the expiration of the period specified in article 334.

(6)
Nothing in this Part shall prevent the Legislature of a
State from making any provision for reservation of seats in any
Panchayat or offices of Chairpersons in the Panchayats at any
level in favour of backward class of citizens.
Duration
Panchayats
otc.

of

243E. (1) Every Panchayat, unless sooner dissolved under
any law for the time being in force, shall continue for five years
from Hie dale appointed for its first meeting and no longer.
(2) No amendment, of any law (or the lime being in force
shall have the effect of causing dissolution of a Panchayat at
any level, which is functioning immediately before such amend
ment, till the expiration of its duration specified in clause (1).
(3)

An elction to constitute a Panchayat shall be com-

pleled—

(a) before the expiry of its duration specified in
clause (1):

. (b) before the expiration of a period of six months
from the date of its dissolution:
Provided that where the remainder of the period for which g
tho dissolved Panchayat would have continued is less than six "

months, it shall not be necessary to hold any election under this
clause (or constituting the Panchayat lor such period.
(4)
A Panchayat constituted upon the dissolution of a
Panchayat before the expiration of its duration shall continue
only for the remainder of the period for which the dissolved
Panchayat would have continued under clause (1) had it not
beerujjo dissolved.
Disqualiticalions tor mem
bership.

243F. fl) A person shall be disqualified lor being chosen
as, and (or being, a member of a Panchayat—

(a) if he is so disqualified by or under any law for the
time being in force for the purposes of elections to the
legislature of the Slate concerned: •

Provided that no person shall be disqualifed on the ground
that he is less than twenty-live years of age, if he has attained
the age of twenty-one years;
fb) if he is so disqualified by or under any law made
by the Legislature of the State.

(2) II any question arises as Io whether a member ol a
Panchayat lias become subject to any ol the disqualifications
mentioned in clause (I), the question shall be referred lor the
decision ol such authority and in such manner as lhe Legisla
ture ol a Stalo may, by law, provide.
243G. Subject to the provisions of this Constitution, tho
Legislature of a Stale may, by law, endow the Panchayals with
such powers and authority as may be necessary to enable
them Io function as institutions ol sell government and such law
may contain provisions for lhe devolution ol powers and
responsibilities upon Panchayals at Iho appropriate level, sub
ject to such conditions as may be specilied therein, With respect

Powers, audio*
rlty and res
ponsibilities of
Panchayals.

(a) the preparation of plans (or economic development
and social justice;
(b) the implementation ol schemes lor economic
development and social justice as may be entrusted Io
them including those in relation to tho matters listed in the
Eleventh Schedule.

2431-1. The Legislature of a Stale may, by law,—
(a) authorise a Panchayat to levy, collect and appropri
ate such taxes, duties, lolls and fees in accordance with
such procedure and subject to such limits;

)

Powers to im
pose taxes by,
and Funds of,
the
Panchayats.

(b) assign to a Panchayat such taxes, duties, tolls and
fees levied and collected by the State Government lor
such purposes and subject to such conditions and limits;
(c)
provide lor making such grants-in-aid to the Pan
chayals from tho Consolidated Fund ol the Stalo; and

(d)
provide lor consjitulion ol such Funds lor crediting
all moneys received, respectively, by or on behalf ol lhe
Panchayals and also lor the withdrawal ol such moneys
therefrom.
as may be specilied in lhe law.
243-1. (I) The Governor ol a Stale shall, as soon as may
bo within one year Irom tho commencement ol the Constitution
(Seventy-third Amendment) Act, 1992, and thcrealter al tho
expiration ol every filth year, constitute a Finance Commission
to review the financial position ol lhe Panchayals and to make
recommendations to lhe Governor as to—
(a) the principles which should govern—

(i) the distribution belwoen lhe Slate and Iho
Panchayals of tho not proceeds of lhe taxes, duties,
■ lolls and lees leviable by lhe Stale, which may bo
divided between them under this Part and the alloca
tion belwoen lhe Panchayals al all levels ol their
respective shares of such proceeds:

Constitution of
Finance Com
mission to re
view financial
position.

•
-

6 .

.

(„) the determination of tho taxes, duties, tolls and
fees which may be assigned to, or appropriated by,
tho Panchayats;

(Hi) the granls-in-aid to the Panchayats from the
Consolidated Fund of Hie Slate;
(b) the measures needed to improve the financial
position of the Panchayats;

(c)
any other matter referred to the Finance Commis
sion by Hie Governor in tire interests of sound finance of
the Panchayats.
(2) The Legislature of a Stale may, by law, provide lor the
composition of the Commission, the qualifications which shall
be requisite tor appointment as members thereof and the
manner in which they shall be selected.

(3)
The Commission shall determine their procedure and
shall have such powers in the performance of their functions as
the Legislature of the State may, by law, conler on them.

(4)
The Governor shall cause every recommendation made
by the Commission under this article together with an explana
tory memorandum as to the action taken thereon to be laid
before lire Legislature of the State.
Audit of
counts of
chayats.

icm-

. 243J. The Legislature of a Stale may, by law, make
provisions with respect to the maintenance ol accounts by the
Panchayats and the auditing of such accounts.

Elections
the
chaynls.

to
in-

2'13K. (I) Tito superintendence, direction and control ol the
preparation ol electoral rolls lor, and llio conduct ol, all
elections to Ute Panchayats shall be vested in a Stale Election
Commission consisting ol a Stale Election Commissioner to be
appointed by the Governor.
(2) Subject to the provisions of any law made by the
Legislature ol a Stale, the conditions of service and tenure of
office ol the Stale Election Commissioner shall be such as the
Governor may by rule determine:

9' !

Provided that the Slate Election Commissioner shall not be
removed from his office except in like manner and on the like
grounds as a Judge of a High Court and the conditions ol
service of the Slate Election Commissioner shall not be varied
to his disadvantage alter his appointment.
(3) The Governor ol a Slate shall, when so requested by
the Slate Election Commission, make available to the Stale
Election Commission such stall as may be necessary lor the ’ /y
discharge ol the functions conferred on the Stale Election •
Commission by clause (I).
■ .

(-1) Subject Io the provisions of (his Constitution, the
Legislature of a Stale may, by Law, make provision with respect
to all matters relating to, or in connection with, elections to the
Panchayals.

243L. The provisions of this Part shall apply to.the Union
territories and shall in their application to a Union territory, have
effect as if the references to the Governor of a Stale were
references to lire Administrator of tire Union territory appointed
under article 239 and references to the Legislature or the
Legislative Assembly of a Slate were references, in relation to a
Union territory having a Legislative Assembly, Io that Legislative
Assembly:

Application to
Union
terri
tories

Provided that the President may, by public notification,
direct that the provisions of this Part shall apply to any Union
territory or part thereof subject to such exceptions and modifica
tions as he may specify in the notification.
243M. (1) l-lothing in litis Part shall apply to the Scheduled
Areas relerred to in clause (1), and the tribal areas referred to
in clause (2), of article 244.

(2) Nothing in this Part shall apply Io—
(a) the Stalos of Nagaland, Meghalaya and Mizoram;
(b) lite hill areas in Ute Stale of Manipur for which
District Councils exist under any law for the time being in
force.

(3) Nothing in litis Part—

'

(a) relating to Panchayals at the district level shall apply to
the hill areas of the District of Darjeeling in the Stale of West
Bengal lor which Darjeeling Gorkha Hill Council, exists under
any law for lite time being in force;
(b) shall be construed to allcct the (unctions and powers of
the Darjeeling Gorkha Hill Council constituted under such law.

(4)

Notwithstanding anything in this Constitution,—

(a) the Legislature ol a Stale referred to in sub-clause (a)
of clause (2) may, by law. extend this Part to that State, except
the areas, il any, relerred to in clause (1). if the Legislative
Assembly ol that Stale passes a resolution to that effect by a
majority ol the total membership of that House and by a'
majority-of not less than two-thirds of the members of that

House present and voting;

Part not to
apply to certain
areas.

(b)Parliamont may. by law, extend the provisions, of this
Part to the Scheduled Areas and the tribal areas referred to in
clause (1) subject to such exceptions and modifications as may
be specified in suclt law, and no such law shall be deemed Io
bo an amendment of this Constitution (or the purposes of article
3G8.
Conllnuanco of
enisling
Inws
and
Panchayata.

243N. Notwithstanding anyting in this Part, any provision of
any lav/ rolaling to Panchayals in forco in a State immediately
before tho commencement of the . Constitution (Seventy-third
Amendment) Act, 1992, which is inconsistent with the provi
sions of this Part, shall continue Io bo in force until amended or
repealed by a competent Legislature or other competent autho
rity or until tho expiration of one year from such commence
ment, whichever is earlier:

Provided that all the Panchayals existing immediately
boloro suclt commencement shall continue till the expiration of
their duration, unloss sooner dissolved by a resolution passed
to that ollocl by tho Legislative Assembly of that Stalo or, in the
c-eso of a Stalo having a Legislative Council, by each House of
the Legislature of that State.
Bor to Interioranca by courta
In
doctoral
matters.

2'13-0. Notwithstanding anything in this Constitution,—

(a) tho validity of any law relating to the delimitation of
constituencies or the allotment of scats to suclt constituen
cies mado or purporting to bo made under article 243K.
shall not bo called in question in any court;

®

(b) no oloclion to oriy Panchayat shall bo called in
question excopl by an election petition presented to such
authority and in such manner trs is provided for by or
under any law made by Iho Legislature ol a Stjilo. .
Amendment of
article 280.

3.
In clauso (3) ol article 2U0 of tho Constitution, alter sub
clause (b), tho following sub-clause shall bo inserted, namely:— .

"(bb) tho measures needed to augment the Consoli
dated Fund ol a Slate to supplement the resources of the
Panchayals in tho Stalo on tho basis of tho recommendations
made by the Finance Commission of the Stale;"
Addition of
Eleventh
Schedule.

4.
Aitor Iho Tenth Schedule to the Constitution, tho
following Schedule shall be added, namely:—

"ELEVENTH SCHEDULE
(Article 2<13G)

■

1. Agriculture, including agricultural extension.
2.
Land improvement, implementation ol
reforms, land consolidation and soil conservation.

land

•

9
3.
Minor irrigation, waler management and watershed
development.
4.
Animal husbandry, dairying and poultry.
5.
Fisheries.
6.
Social forestry and larm forestry.
7.
Minor forest produce.
0. Small scalo industries, including food processing indus

tries.
9.
Khadi, village and collago industries.
10.
Rural housing.
11.
Drinking waler.
12.
Fuel and fodder.
13.
Roads, culverts, bridges, forties, waterways and oilier
means of communication.
14.
Rural electrification, including distribution of electricity.
Non-conventional energy sources.
16.
Poverty alleviation programme.
17.
Education, including primary and secondary schools.
10. Technical training and vocational education.
19 Adult and ncn-formaf education.
15.

20.
Libraries.
21.
Cultural activities.
22.
Markets and lairs.
23.
Health and sanitation, including hospitals, primary
health centres and dispensaries.
24.
Family welfare.
25.
Women and child development.
26 Social welfare including welfare ol the handicapped and
mentally retarded.
' 27. Welfare ol the weaker sections, and in particular, ol the
Scheduled Castes and the Scheduled Tribes.
20. Public distribution system.
29. Maintenance ol community assets."

K.L. MOHANPURIA,
Secy, to lire Govt, ol India.

rniurco uy rite i.iahageh, oovcntiMcnr or iuoia pness. minio noAO. new
DELHI AMD PUOLISHCD DY 1HE CONtROLLER OF PUULICAtlONS. DELHI. 1993

THE

FOUNDATION

84-A,

R. G.

Thadani

FOR

Marg,

RESEARCH

HEALTH

COMMUNITY

IN

Bombay-400 018.

Worli,

INDIA

Tel.: 4938601

Trustees :
Dr. N. H. Antia (Chairman & Director)
Dr. R. C. Awasthi

Prof. R. K. Mutatkar

Dr. M. W. Uplekar

Dear

The

(Ajk.

b)

enactment

of

the

73rd Amendment of

the

Constitution provides

opportunity to the conmon people for self- government.
is often expressed that people

various

tasks

enumerated

in

do not have

the

29

the

schedules

a

unique

Unfortunately the fear

capability to undertake

of

the

Act,

and

also

the

that

decentralization of power will lead to an increase in corruption and oppression.

Experience reveals that wherever people have been empowered and also provided
appropriate information, resources, encouragement and the required support, they

have been able to achieve results far superior

behalf by distant agencies

to those undertaken on

such as the government

and its bureaucracy.

their

The

present top-down approach has disempowered the people and created a sense of

dependency and helplessness.
This is as a result of the political system and its bureaucracy distancing itself

from the people and by withholding information regards the various progranmes,

services, facilities and funds meant for their benefit.

This has also prevented

any questioning by the people of their legal rights as citizens and regards the

programmes and services meant' for their welfare.
If Panchayati Raj is not
accompanied with information about this form of self-governance and the people's
role in its functioning as well as monitoring, it will result in further misuse
of the increased funds, facilities and services by the local ’leadership' who

will monopolize both the information as well as resources.

This will then be

used as another reason for attributing to the failure of Panchayati Raj.
This can be overcome only by widespread diffusion of appropriate information on

all relevant subjects, directly to the community at large, using all available

means such as word of mouth, written information in the local press, pamphlets,
as well as the appropriate use of the mass media when available.

It is evident

that such information cannot be disseminated through the bureaucracy and the

local power structure who have an interest in withholding it.

...2/..

The Foundation is registered under the Bombay Public Trusts Act of 1950 [Regd. No. E. 6007 (Bom)].

Covered u/s 35(i)(ii) of the Income Tax Act, 1961 vide Notification dated 17-5-1991.

THE FOUNDATION FOR RESEARCH IN COMMUNITY HEALTH

Formal education is not only a prolonged process but is also not available for
this purpose as it is controlled by those in power.

This impasse can be broken

only by the provision of relevant information directly to the people, bypassing
those whose interest is in perpetuating the present order.

India is

fortunate

in having a

vast resource in the

large number of highly

motivated individuals and grass-roots organizations who have direct access to the
people whose

credibility and

confidence

This

they enjoy.

resource must be

mobilized at this critical juncture in order to ensure that this opportunity for
empowerment of the people presented by Parliament is not lost by default.

We are herewith enclosing

a copy of the 73rd Amendment which enumerates the

subjects covered by the Act that affect most aspects of the life of our conmon
people.

It is necessary to inform the people about the important implications

of this amendment of the constitution which affects them so vitally; also that
this is the direct result of the power of universal franchise which they possess

We feel it is equally

and how they can use it more effectively in the future.

important to provide them information on each of the subjects covered by this Act

so that they may reap the benefits in each of these areas.
We appreciate

that

it

may

not

be

possible for every agency/

organization/

individual to have detailed information on each of these subjects.

expertise of all organizations can be pooled,

Yet, if the

this would provide a ready-made

information resource on every aspect covered by this Act.

This can then be made

available for transmission to the people at large after suitable modification for
local requirement.
Instead of a single or regional centre/s where such expertise can be pooled for
access and distribution, we feel that these organizations/agencies should form

a national INFORMATION NETWORK where they can comnunicate directly with each
other and exchange their knowledge and information.

»
The Foundation for

Research in Conmunity Health is

willing to undertake

the

preliminary task of formulating a comprehensive Directory of such organizations
with their

address,

areas

of

expertise and language

as also

information on

Panchayati Raj itself.
If you would like to join such a nationwide INFORMATION NETWORK will you please

fill the enclosed form and return it to us in the self-addressed envelope.
With regards,

Yours sincerely,

N. H. Antia, PROS,FACS(Hon.),

Director.

INFORMATION NETWORK

NAME OF THE ORGANISATION :

NAME OF REPRESENTATIVE/S :

ADDRESS s

TELEPHONE NO.

s

FAX i
LOCATION OF ACTIVITIES (RURAL/URBAN)

1

SPECIFIC AREAS OF WORK AND EXPERTISE s
(See also overleaf)

LANGUAGE OF COMMUNICATION :

Please
attach
names of
other
organisations
interested in joining the Network.

Any other relevant information

DATE

(with

address)

PLEASE TICK ANY ONE OR MORE OF THE FOLLOWING

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.

Agriculture
Land improvement and land reforms
Irrigation
Animal husbandry, dairying and poultry
Fisheries
Forestry
Small scale industries
Khadi, village and cottage industries
Rural housing
Drinking water
Fuel and fodder
Roads, bridges and waterways
Rural electrification
Non-conventional energy sources
Poverty alleviation programmes
Education
Technical training and vocational education
Adult and non-formal education
Libraries
Cultural activities
Markets and fairs
a
Health and sanitation
w
Family welfare
Women and child development
Social welfare, welfare of handicapped and mentally retarded
Welfare of scheduled castes and scheduled tribes
Public distribution system
Maintenance of community assets
Legal advice and procedures

(Also state if involved in any other areas.)

Symbolic politics
THE Technology Missions of Sam
Pitroda have triggered off something
deep in the body politic. At a time
of institutional fatigue — scientific,
technological and political — the
Technology Missions have become a
statement of hope. But history has
shown the underlying irony of many
such efforts. Many of these techno
logical programmes, using the major
buzz words of our time from science
to progress, have begun with the best
of intentions and ended in the des
truction of our civil rights.

The project on big dams has re
sulted in the creation of over a mil
lion refugees. The nuclear energy
complex uses seasonal workers to re
pair dangerous leaks and abandons
them. Intellectuals like Dhiren
Sharma are regarded as being anti
national for criticising India’s nuclear
policy and harassed. The havoc caus
ed by ‘progressive’family and urban
planning programmes is well known.
We had a forest bill, another ex
ample of progressive legislation that
threatened to destroy the commons,
the life support systems of thousands
of tribes and peasants.
The question we must ask is, how
can one prevent the Technology Mis
sions of Pitroda from going the way
of the exercises of Jagmohan, Kurien
and Raja Ramanna? One believes
this can be done through what Han
Jonas has called the ‘heuristics of

fear’; by creating a dialogic scenario
of fear and doubt to counterpoise
the managerial optimism of the
Technology Missions.

One believes that there is more to
these missions than merely techno
logy and that there will be more than
just these five missions. Pitroda him
self has confessed to a need for a
Technology Mission on family plan
ning. Newspapers have already re
ported plans for missions on housing
and dairy development. Voluntary
agencies must confront the Techno
logy Missions immediately, for the
ones that follow might be more
lethal.

There are two ways of confronting
the Technology Missions. The first is
to examine them empirically, evalu
ating the organisational, economic,
ecological and political viability of
each mission. The essays in this issue
do just that with a great deal of
competence. But my focus is noton
the missions per s'e. It is not the mis
sions that I want to confront but the
missionary. I want to. look at Sam
Pitroda and explain why I am afraid
of him and his missions. But the Pit
roda that I went to confront is not
the flesh and blood mam I admit
to his commitment, his idealism, his
verve and his competence. It is Pit
roda the media manipulator and
media-lovely who frightens me. It is
Pitroda the media archetype that I
want to confront through an essay
seminar 354 — February

1989

49

on the symbolic politics of the pre
sent-day regime.
Every regime has a notion of
unity, a set of official slogans that
captures its aspirations. With Jawa
harlal Nehru one thought of Panchs/iila (five principles of peaceful co
existence); with Indira Gandhi, the
Garibi Hatao
(remove poverty)
slogan; with Rajiv Gandhi, one
thinks of the summons into the
India of the 21st century. All these
slogans emphasise the aspirations of
the nation-state, but there is some
thing different about the last one.
While the first two forge some com
bination of a civilisational past and
an industrial present, the third pro
jects this unity into the future. The
future appears like a foreign country
where we will do things differently.

•T

-*• his is a dynamic concept and
needs three archetypal figures as
media myths to anchor its ideologi
cal and technocratic unity. The first
element of the triptych is ‘Mr.
Clean’, Rajiv Gandhi himself. But
there is a different aura surrounding
the other two figures. The first
figure, that of Amitabh Bachchan,
caters to populist concepts and
popular notions in a spectacular way.
He is, as the psychologist Ashis
Nandy has repeatedly emphasised,
the first great urban hero. The second
archetype, slightly more exclusive, is
a technocratic and managerial figure
and this cooler image is that of the
technocrat as hero, Sam Pitroda. I
want to examine the symbolic poli
tics of these two figures and show
that they help articulate the greatest
soap opera of our time: the idea of
development under the aegis of a
' nation-state.

•

Let me confess that academics
like me, even if we do not see all
his movies, take Amitabh seriously.
Beginning with Zanjeer and going
on to Deewar, Sholay and Coolie,
he has become someone radical and
unique in the mass imagination. As
I mentioned, he is an urban hero.
He is generally poor, maybe middle
class, but with few roots in the
rural frame. He provides a sense of
the mobility of the system and there
is a neutrality to the occupations he
portrays. He is generally
not
Brahmin and bureaucratic but coolie,
smuggler, worker, tongawala, com
The Technology Missions

mon man, con-man. The southern
Amitabh, Rajnikant, put the point
lucidly in an interview. When the
former bus conductor was once
asked, ‘If you were not an actor
what would you have become?’, pat
came the answer: a bootlegger or
a smuggler. Thus, all occupations
seem ethically equal.
While this archetypal urban hero
might lack a caste geneology, he
does possess an innate dignity, which
surfaces as a kind of physical
machismo. There are obstacles to
his career imposed by those in
power and these are met by an orgy
of violence. The painter M.F.
Husain has called Amitabh the
epitome of urban violence.

T

here are two additional points
that can be garnered from the genre
of Bachchan films. Firstly, there are
always good people present in the
system. There is always the com
mitted cop, the honest clerk, the
good father or the dedicated teacher
in this otherwise corrupt system.
Yet it is a goodness with limits.
Implied within the script is a notion
that conventional goodness or com
petence is not radically effective; it
cannot wipe out corruption. It lacks
the epic power of violent interven
tion to break the system.
Secondly, the urban hero, what
ever his other vices, is intensely
nationalistic. He wears his patrio
tism like a badge. And who is the
villain, the most corrupt figure in
the system? It is that most anti
national of figures, the smuggler.
The smuggler, usually called Robert
(remember the actor Ajit intonating
it?) or John, is an obstacle to nationa
list dreams and visions. As a sym
bol, he represents the defeat of our
swadeshi system, the eventual defeat
of our import substitution model of
industrialisation, our inability to
produce anything from a decent
watch to a tape-recorder. The
machismo, the searing violence of
Amitabh is inadequate to stop this
corrupt system. He might eliminate
a corrupt individual or a gang, but
the system still remains. To counter
the ‘Johns’ and ‘Roberts’ of the
system and to complement the
physical machismo with technologi
cal machismo comes Sam, Sam
Pitroda.

Within a narrower framework,
Pitroda represents an equally radical
break within
the technological
imagination. Swaraj has been an
integral part of the nationalist
imagination articulated in its latest
form in the slogan, ‘be Indian, buy
Indian’. Our nationalist movement
has been obsessed with industrial
competence and our swadeshi tracts
have desperately sought its secrets.
During the Swadeshi movement,
whether you made a pot or a pan or
a chappal, they were all celebrated
like great acts of history. Most of
these efforts were failures — witness
the records of the Industrial Com
mission Report — and many were
subject to con-men who took your
money and disappeared. Our econo
mic historians don’t read these sec
tions, but that is another point.
Pitroda at last offers the promise of
such technological competence.

P

itroda, like Amitabh, embodies
the flexibility and mobility of the
system. Son of a carpenter, he is
now a millionaire. But his is not the
genteel mobility of the older types
of scientists. It is not the slow,
ladder-like bureaucratic climbing of
the Atma Rams and Ghoshs of the
older system. It is a spectacular
leap-frogging of a self-confessed
entrepreneur, committed to Schumpetarian breakthroughs into the
system. He is that rarest of Indian
breeds, the scientist as entrepreneur.
One must recognise this as some
thing new and radical, which has
not emerged since the days P.C. Ray
established the Bengal Chemical and
Pharmaceutical Works during the
Swadeshi period.
Pitroda marks a discontinuity in
the scientific-technological system in
several other ways: In the earlier
mythology of science, the scientist
was a paper-producing creature. An
frs or an occasional Nobel prize
a la Raman was the eventual goal of
the system. The ordinary scientist
was scared witless by pilot plant and
production problems. A Pitroda is
not interested in papers. He wears
his patents like epaulettes.
Secondly, there is little or no con
cern with the metaphysics or philo
sophy of science in the Pitroda sys
tem, and none of the entanglement
in the scientific temper debate that

a Pushp Bhargav or a Ramaseshan
would indulge in. Pitroda is too
shrewd (or indifferent) to get bogged
down in the kind of scientific temper
debate into which Ashis Nandy
trapped a whole generation of
scientists.

The Pitroda script is like that of
Amitabh. There have been good
scientists in the system. But their
goodness and competence is inverte
brate. The Yashpals and Menons
create files. Pitroda threatens to
make history.
Like Amitabh, he is a nationa
list. He is playing out the American
dream in India as a super-urban
American who carries his new
Indian passport like a flag. There
is a technological machismo here
and none of the namby-pamby
debates on pilot plants or the dither
ing caution of the CSIR. Pitroda has
claimed that his Technology Mis
sions will expose the CSIR. The old
left radicals of the system are no
match for him. He can also trump
an Ashok Parthasarthy by claiming
to be both a better nationalist and a
better scientist.

Like Amitabh, Pitroda is a man

in a hurry. He is the scientist’s
Amitabh and no scientist in the
post-nationalist period has so cap
tured
the media
imagination.
Pitroda’s life, his work in office,
even his office secretary, gets th;
kind of media space Krishnan and
Bhatnagar received in their obitua
ries. He marks the end of the pure
scientist as hero model. Years ago,
a foreign scientist asked the scien
tists of npl to name any one of
their products that was being sold
in the streets of Chandni Chowk.
He was met with an embarrassed
silence. Pitroda would have chased
him from the hall.
Also, there is none of the gigan
tism of structures one associates
with the Bhatnagars and the Swaminathans. Pitroda floats freely above
these with his assault squad of pro
fessionals. And finally, like in the
Amitabh scripts, there is a com
pression of time. What took Indian
scientists - technologists years to
achieve, now has the promise of
quick delivery. It is like the changeover from a five-day to a one-day

match. One wonders how many
scientists will survive the change.
But this capturing of the imagi
nation creates problems, inaugurates
possibilities of violence as radical
as that of Amitabh Bachchan.
There is first the conflation of
technological and political models.
Politics is felt, by both, to be a
slow, decrepit and convoluted pro
cess. In his films, Amitabh shortcircuits the process through violence
as in Inquilab. Pitroda does it
through a substitution of politics
by techno-managerial models. Un
fortunately, he does not examine
the oppressive geneology of manage
ment from Winslow Taylor’s scien
tific management to present-day
cybernetic theory.

water or medicine appears as noise.
The tot model in this sense can
become, not only anti-democratic
but anti-ecological. One can under
stand this best by looking at the
notion of the other in the official
system. It is mediated, I believe, by
the idea of the India festival. Let us
locate Pitroda in contiguity with
Amitabh and Rajiv Gandhi.

w

’ ' hen one looks at Amitabh’s
statements, one notices that he was
promising schools, water, . health
and communication to Allahabad.
Pitroda is saying that what Amitji
promised for Allahabad, he can
deliver for the whole of India
through the Technology Missions.
Between the two, they perform an
inversion we must understand.

L Pitroda’s schema, a community
is substituted by the formal system
of an innovation chain, composed
of the three stages of invention,
innovation and diffusion. The inven
tion stage deals with the concep
tualisation of a scientific idea into
a technological product, innovation
with the commercial production
and diffusion with the wider socie
tal dissemination of the product.
Society becomes for him a transfer
of technology model, with the
emphasis on innovation and diffu
sion. The basic policy lies in the
diffusion of the goods of society
and this diffusion is from centre to
periphery.

In this model of technocracy,
consumerism is conflated with parti
cipation. The body politic consumes
but does not question. The linear
clarity of the innovation chain is a
managerial one. What is not ques
tioned is the message or package,
that is, the domain of invention.
The package to be consumed and
the knowledge systems that produce
it are accepted in toto. There is no
genuine theory of participation.
The idea of people’s participation
arises only when they have to serve
as extension counters of a top-down
idea.
Secondly, Pitroda’s tot model
moves across space which is empty.
It is irritated by the density of place,
by the past, by memory and tradi
tion. In this model, people’s view of
knowledge, their conceptions of

Through Amitabh, the semi-fascist
state feels that it is linked to the un
derside of India and the Indian im
agination. The Indian state feels
that through Amitabh it is communi
cating with the common man, the
coolie, the tongawala, the con-man,
the smuggler, all the people in that
micro-India, the slums of Khetwadi,
that fuel the imagination of Man
mohan Desai. .

The links that Amitabh provides
to the Indian masses are further
expanded in the official idea of the
India festival. There is the other
underside of the Indian imagination
— the craftsman as the sculptor, the
painter and the weaver, and the folk
artist as musician, dancer and per
former. These systems are brought
into display but only as ‘exhibits’,
not for real use in the bazaars but
as political acts of conspicuous con
sumption. Visvakarma is not resident
in these craftsmen. The idea of the
craftsman as hero has been appro
priated by Satyen Pitroda who has
replaced, as he himself put it, the
Charkha with the electronic Chip.
He thinks that they are merely two
objects. I wish to stress that they
are two separate semiotic systems
and what I am contending today
is that in pluralistic India, the
Charkha and the Chip must be dia
logic. Pitroda, I feel, cannot avoid
such a quarrel nor can he be allowed
to set the terms of such discourse.
The myth of Pitroda cannot be
defeated empirically. Pitroda’s Techseminar 354 —

February 1989

51

nology Missions have to be fought
with counter-myths. The media myth
of Sam Pitroda and his Technology
Missions must confront the world
of Sunderlal Bahuguna, Chandi
Prasad Bhatt and that of the Chipko
movement. For the purposes of the
paper, we shall schematise them.
By counterpoising Chipko and
the Technology Missions, the langu
age of discourse becomes crucial.

A
“

_
52

The question remains: how can
we prevent the Technology Missions
from degenerating into empty exer
cises or even examples of statist
repression through future prog
rammes on family planning, imm
unisation or housing? We offer
three sets of suggestions drawn from
the life experiences of concerned
academics and activists.
The first is the idea of an ombuds
man for each mission. In a wider

CHIPKO

TECHNOLOGY MISSION

— Political movement

— A transfer of technology model

— Participative

— Managerial, participation is
merely at extension level

— Concerned with raising the
issue of survival against
s&t developmental models

— Takes s&t and development as
given

— Peoples knowledge system,
women as key participants

— Bureaucrats and scientists as
experts

— Language of folk, songs,
stories; basically oral

— Language of expert, graphs,
statistics

— Focus: the community and
commons

— Focus: the nation-state and the
electronic information system.

Throughout seminars and official
presentations on the problems of
water or immunisation, one witnesses
the recurrent use of terms like ‘pro
blem village’ and ‘target population’.
Such language really became overt
in the American war against Vietnam. One is not a nominalist but
one still fears that such concepts in
the hands of development experts
can'become death warrants.

sense, the idea of an ombuds
man had been raised during the
J.P. movement and, I believe, Rama
krishna Hegde did institutionalise it
in Karnataka. The various missions,
especially those on immunisation,
water, housing and family planning,
may generate a host of everyday
complaints, which the bureaucracy
may not be sensitive to. In this con
text the ombudsman can play his
role with sensitivity and, at the
same time, also respond to the speci
fic problems of technological inno
vation in various forms.

• There is one last argument left
to make. Of late, the Indian state has
been enacting what might be called
the circus model of the state. The
government has indulged in huge
spectacles which are the substitute
of Roman circuses. We had .first
that great celebration of managerial
and technological competence, the
asiad. The state added to it the
Festival of India, another great
media spectacle. To add a bit more
of nationalism we had
Romi
Chopra and obm produce the Free
dom Run. And to add to that ersatz nationalism a technological competence, we might have the techno
logy run, the missions of Satyen
Pitroda.
The Technology Missions

This leads us to the second issue
about the human rights implications
of the various missions. The civil
liberties groups have not been sensi
tive to the human rights problems
posed by the various technocratic
projects, despite the Bhopal gas
disaster and the controversies sur
rounding the issue of nuclear energy.
Voluntary groups must do the anti
cipatory work on the implications
of displacement, obsolescence and
iatrogeny. The PUCL — PUDR
must attach an autonomous group
to monitor and anticipate civil rights

problems
cause.

such

missions

might

The record shows that technocra
tic experts like Jagmohan (urban
planning), Ramanna (nuclear) and
Kurien (dairy development) have
not only developed authoritarian
styles of functioning but are deeply
antagonistic both to dissent and the
right to information regarding their
projects! Pitroda’s Technology Mis
sions, by being sensitive to such cri
tical autonomous groups, might help
produce the social innovations that
technological and managerial sys
tems in a democratic polity require.
May be groups like the Medico
Friends Circle (mfc), the Kerala
Shastra Sahitya Parishad (kssp) and
the People’s Science Institute could
also monitor particular missions.

T

here is also a need for a wider
notion of social audit than present
in the cost-benefit, transfer of
technology models of Pitroda. The
notion of social 'audit has to work
within a different set of philosophi
cal concepts. The emphasis should
be not only on national self-reliance
but also on community reliance, and
concepts such as productivity and
efficiency should be complemented
by ideas of sustainability. In addi
tion, one. requires a notion of time
beyond the market, considering the
rights of future generations as well.
Such a notion of social audit must
work out more creative notions of
justice and suffering beyond the
bureaucratic models of insurance
and compensation.
These three responses are not
substitutable and should not be col
lapsed into an empty committee with
a panel of distinguished names.
Such a group cannot respond to the
everyday problems of the Techno
logy Missions. Also, a nominal com
mittee is inadequate to respond to
the social innovations that the
Technology Missions need. Pitroda’s
work should not be a narrowly con
ceived contribution , to technology.
To succeed, even technologically,
the missions must contribute to
widening the notions of both demo
cracy and the commons in India.
Otherwise Pitroda will go the way
of Jagmohan, Kurien and Ramanna:
proud of his expertise but contemp
tuous of the raucous demands of
Indian democracy.

PANCHAYATI RAJ

power
Will the Congress(I) let go?
SUKUMAR MURAUDHARAN
in New Delhi

JUST before midnight on April 23,
I Parliament passed an Act enshrining
me constitutionally-guaranteed right
to local self-government in the State of
Manipur. Since the 73rd constitutional
amendment bill — popularly known as
Panchayati Raj bill — was ratified
April 1993, every State had a year’s
time to enact legislation that put it into
effect. A few States did so with alac
rity. Others reluctantly went through
the motions. Finally, it was left to the
Central Government to pass the re
quired law for Manipur, currently un
der President’s rule. On April 23, all
States found themselves in conformity
with the constitutional requirement.
This was followed on May 31 with
the enactment of legislation in all
States in accordance with the 74th
amendment. Popularly known as the
Nagarpalika bill, the 74th amendment
came into effect on June 1, 1993. It
provided that the States would have to
amend their Acts dealing with urban
municipal administration within a year,
eliminating any dissonances with the
spirit of the constitutional amendment.
As one State after another fell in
line, extravagant predictions of a new
ra ‘in Indian democracy became
amon. But the more responsible ob
servers chose to reserve their- judg
ment. Experiences with democratic de
centralisation did not seem to warrant
such forecasts. A polity where power is
voluntarily surrendered is one that has
attained a high degree' of maturity.
One where' power is devolved as a selfinflicted discipline is one that aspires to
a degree of maturity. It is not yet clear
that these aspirations are shared across
the country — that the power blocs
which sub ■ tried an earlier phase of lo
cal self-administration have yielded
ground to the principle of local auton
omy.
The latest incarnation of local self
rule has its origin in the Congress(I)’s
late discovery of the virtues of devol
ution. in its dying days, the Rajiv Gan
dhi administration staked its political
fortunes on a constitutional amend
ment that would protect local institu

e

tions from the irksome interventions of
State Governments. It was carried
through the Lok Sabha thanks to the
Congress(I) Government’s brute ma
jority, but failed in the Rajya Sabha.
Opposition parties rightly saw some
aspects of the Rajiv Gandhi amend
ments as inimical to the powers of the
State Government. The amendments
were, first of all, cluttered with provi
sions which sought to lay out the pat
tern of local self-government down to
minute details, unmindful of local con
ditions. Furthermore, the Rajiv Gan
dhi amendments accorded an undue
influente to the office of the Governor.
And in a context in which controversy
was raging over the misuse of Article
356 and the tendency for Governors to
act as agents of the Centre, this was
bound to raise hackles.
The principle of devolution survived
this particular encounter. The National
Front Government that held office
briefly following Rajiv Gandhi sought
to build up a bipartisan consensus on.
the issue. Rapid changes of Govern
ment, and the political preoccupations
of Mandal and Alandir ensured that lit
tle progress was achieved.
Sufficient political momentum had
been built up in favour of devolution
when the P. V. Narasimha Rao Gov
ernment came to power. A fresh set of
amendments was drafted by January
1992, seeking to accord constitutional
protection to elected local bodies in
both rural and urban areas. After scru
tiny by a Joint Select Committee, both
amendments were passed by Parlia
ment in December 1992. By mid-1993,
the process of ratification by the States
had been completed.
The Nagarpalika and Panchayati Raj
amendments have broadly the same
thrust — to protect local institutions
from dissolution or supersession, and
to guarantee them a reasonable degree
of financial autonomy. There is a dis
tinction in both between mandatory
and discretionary requirements. A
three-tier system of panchayati raj iii
rural areas falls under the former cat
egory. A relaxation of this provision is
granted only for the few States that
have a population under 20 lakh. The
basic unit would be the village panchayat, and mediating the village and the

district panchayats would be another
tier, which the States could define in
accordance with local conditions.
Once constituted, panchayats and
municipalities would have a tenure of
five years. State Governments which
have so far enjoyed virtually unfettered
rights to dissolve and supersede local
bodies, have had to accept a radical di
lution of this power. And even in in
stances where the panchayats are dis
solved, they are to be reconstituted
within six months.
Within a . year of the coming into
force of the local self-government Acts,
the State Governments would be re
quired to constitute a Finance Com
mission, to review the financial pos:tion of the local bodies and to recom
mend an appropriate pattern of devol
ution of funds from the exchequer.
State Governments should place th
recommendations of the Finance Com
mission before the legislature con
cerned, along with a detailed report of
its own actions. In the event-of noncompliance, State Governments would
be required to specify reasons.
On the functional responsibilities to
be entrusted to the local bodies, State
Governments would retain a measure
of discretionary power. An illustrative
list of 29 subjects has been provided in
the Eleventh Schedule to the Constitu
tion. These range from agriculture,
land improvement, minor irrigation
and public distribution, to health, fam
ily welfare, and primary and secondary
education. Article 243(g) — newly-in
scribed through the 73rd amendment
— leaves some scope for State Govern
ments to’ fudge this devolution. There
is no mandatory requirement in this
respect. The provision merely is that
the State legislature may “endow the
panchayats with such powers and auth
ority as may be necessary to enable
them to function as institutions of sclfGovemment.”. ...
____
Critics of the new philosophy of
panchayati raj see this as a debilitating
provision. Considered against the
background of Governments, and
bureaucracies which have been averse
to the dilution of their authority, this
-eems to provide too much room to
preserve a skewed distribution of
powers between the State and the local

Frontline, June 17, 1994

bodies.
Elections to the local bodies are to
be ‘conducted under the supervision of
a single-member State Election Com
mission to be appointed by the Gov
ernor. Like his counterpart at the
Centre, the State Election (Commission
er would be appointed for a fixed ten
ure, which could not be changed to his
disadvantage.- And for his removal
from office, the same procedure as
prescribed for a judge of the High
Court — impeachment by a two-thirds
majority of Parliament — would be
applicable.
Along with the Finance Commission,
the State Election Commission is a key
institutional innovation. There could
be an element of uncertainty in the
procedure to be followed for the ap
pointment of this official by the Gov
ernor. Despite interminable debate,
the constitutional position of the Gov
ernor is still shrouded in ambiguity.
He clearly docs not occupy the same
position vis-a-uis the State govern
ment as the President does in relation
to the Union Government. The ten
sions that could arise from this ambi
guity were best shown during the Ra
jiv Gandhi days, when the Governor of
Andhra Pradesh refused repeatedly to
sanction the Telugu Desain Govern
ment’s appointment of a Lok Ayukta.
Opposition parties nevertheless went
along with the provision enabling the
Governor to appoint the State Election
Commissioner, because there is a con
stitutional nicety involved. It was also
an act of faith, that the confrontationist
• mood that prevailed between the Centre
and the States during the Indira-Rajiv raj
will now give way to an ambience of
cooperative federalism.
The States are mandatorily required
to ensure a minimal level of represent
ation of various sections. A minimum
of one-third of the seats in municipali
ties and panchayats at all levels are to be
reserved for women. In audition.
Scheduled Castes and Tribe- should
have a representation not lower than
their numerical proportion in the
population. Within the category ol
seats reserved for S.Cs and S.Ts, onethird again would be exclusively for
women.
The constitutional amendments also
provide for a further quantum of dis
cretionary reservations for ‘other back
ward classes’ (OBCs) or ‘socially and
educatiohallv
backward
classes’
SEBCs).
In their pieces of legislation, most
Stale- have opted lor S.G-S.T. reser
vations in proportion to their popula
tion. Only Karnataka, among a set of
10 States studied by the Department of
Rural Development, has opted for a

Frontline, June 17. 1994

fixed representation on the lines, of the
national pattern — 15 per cent for
S.Cs. and 7 per cent for S.Ts.
Karnataka has taken an expansive
view of the powers of reservation.
One-third of seats in gram panchayats
are to be reserved for OBCs under the
Karnataka Panchayati Raj Act of 1993.
And within reservations for OBCs,

The Congress(I) as a
party is suspicious
of anything that
remotely smacks oi
popular
mobilisation. Its
culture predisposes
it towards
centralising
decision-making
authority.
women constitute a sub-category en
titled, in turn, to a one-third share.,
Gujarat has kept the reservation for
OBCs at one-tenth. Madhya Pradesh
has restricted OBC reservation to
those gram panchayats where the S.C.S.T. quota is less than one-half. And
Maharashtra has adopted the MandalCommissidn formula of OBC represen
tation to the extent of 27 per cent. Ke
rala, Assam, Orissa, Sikkim and Tri
pura have chosen not to accord any
specific representation to the OBCs.
Since the States were obliged in large
part to follow a Central directive, their
Acts show broad similarities in several
respects. The basic unit of organisation
could be a revenue village — as in
Gujarat, Kerala and Assam-— or a
cluster of villages. Karnataka and Bihar
have defined a minimum population
threshold for the constitution of a gram
panchayat — between 5,000 and 7,000
in the former case, and 7,000 in the
latter.
Karnataka specifies one representa
tive for every 400 villagers, while Bi
har has settled for a ratio of one for
every 500. Other States have chosen
merely to define the minimum and
maximum sizes of the gram pancha
yats. The minimum membership of a
panchayat in the Gujarat model stands
at seven. Orissa prescribes a minimum
of 11 and a maximum of 25, whereas
Assam puts down a fixed number of
directly-elected members — 10 for
every gram panchayat.
Certain differences in detail are also

apparent in the mode of election of the
gram panchayat chiefs. A majority of
States have opted for the indirect elec
tion of both the panchayat head and his
deputy. Gujarat, Madhya Pradesh and
Assam, notably, l ave introduced direct
polls for the panchayat chairman’s
post. The deputy, however, will be
chosen indirectly, from among the
-panchayat members.
Direct election of members is a man
datory requirement even moving v
wards in the hierarchy of local •
government. The intermediate tier
administration in most States is the
block or ‘taluk. The population repre
sented by a member of the taluk panchayat varies from 5,000, as in Bihar
and Madhya Pradesh, to 8,000, as in
Tripura, and 10,000 as in Karnataka.
Most acts have provided for the repre
sentation of State legislators on taiuk
panchayats. Gujarat is a notable excep
tion, where legislators would -be allow
ed to attend panchayat meetings, but
denied the right to vote. iMaharashtra
has been more stringent — it does not
accord State-level representatives the
privilege of membership in local bod
ies.
Students of local self-government —
such as George Mathew of the Institute
of Social Sciences, Delhi — argue that
representation to legislators is a way of
diluting the power of local bodies. In
the event of tension arising on the de
volution of power, legislators could
undermine the bargaining power of lo
cal bodies from within. By this cri
terion, the Gujarat and Maharashtra
acts are model legislation, while the
Karnataka act — which provides re
presentation even to Members of Par
liament — is at the lower end of the
scale of adequacy.

The next tier of local government —
the district panchayats — follow the
same pattern. Most States have enabled
MPs to sit on district panchayats as full
members with voting rights. The no
table exceptions — as in the taluk pan
chayats — are Gujarat and Maharash
tra. Upward of the taluk panchayat,
indirect election of the chairman be
comes the rule. The schemes for as
sured representation through reserva
tion remain uniform across all three
tiers in the various Slates.
In actually allocating responsibilities,
the States have been niggardly. Most
have chosen to transfer partial jurisdic
tion over health, education, agricul
ture, soil conservation — and other
such activities which typically have a
local bearing — to the panchayat com
mittees. State governments continue to
have the preponderant role in these
areas. Observers such as George

I

Mathew suspect that the idea would be
to mak"e a few token transfers of
power, but to retain the core functions
at the State level, reducing local selfgovernment to a travesty.
Another serious lacuna — uniformly
found in the Slate acts — is connected
with the executive staffing pattern of
the panchayat bodies. The efficacy of
local bodies in fulfilling their mandate
would be intimately connected with
the commitment and sense of account
ability of their executive staff. The po
tential for a dilution of will between
the decree of an elected body and the
action of an executive body is always
significant. Strong local bodies derive
some of their rationale from the con
sideration that this potential tends to
be less when the elected body and the
executive agency are directly and im
mediately answerable to each other.
when the executive agency finds
itself serving two masters, the possibil
ity of a conflict of interests becomes
strong. This could diminish the effec
tiveness of local self-rule.
The legislation recently brought forth
does not provide for the local bodies to
recruit their executive staff, except at
the village level. At both taluk and dis
trict levels, staffing will be done en
tirely through secondment from State
government service. Even in the in
stance of the centrally enacted legisla
tion for Manipur, as the Congressfl)
Ml’ Mani Shankar Aiyar has shown.
the balance of executive power is tilted
strongly towards officers implanted by
State governments. Aiyar, who has
campaigned
long and
hard
for
panchayati raj — ironically enough, he
was among the staunchest champions
of the concept .even in the somewhat
perverse version that Rajiv Gandhi
it — can hardly conceal his disapjwitment, though party loyalties im
pel him to argue that these kinks will
be ironed out in due course.

Other observers are not quite so
sanguine. Former Cabinet. Secretary
Nirmal Mukherji argues that “selfgovernment of any kind must have not
only a clearly demarcated field of ac
tivities, but also the instruments with
which to govern in this field.” And
since executive power is a key instru
mentality, the States should endow the
panchayats with the power “to recruit
and control their own staff.” Mukherji
is at pains to emphasise that panchavats should not “rely only on em
ployees as their instrumentalities."
They should also work through other
established local institutions, such as,
for instance, cooperative societies, ag
ricultural marketing societies, and
credit institutions.
40

The various subtleties of putting to
gether an effective system of local gov
ernment have obviously been given lit
tle thought in the constitutional
amendments or in the consequential
legislation. In the final analysis, the
achievements of these Acts are of a
modest nature. Regular elections to lo
cal bodies have been institutionalised,
and State governments' abilities to
override local institutions curtailed.
But panchayati raj could still be bent
to the political will of State govern
ments — as the actions of Congress(I)
governments in Kerala and Karnataka
have shown.

Both these States had bold and inno
vative Acts on local self-government
on their statute books well before the
73rd and 74th amendments were pass
ed. Subsequent to these amendments,
the earlier Acts were scrapped and en
tirely new ones brought in — invari
ably with provisions that diluted the
autonomy of local bodies. George
Mathew argues that the new Acts in
both Kerala and Karnataka drastically
tilt the balance of power in favour of
the bureaucracy. In Karnataka, for in
stance, the 1993 Panchayati Raj Act
“empowers officials, through an order
of the government, to enquire into the
affairs of village, taluk and district
panchayatc<"- Executive officers are
given the authority to ‘suspend the ex
ecution’ or even ‘prohibit’ any act ot
the panchayat, if in his opinion, it is
‘unjust’.
In bringing in a uniform system of
local administration across the country,
the Central Government has reduced
the more distinguished State Acts to
the same drab homogeneity. The only
exception is West Bengal, where a lo
cal government Act has been in force
since 197S. In its scope, the West Ben
gal legislation far exceeds the stipula
tions ot the /3rd and 74th amend
ments. Last year, West Bengal became
the only State to hold four successive
elections on schedule to local bodies.
And this achievement came not on ac
count of coercion from the Centre, but
because local institutions have over
time harmonised their activities —
both politically and administratively —
with the State government.
Some scepticism about the potential
for such harmonisation in other States
would be warranted by the very char
acter of the political party that is at rhe
helm. Unlike the Left Front in West
Bengal, the Congress(l) as a party is
suspicious of anything that remotely
smacks of popular mobilisation. It has
an entrenched culture that predisposes
it towards centralising decision-making

authority. Popular sovereignly in the
Congress(I) scheme of things has long
since been reduced to a notion of the
infallibility of the ‘high command’ —
which loosely translated would mean
the party president and the coterie that
enjoys his favour at the time.

It is an eloquent comment
the
Congress(I)’s commitment to devol
ution that the dawn of panchayati raj
was accompanied by the supersession
of all elected bodies at the State and
district levels within the party. The
Congress(I) clearly has no use for local
autonomy. It feels more comfortable
with a dispensation under which the
parly president packs all local commit
tees with his nominees.
The recent history of local self-gov
ernment in the country shows it is inti
mately connected with the politics of
the Opposition. A phase of activism
was initiated by various non-Congress
State governments beginning in the
late 1970s. West Bengal in 1978 was
followed by Kerala in 1979. The Ke
rala District Councils Act, introduced
by the Left Democratic Front in 1979,
was for long in limbo a.vailing presi
dential assent. It became law only
when the next Left government took
office in 1987. In Karnataka, it was the
Janata Party Government 'installed in
1983 which took the first decisive steps
towards devolution. This-was followed
at close quarters, by a similar effort by
the Telugu Desam Government in
In all these instances, local self-gov
ernment was a political project. The
promotion of the concept ran concur
rently with an effort to bring new
forces into the political process, and
build social coalitions that could meld
into an electoral plurality at the.State
level. These were disconcerting devel
opments for the. Congress. I . which
was divorcing itself from the process of
political mobilisation, and becoming
increasingly dependent upon the cha
risma of a supreme leader.

Rajiv Gandhi was in many ways the
epitome of this personalised style of
politics. His maladroit attempt to pro
ject himself as a champion of people's
power deservedly came a cropper. But
the programme he inaugurated has
now come to fruition._It has ..certain.
safeguards that could check its abu<e,
but it clearly lacks the dynamism to
ensure its success. Yet there is the pos
sibility, th.: in the hands of certain
political parties,’ the panchayati raj sys
tem may become a powerful instru
ment of social transformation. The
Congress(I) as a party clearly does not
fit this bill. But some others might. ■

Frontline. June 17. 1994

f

PAN CH AYATI RAJ

Delayed democracy
Panchayat polls put off in Karnataka—
Parvathi Menon
in Bangalore

TPHE Congress Government in Kar
li. nataka, in power for four years
now, lias earned a certain notoriety for
dodging a commitment it made to the
people: installing a panchayati raj with
actual powers of self-government.
Even while claiming to be the first
State to introduce a Panchayati Raj Act
that conforms in ‘'letter and spirit” to
the 73rd Constitution Amendment Act,
1992, it has systematically scuttled
elections to the panchayati raj bodies
on one pretext or the other.
The elections to taluk and zilla panchayats, scheduled to be held on April
27 (gram panchavat polls were held on
December 30, 1993) were first postponed to May 26 and 29, on the un
convincing ground of a deteriorating
law and order situation. Now they
have been put off once again through
an ordinance promulgated on May 1.
The stated reason is to extend the
benefits of the State Government’s new
rese. cation policy (a modification of
the 0. Chinnappa Reddy Commission
Report) to the panchayat bodies. But
the real reason is the Government’s re
luctance to face the electorate. There
has been tremendous pressure from
within the Congress(I) to postpone the
elections, as a defeat would be disas
trous for the party’s prospects in the
Assembly elections due by November.
Another reason is that partymen are
not willing to exhaust their resources
before the Assembly poll.
The Cabinet, endorsing the post
ponement, has appointed Justice P. P.
Bopanna, a retired judge of the Karna
taka High Court, as a one-member
commission to advise the Government
on delimiting panchayat constituencies
to ensure “effective representation”
for the Scheduled Castes and Tribes,
Backward Classes and women. The re
set is to be submitted within three
months and it is unlikely that pancha
yat elections will be held till next May.
One man who stands isolated in the
Congress on this issue is M. V.
Ghorpade, Minister for Panchayati Raj
and Rural Development. He resigned
in protest against the postponement.
Frontline. June 17. 1994

It was expected that the two Con
gress® observers — Naval Kishorc
Sharma, All India Congress Committee
general secretary in charge of Karna
taka, and Rameshwar Thakur, Union
Minister of State for Rural Develop
ment — who recently visited Banga
lore would convey the views of the
Central leadership on the Moily Gov
ernment's decision to postpone the
elections. But they made no categorical

Minister M. Y. Ghorpade who
resigned in protest... an isolated
stand..

statement. At a press conference,
Rameshwar Thakur did say that elec
tions to the panchayati raj institutions
were long overdue, but that was all.
Sharma was equally non-committal
when he said elections to the zilla
parishads would be held either after or
before the Assembly elections.
While reports say the Central lea
dership is unhappy with Moily’s deci
sion. clearly no pressure will be put on
him to rescind it. The argument that
holding zilla parishad elections in a
year when Assembly elections are due
will weaken the party's prospects has
apparently convinced the Central lea
dership that it is wise not to proceed
with the elections.
In the State, but for Ghorpade the

party stands united on the issue. How
ever, the loss of credibility it will suf
fer on account of the postponement
cannot- but affect its performance in
the Assembly elections.
The postponement is consistent with
the State Government’s two-faced pol
icy on panchayati raj: making public
pronouncements and protestations of
its firm resolve to introduce demo
cratic decentralisation, while in prac
tice emaciating the panchayat system.
The latest move may mean that elec
tions may get postponed for another
year.
The Government’s active hostility to
effective and democratic decentralisa
tion can be traced to 1992, when fresh
elections to the panchayati raj institu
tions were to be held. The Karnataka
Zilla Parishad Act, 1983 (which receiv
ed presidential assent only in 1985) en
acted by the Ramakrishna Hegde Gov
ernment was considered a mode! law
on democratic devolution based on a
two-tier elective system. Elections
were first held to zilla parishads and
mandal panchayats in 1987. Despite
the problems that beset this new ex
periment, it was successful in that ad
ministration and accountability were
brought within the reach of the people.
Trouble began in 1989 when the
Congress® came to power with
Veerendra Patil as Chief Minister. The
new Government made no bones about
its dissatisfaction with the panchayat
system. Anticipating a delay in holding
elections, zilla parishad Adhyakshas
(presidents) and Upadhyakshas (vicepresidents) belonging to the Opposi
tion parties, mainly the Janata Dal, fil
ed a joint petition in 1991 seeking the
Karnataka High Court’s direction to
the-Government to hold zilla parishad
elections before their term expired on
January 12, 1992. A Division Bench
ordered the Government on'April 10,
1992, to hold elections before Decem
ber 12. Meanwhile, the Government
had appointed on January 13 ‘adminis
trators’ of the rank of Deputy Com
missioner to the zilla parishads. The
State Government went in appeal to
the Supreme Court, which said on Sep
tember 1 that it was “not inclined to
interfere with the judgment of the
Karnataka High Court". But the court

SUGGESTION!; FOR THE CONCEPT FAPhR
OK

PZCiCriAYVri RAJ

% <3. /? lA])^.4^)<iO<e~T Uy
TH;~. SITUATION s

Development is ’flowering* or ’unfolding’,

Rural development

is, therefore, the development of rural people, which in turn means

development of the potential inherent in rural people.

Rural infra

structure end institutional framework should be such as to facili
tate this process of development of rural people.

Government’s

responsibility in such a situation is to provide the infrastructural
framework for the rural people and their communities to develop.

The responsibility of people’s institutions is to facilitate local

people to develop the initiative, c-.ability and the wherewithal to

ere ite for themselves a better place* to live and realise their
potential fully,
Panchayati Raj, Co-operatives *nd Voluntary Organisations are

the people’s institutions designed in the development context of

this country,

v.'hilc the Panchayati Raj Institutions are to help the

people to become skilled in the mechanics of managing self governing

institutions of Panchayats, 1'anchayat r.amitis and Cilla Parishads,

the Co-operatives are to help the people to manage their economic
affairs.

Voluntary Organisations are essential to motivate rural

people to progressively adopt new technologies for bettering their
lives and methods of work.

The acid test of these institutions is

the extent to which the people themselves take the initiative in

their own development matters.

It is the government’s responsi

bility to facilitate the working of these institutions by providing

the necessary statutory framework and facilitating the political,
economical and social conditions necessary.

Pandit Kehru dreamt that “the Panchayati Raj, Co-operatives and

Voluntary sector alone would result in
socially and culturally vibrant

n politically, economically,

India".

2

In dsveloping the co-operatives* the Co-oparatlve laws were
enacted and these enabled the people to com© together and organise
economic activities on co—operative lines®

Gradually* these on-

abling laws were changed to those of a controlling nature®

Later*

amendments were introduced to let Co-oporatives be managed by

government. Co—operatives today are looked upon more as agents of
government and not as people’s Institutions. Cne of the main
reasons for such a shift in the structure and functioning of the
Co-operatives, has boon the dichotomy between the perceptions of

the democratic institutions and the expectations of the bureau
cratic set up.

The same fate is also facing the Panchayati Raj

Institutions today.

Conceptualised in the Balwantrai Mehta

Committee Report during 1950s the Panchayati Raj Institutions were

looked upon as decentralised democratic institutions which would be

the training ground for people practising democracy at grass-roots
level.

Over the years the same conflict which threatened the co

operative movement also confronted the Panchayati Raj Institutions
and today the same history of co-operetive institutions is being

repeated once again in the Panchayati Raj set-up also.

It is

evident that democratic institutions cannot survive and prosper in

the present political and bureaucratic culture.
Political culture in India today io dominated by the politics

of survival, and we have not yet begun to practise the politics of
development.

Politicians, elective representatives of people, still

consider brick and mortar as the essence of development.

People

and their institutions are still far below In their list of priori

ties.

Physical development dominates their perceptions of develop

ment and human development has yet to be realised as th® core of
progress.

On the other hand the bureaucratic culture is operating in a
style which prioritises power and status.

Functions are measured

from the perspective of the status and power.
permeates in our democratic system.

Top-down culture

A serious consequence of this

,3

&

3

is the perpetuation of the top-down flow of ideas, resources,
checks, balances and counter-checkfl.

for their development.

The people below look up

Local initiative has been dwindling.

Tho

tradition of local initiative, local resources for development

has been very much scuttled.

The bottom-up process has not been

recognised either at the top or at the bottom excepting in treatises

and documents. • IJo wonder in such a set up the institutions which
are the brain child of the top levels of political and bureau

cratic echelons have not become the real people’s institutions.
Local development is no longer the res x>nsibillty of the local
people.

Their eyes and expectations are fixed on to the top.

The present structure of the society is not conducive to the
effective functioning of Panchayatl Raj institutions.

The vertical

orientation of the society finds it difficult to promote the
horizontal values, the essence of democratic functioning.

It is

no wonder the bureaucracy has thought of ’Peoples’ participation*
and’ ‘democratic decentralisation’, both these concepts being self

contradictory.

If people realise that their development is their

responsibility, they take the initiative and get involved in the
process.

It is the technocrats and bureaucrats who have to parti

cipate in the process which is initiated by the local people.

REMEDY i

As long as tho above climate and environment persist, it is
futile to expect the democratic institutions at the grass-roots
level to function and catalyse tho development process.

Hence the

remedy lies not in merely restructuring these institutions but in
changing the climate and environment.

There must be a shift in

political and bureaucratic culture towards democratic styles of

working and living.

The pyramid has to be inverted.

base has to be broadened.

bottom-up.

The power

Ideas should be encouraged to flow from

schemes should be the brain-wave of the local people

and not of those at the top.

..4

4

The following steps

are very necessary to create the con

ditions which facilitate Panchayati Raj Institutions to function

successfully 8
!•

Initiate the process of planning from below, and strengthen

wherever

a)

this process ie visible*

Establish institutes of decentralised development planning

%t District and block levels.
b)

Encourage democratic institutions to frame their own rules

for their functioning, their own priorities and schemes
for their development.

Central and State Governments

should make available only guidelines and ensure that these

guidelines do not become the binding factors for rural

institutions.

c)

Release funds on the basis of local plans and selected
criteria such as population, needs of development, local
resources available, local constraints such as calamities,

rainfall, soil etc.
d)

Experts from above become operational at local levels for

extended periods of time necessary for local people to

develop their plans and strategies.
e)

Reduce the bureaucratic set-up at the peoples’ contact

levels to the barest minimum, as too much and too eemplojt
the bureaucratic set-up at the operational levels kills

the peoples* initiative and ideas, especially in view of
the too long a period of people looking up for guidance
and directions.
2e

Pnnchayatl Raj institutions at the village, block and district
levels should be provided for in the Constitution of India.

Each village, irrespective of its else, should have a panchayat,
each block a samithi and each district a cilia pari shad.

These

instruments function more by familiarity and awareness and local
loyalty.

• •5

5

3.

The elected representatives in State Legislatures and the

Parliament should not be taken on the Boards of Panchayati

Raj institutions as their perceptions differ as well as their
obligations.

4.

Cut they may ba co-opted to the consol ttees.

state Government staff should not be convenors or secretaries
of these institutions®

5®

Checks end counter-checks of Panchayati Raj institutions
should be vested with the respectively higher levels of insti

tutions and not with bureaucrats ase otherwise^ the practise
of democratic values will be jeopardised.

6.

Voluntary organisations should be encouraged and conditions and

climate should bo created for them to successfully function as

their work with the people preparing them for effectively par
ticipating in the affairs of Panchayati Raj institutions.

4

POLITICAL AND ADMINISTRATIVE DECENTRALISATION:
THE KARNATAKA MODEL

by

Dr. B.K. CHANDRASHEKAR
PROFESSOR OF LAW

January, 1989

INDIAN INSTITUTE OF MANAGEMENT

33, Langford Road, Bangalore-560 027

COMMUNITY H-ALTH CELt
47/1,(Hrs0->oor)SuMar.<3noad
BANGALOAE-5^ 001

Political and Administrative Decentralisation: The
Karnataka Model

The Karnataka Zilla Parishads, Taluk Panchayat
Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983
(Act No.20 of 1985) was brought into force from 14.8.1985.
The Act which establishes the Gram Sabha, Mandal Panchayat,
Taluk Panchayat Samithi and Zilla Parishad also creates in
Chapter 11'Nyaya Panchayats'or a form of people's judicial
councils. However that chapter will not be brought into
force until after August 1990. The following is a discussion
of the most important aspect of the Karnataka model namely,
the nature of Panchayatiraj institutions, their powers and
duties and the scope they create for direct and indirect
perception by the people in the decision-making process.
There will be no discussion of Nyaya Panchayats since they
are not now in operation.
Decentralisation which is currently the subject of
extensive discussion at the official level is an old concept.
The British brought about decentralisation of local
government in their colonies during the turn of the century.
Decentralised local bodies were supposed to have 'wills' of their
own policies subject only to such powers of direction and
control as are retained by the Central government"; local
bodies were supposed to be a "detached system"
Yet in real
terms they were more in the nature of development agencies
of the central government manned by officials rather than
politically de-centralised units. In the words of the
Balwantray Mehta Team "Decentralisation is. a process whereby
the government divests itself completely of certain duties
and responsibilities and devolves them on some other
2
authority".
It cannot mean transfer of a rigid and
bureaucratic system from Delhi or Bangalore to lower levels.

...2

- 2 -

The notion of "Democratic Decentralisation" refers
this process being taken qualitatively to a higher level.
■ visualises transfer of power, responsibility and resources
I an elected body or a group of elected representatives and
not to bureaucrats. The primacy is recognised not only of
an elected body but of individuals even in their functional
role, and bureaucracy unambiguously plays a subordinate role.
This, in my view, provides the correct context for a
discussion of the notions political and economic decentralisation.
Zt also implies that our idea of Panchayatiraj - as a peopleoriented and controlled institution- will not stand in
isolation but will be part of a larger vision of society.

olitical decentralisation:
It has atleast three connotations.

(a) reduction of the gap between the government and
the governed (b) comprehensive or substantial vesting of
power and responsibility and (c) institutional reflection
of the aspirations of people by providing for participation
in the planning, implementation and monitoring of economic
and social plans and programmes.

a) Thus the Karnataka legislation, for the first time,
creates access to the vast majority of the rural people to a
chain of institutions - themselves newly created for this
purpose- where economic, social and political decisions are
made. The Zilla Parishad at the District level, and the
Mandal Panchayat below the Taluka level are the twocbmocratic
bodies with effective power. The Taluk Panchayat Samithi,
at the Block level is a Taluka advisory Committee of the Zilla
parishad. Finally, the Grama Sabha at the level of the
revenue village is the basic tier of the Panchayatiraj set up.

The Grama Sabha comprises all adults in the village.
It shall meet at least twice in a year to ’consider’
impl emen tat ion of development programmes within the village,
peoposals for new projects, the building up of a Land Army,
...3

- 3 initiation, of adult education programme in the village and
selection of beneficiaries for all beneficiary-oriented
schemes. While doing so, it should also discuss a report
from the Mandal Panchayat on the progress of works
relating to the village in the previous and coming years.
This exercise provides a vertical link between the basic
tier and Mandal Panchayat. The co-ordination is strengthened
by the requirement that the Pradhan of the relevant
Mandal Panchayat should preside over all Grama Sabha meetings.

The legislation thus considers the 27,000 Grama Sabhas
in the state as the very bedrock of Panchayat! raj. But
all available evidence in the country so far suggest that
gram sabhas have not evoked substantial public participation
and that they have generally failed in fulfilling prescribed
functions.it is too early to assess whether Karnataka's
experience will be any different.
The Taluk Panchayat Samithi is a purely nominated body
consisting of all the mandal pradhans in the taluks, all
MLAs, MLCs and members of the Zilla Parishad representing
any part of the taluka, Presidents of Primary Land Development
Bank and Agricultural Produce Co-operative Marketing Society,
and five ’bo-opted members of Scheduled Caste, Scheduled Tribe,
Backward Classes and Women. It is entrusted with advisory,
supervisory, review and inter-mandal coordination functions.
Significantly, not being an elected body, it is not clothed
with powers as in the case of Mandal Panchayat or Zilla
Parishad. In this sense and as a matter of legislative
policy, the Samithi is not an example of democratic
decentralisation.

Mandal Panchayat :

It.is this panchayat unit, above grama sabha and below
the Zilla Parishad, that reduces the gap between
the government and the governed. A fully elected body,
it reduces the gap spatially, has substantial political
powers and provides a structure for people's participation.

....4

- 4 -

One member for. every 4.00 population/ of the mandal
shall be elected to the mandal panchayat. Its membership
will range between 16 and 24, while in the sparsely
populated malnad districts it may be about 8. There are
2536 mandals with over 55,000 elected members. 25% of the
seats are reserved for women and 18% for SCs/STs. Each
mandal panchayat caters to a group of villages with a
population of between 8,000 and 12,000 and an average total
geographical area of 7,500 hectares.
The mandal panchayat will have all the functions
usually described as obligatory, discretionary and
transferred. The omnibus S.56 contains a long list of
functions and stipulates that "It shall be the duty of
every Mandal Panchayat as far as the funds at its disposal
will allow, to make reasonable provision" for those
functions. The duty is therefore mandatory or statutory.
Accordingly, it should be amenable to enforcement by a writ
of mandamus on the reasoning of Ratlam case (1980 S.C. 1622).
However the ’duty’ contemplated is qualified by the words
"as far as the funds at its disposal will allow".

The 'duty' refers to provision regarding sanitation
and health, construction and maintenance of wells and tanks,
supply of water and other civic obligations including
regulatory functions. On the regulatory side, S.66 which
requires permission of Mandal Panchayat for construction
of factories or workshop using conventional forms of power
and S.67 which prohibits trade declared to be offensive or
dangerous are welcome from the angle of ecology although
they could have been drafted in more concrete terms. Indeed
the provisions on dangerous quarrying (S.107), use of offensive
substance (S.108), regulation of smoke (S.109) and prohibition
of nuisance (S.110) are more detailed and specific. However,
the punitive punishment for some of these offences,

....5

- 5 -

namely a fine of Rs.25 or Rs.50
will not be a de terrant.

is grossly inadequate and

Several schemes including centrally-sponsored schemes
stand transferred to Mandal Panchayat. Some important
ones such as horticulture, fisheries and co-operation had
been retained at the state level but have now been transferred.
The mandal panchayat will have its own sub-plan as well as
the responsibility of planning and supervising certain works
carried out by the Zilla Parishad. Its sub-plan becomes
a part of the Zilla Parishad plan.

Thus the Mandal Panchayat has decision-making power over
a large number of schemes. It will be the only unit of
institutionalised political power below the Zilla Parishad.
Its political autonomy is ensured in that no government
officer can suspend a resolution of a Mandal; there is no
provision to declare the Divisional Commissioner or the
D.C. as the controlling officer; its plans are not amended
even by the Zilla Parishad; and elections to Mandal Panchayat
are conducted under the superintendance of the Chief
Electroral Officer (although conducted according to a set
of tortuous rules framed under the Act).
As regards formal participation, in addition to meeting
of the mandal panchayat elected representatives work and
take decisions in the three standing committees, namely,
Production Committee, Social Justice Committee and Amenities
Committee. Each, committee is. empowered to co-opt members.-of.
farmers' clubs> -mahila mandala
yuvak.<mendals.

Zilla Parishad:

This is by far the most radical and comprehensive
panchayat raj body reflecting democratic decentralisation.
It is empowered to formulate, execute and monitor development
plans for the district. It frames and approves its own
...6

- 6 5get and approves the budget of the mandals. It has
. . own cadre of employees. Its resolutions cannot be
.pended by any officer of the government; its Plans are
not amended by the state government; and there is no apex
body above the Zilla Parishad in the panchayati raj hierarchy
such as the District Planning Board as in some other states.
; for its finances, such part of it as derives from the
government does, so by way of ’appropriation’ from out of the
c■nsolidated funds of the state government. The Adhyaksha
of the Zilla Parishad has the rank of a Minister of state.
The Zilla Parishad is indeed nothing short of a "District Govt."
The 19 district governments with 887 directly elected
members have greatly reduced the distance between the state
government and the people. There is one seat for every
23,000 population (except Kodagu district which has one for
every 12,000). The Chairman of the District Central Co-operative
Bank will be an associate member (tut without a right to vote),
v::d MPs, MLAs, and MLCs of the area will be nominated members.
As in the case of mandals, reservations are provided for
women and SC/ST members thus recognising the principle of
protective discrimination.

As mentioned above, the Zilla Parishad has planning,
executive, advisory as well as monitoring powers. It is
obliged to make reasonable provision for the following
matters: Overall supervision of development programmes;
promotion of various aspects of agriculture; animal husbandry;
welfare of weaker sections; public health; irrigation;
Horticulture; Fisheries; essential commodities and Education.
Important development schemes have been transferred to
Zilla Parishad. Indeed all schemes with an inter-mandal,
:ter-taluk or district orientation have been transferred.^

The erstwhile District Rural Development Societies
have merged with the Zilla Parishad.
...7

- 7 -

All the DRDS programmes, for eg., IRDP, NREP, DPAP,
RLEGP etc., also stand transferred. The Zilla Parishad
itself has been given the power to accord administrative
sanctions for all the schemes within an outlay of Rs.10 lakh.
The Government has imposed detailed conditions that
need to be satisfied in the implementation of schemes.
It is such a thorough-going transfer of subjects and
functions that persuaded a distinguished civil servant
like Sri Nirmal Mukherji former Cabinet Secretary, to
say that it constituted "a quantum leap, not an incremental
advance".

The meeting of the Zilla Parishad, the supreme body
in the district, provides full scope for participation by
elected representatives and they can do so with the
knowledge that the chief executive officer of the Zilla
Parishad, styled the "Chief Secretary" - who will be an
officer of the rank of Deputy Commissioner- is subordinate
to the Zilla Parishad and is subject to overall superinten
dence of the Adhyaksha. S.168 makes it explicit that the
Adhyaksha "shall be the executive head of the Zilla Parishad".
Again, as in the case of Mandal Panchayat, the programmes
and projects of the Zilla Parishad will be implemented
through 9 standing committees. One of them, the Social
Justice Committee has a mandate to promote educational,
economic, social and cultural interests of SCs, STs, and
backward classes, and to protect them "from social injustice
and all forms of exploitation". (S.178(5) ). However, such
vague wording is unlikely to help the weaker groups since
the mandate is much too abstract, representing no more
than a pious intention. The law can certainly be much
more specific to include the severe punishment of some of the
common place and obnoxious practices against the weaker
groups. Nevertheless, I wonder if there is a comparable
example of wholesome political decentralisation such
as the Karnataka model.
x
. . .8

- 8 -

Administrative
The demand for administrative decentralisation
was the result of the bureaucracy’s role and attitude
towards popularly controlled panchayati raj institutions.
Bureaucracy naturally engenders an authoritarian
structure as against a participative structure which is
a necessary component of democratic decentralisation.
The Asoka Mehta Committee believed that:

"Bureaucracy had probably its own role in
dissociating the PRls from the development
process. Several factors seem to have
conditioned their perception. The system
of line-hierarchy would find favour with
them as an organizational principle. The
officers would feel that they are primarily
accountable for results and financial
proprieties to the State Government. The
officials knew no better than to trust their
own fraternity. They would, on the one hand,
therefore, be averse to PRls being entrusted
with additional functions and on the other
would not easily get adjusted to working
under the supervision of elected representati-ves”

Just as the state level political leaders feared loss
of their power t° PRls, so also the bureaucrats and hence
some resistance from them. The late Abdul Nazir Sab (one
of the chief architects of the Karnataka experiment along
with Sri Ramakrishna Hegde) had said that bureaucracy
at state headquarters had not reconciled to the idea of
dilution of its departmental authority implied in the
establishment of a horizontal decision-making body.
... .9

- 9 -

Democratic decentralisation posed a threat to the
entrenched status of the civil service based on
hierarchical norms, the role of enforcing law and order
and tax collection together with powerful revenue functions.

The government however reached a consensus with
the bureaucracy on the need to institutionalise two broad
directional thrusts

"first, there should be administrative
decentralisation for the effective
implementation of the development
programme and that the decentralised
administrative system should be under
the control of elected bodies"&
For the successful execution of the functions of
Zilla Parishad and Mandal Panchayats, three things were
required: competent staff, adequate number of them and
the staff's accountability to elected representatives.

As we have already seen, the official machinery of
the Zilla Parishad is headed by a senior IAS Officer. He
is senior in rank to the D.C. of the district who is
now in-charge of law and order; land revenue administration
and other regulatory functions. The Zilla Parishad has the
services of a strong accounting and internal audit set up
under a Chief Accounts Officer who is drawn from the State
Accounts Department. It also has a planning cell of experts
headed by a Chief Planning Officer. The district level
officers with their supporting staff of all development
departments have been brought under the Zilla Parishad.
Flore than 50% of the 4.5 lakhs State Government employees
are now on deputation in the Zilla Parishads. Group A and
. . . .10

- 10 -

Group B staff will continue to be on deputation from
Government Departments; arrangements to permanently
absorb/directl y recruit Group C and D staff by Zilla Parishads
including senior staff of the mandal panchayats (who will be
from regular ZP cadres) is under way. The necessary cadre
constitution and recruitment rules will come into force
in 1938-89. Each mandal has a Secretary and the Village
Extension Worker'/Agricultural Assistant on deputation from
Government. Mandals are being entrusted with powers to
locally appoint other subordinate category staff with the
prior approval of the Chief Secretary of the Zilla Parishad
to meet strictly local needs.

The experience so far of the inter-face between the
Chief Secretary and the elected leaders has been - with the
exception of one or two districts - encouraging. The
initial unwillingness on the part of the officers to go to
Zilla Parishad as Chief Secretary and the uncertain and
changing perceptions on the part of the Adhyaksha and others
appear to have stabilised 'into a more rational way of
transacting business. The recent experience of the Tumkur
Zilla Parishad is significant. A resolution was passed in
the Parishad castigating its Chief Secretary for some
alleged irregularity and to request the government to place
him under suspension. It did not cause any ripples either
in the bureaucracy or in political circles.
Interface between D.C. and Chief Secretary

A question is being raised, not in Karnataka but outside
its borders: Does the vesting of the entire gamut of development
functions in the Chief Secretary of the Zilla Parishad onthe one hand, and restricting the
D.Cs powers to regulatory
functions on the other create an anomalous situation in the
...11

- 11

district? Hitherto the D.C. was the unquestioned
Chief of the District; now he is divested of his powers and
is also junior in rank to the Chief Secretary. Will this
not, it is asked, create a tension and conflict of
focus? Most certainly, this is not an issue in Karnataka.
Nevertheless, since this question is hotly discussed at
the national level, it will be worth our while to take a
brief look at.
Prime Minister Sri Rajiv Gandhi has attended a
series of workshops attended by District Magistrates/
Collectors to discuss the dimensions of what has been called
"Responsive Administration" in the context of the proposed
Panchayatiraj and District Planning. One of the themes
which has aroused considerable interest as well as controversy
concerns the interface between elected bodies and official
agencies. Where the planning and development function is
with an elected body at the district level, should the
Collector be inside or outside that body? Related to this,
is it advisable to separate development and regulatory
functions? Is it not desirable to have the Deputy Commissioner
as a single focal point in district administration? The
suggestions made at the workshops have been distilled in
7
the form of a final Report.
The Report which appears to
represent the view from Delhi argues in favour of the
regulatory and development functions residing in the same
person who will be the focal point of administration (p.13).
No clear and persuasive reasons have been advanced in
support especially from the standpoint of the people.
On the contrary, it is seen from the entrenched angle of the
Bureaucrat, and the status quo:
"Association with development work increases
the stature and influence of the Collector
in dealing.with law and order situations".

. ..12

12

The uncritical assumption that "law and order"
must precede "development" is reminiscent of pronouncements
by British Viceroys and Colonial administrators. Clearly,
greater faith is placed on the civil servants than on the
ordinary people. Similarly it is recommended that the
Collector should be the Chief executive officer of the
Zilla Parishad since that would bring to the Zilla Parishad
the knowledge, the experience and the influence of the
Collector and thereby enhance its effectiveness. This
can surely be achieved by posting an experienced officer
as CEO as in Karnataka?

The real question is: "Do we trust our people?"
or "Do we want to re-establish the colonial Collector
in all his regal glory?" If it is the latter, then
Panchayati Raj and Democratic De-centralisation will
mean precious little. If we do not go all the way with
the necessary reforms, panchayatiraj will continue to be
a diluted experiment.

***

References

1.

M. Venkatarangaiya and M. Pattabhiraman (B3)
Local Government in India; Select Readings,
1969, p.197

2.

Report of the Team for the Study of Community
Projects and National Extension Services,
New Delhi-57, p.3

3.

M. Shiviah, et.al. Panchayat Raj; An analytical
survey, N.I.R.D., Hyderabad, 1976, pp 123-125;
G. Ram Reddy, ed. Patterns of Panchayat! Raj in India,
1977, p.8

4.

Government of Karnataka, Order No.RDP 183 VAC 86,
Bangalore, 1st April 1987.

5.

Indian Express, 14th and 15th April, 1986

6.

As suggested by the Balwantray Mehta Study Team, in
1957, cited in the Report of the Asoka Mehta Committee
1978, p.2

7.

Conference of Chief Secretaries, discussion paper
on Panchayat! Raj and District Planning,
Government of India, 1988.

Ca^V

//.. 'I

t^-

CHAPTER_ VI

SUMMARY OF_CONCLUSI_ONS_& RECOMMENDATIONS
R. 1

of

ZU 'a

‘a r i shads

and Mandal Panchayats is impressive.

Virtually

The

nerf ormnnce

actual

districts

in

ail

and

health

facilities

Considerable

progress

of

schools

improved

vastly.

operation

has
has

housing

of

allocation

the

been made

in

under

sites

the

various

Performance in the fields of inland

schemes.

fisheries,

and

horticultural

has

forests

Generally development works

also been good.
are

being executed more

is

better

sppedily

and

there

control

of

field

staff.

(2.5

MPs

have

given

ample

evidence

to

2.8)

6.2 The
of

ZPs

and

their willingness and ability to mobilise

resources. (2.9)

6_: 3 Notwithstanding

the

novelty

legislative

and

procedural

of

complexity

and

arrangements

for transfer of power, men and women at

local

levels

have

their

a I tered

political

become

keenly

status.

u»u.'«

of

The

calibre

of

men and women elected to the offices of Zi Ila
Parishad Adhyakshas, Upadhyakshas

s remarkably

-87- '

The

high.

Mandal

Pradhans

conrnand

respect

and seem to have a good appreciation of their

role.
of

scheduled

and

Women

the Mandal

Panchayat

caste

members

appear

to

still

be

hesitant in asserting theinse Ives. (2.10 &. 2.11)
A harmonious relationship exists between officials

and

the district

non-officials

level

and

public servants are .more conscious of
their accountability to the people, lunfortu-^

noyv

\natelyl some

officers

the

climate

not

and

inroads

make

made

governments.

local

be

new

attuned

yet

attempts

authori ty of

into

the

Such

attempts should

absolutely at

resisted

often

the

political

and

official levels. (2.12)^

6.5

As

the

can

states

governments

only

the

share

with

powers

district

the

they

have,

attempts by the Central Government to abridge
the States should be resisted.

the powers of

We

should

like

but

vital

issue' of

to

emphasiz.se

the

obvious

the need on the part of

the Central Government to change its practices

and policies

in support' of genuine de'centra-

l isat ion. (2.13)

6.6

There

is plenty of evidence that legislators,

ministers and officials of the State Government

3^'^ ■
I

-88-

still

have

scheme

of

mental

has to change.

about

reservations

decentralisation.

This

the

attitude

(2.14)

We did not come across any evidence to show

6.7

I I that

I
[/

the

of

conditions

the

scheduled castes

and other under privileged people have worsened
consequent upon the introduction of Panchayat

If

Raj.
____
waxed

the

rural
it

strong,

is

'vested
for

interests

have'

reasons which have

been long at work, and which partisan politics

at Central and State governments have regrettably

encouraged. (2.15)

6.8

There is a gross mis-match between the functional

responsibility of Mandal Panchayats and their
direct

comnand

over

resources.

The Mandal

Panchayats comnand over resources and freedom
of action should be progressively

6.9

There

is no

Act.

For

on

developing

itnnediate ned

to .amend the' 1983

the present

the accent

proper

conventions

relations and a

J

inter-governmental

]

politically to press ahead

/

enlarged.(3.4)

should be
to

guide

conini tine nt

with the actualities

of decentralisation. (3.5)-

6.10 If
• to

quick and
enable

steps

are

Pa =nchayats

to

effective

Mandal

not

taken

discharge

-89-

the ir [unctions well, and the Cram Sabhas [ail toappre
ciate the constraints on them, people could lose interest

in attending Gram Sabha meetings or accepting Mandal

Pgnchayat as the effective local authority.(3.7)

6.11 Qi the whole there has been improvement in the selection
of benef iciari es and implementation o[ poverty
al I evia tion

prog ranine s .

A

remedy

lasting

to partisan decision making by Mandal Panchayats
is the eternal vigilance o[ local comnunities.

therefore,

It

is,

o[

canvassing

vital

Gram

that

Sabha

the

requirement

atleast

meetings

twice a year should be enforced. (3.8)
6.12 Overall

it would appear that there

amount

cooperation

of

along members of Mandal

they

belong

and

respect
even when

Parvchayats

political

different

to

is a good

mutual

parties

or caste groups. (3.10)
6.13 We do not reconmend any change in the' eleclral

system

for

local

elections

or

enhancement

of reservations. (3.11)
6.14 There

is

a

strong

case

for

improving

the

salary and allowances of Mandal Panchaydts.(3.12)
6.15 A

serious, flaw

in

the

system has

absence of proper operational
Mandal

been

the

linkages between

Panchayats and Zilla Parishads.

(3.13)

-90-

6.16 Considering the circumstances in which Panchayat

introduced

Raj was

We

Samithis.

it

course

limit

it was probably necessary

as Chairmen of Taluk Panchayat

to have MLAs

are

would

in due

the

a

healthy convention

view

membership

person's

a

that

of

be

or

one

to

to
the

other of three tiers of government that would
exist in the State. (3.14)

6.17 With

to

view

a

means

Panchayats

Zilla

and

the

linkages

between

the

improving

cornnun i ca t i on

of

Parishads

and

Mandal

practical

a

course would be for one Zilla Parishad Member

holding
or

office

the

of

Chairman

Upadhyaksha

of Adhyaksha,

Committees

Standing

to

be

designated as the contact person for a number

of Mandal Panchayats. (3.15)
6.18 Many

of

schemas

the

presently

allocated

to

Zilla Parishads can conveniently be transferred

Mandals,

with

staff and

transfer of

a

redeployment

t/ie

of

existing

required resources

to the Mandal Account. (3.16)

6.19 Instead

of

leaving

Taluk' Panchayat

the

MLAs,

establish

a

the

the

better

of

the

sinecure

fnr

Chairmanship

Samithi

''

arrangement

convention

of

will

be

rotating

Chairmanship annually among MLAs,

to

the

ZP members

and Mandal Pradhans; or, on a rotating basis,

election of a Chairman for each meeting from
amongst those present. (3.17).

-91-

their

larger

compared

to

6.20 Zilla . Parishads, .with

support

and

budgetary

have

functioned

greater

with

facility.

Development

are

responsible,

they

authority

and

for

which

nrna-^n-mojs

been

have

staff

Mandals,

competently

implemented. (3.18)

6.21 A good part of the inter-party and intra-party
differences

has

level

at

the

over

the

Zilla

Parishads.

Parishad

Adhyakshas

however,

Overall,

State

operating

spilled

to

Zilla

and leaders of opposition parties have conducted

themselves
and

a

with

substantial

executive

work

has

responsibility

commandable

of

amount

been

legislative

and

on

an

carried

out

agreed basis. (3.19)
6.22 At present there are nine Standing Committees.

IVe

that

reconmend

the

number

of

four

or

Committees

be

reduced

to

regrouping

the

existing

ones

and

regular meetings could be once

rather

than

every

month,

with

Standing

five

that

by

their

in two months
a

provision

for special meeting when the need arises.(3.21)

6.23 While we are opposed to a statutory allocation
of authority between the Adhyaksha and Upadhyaksha,

we suggest

that

the Adhyakshas

could '

assign some specific administrative responsibility

-92-

besides

deputies

to

their

the

General

over

presiding

Corrmittee

Standing

and

acting

in their stead in their absence.(3.22)

6.24 The

State

Government

and

unequivocal

total

should

reiterate

its

to

the

committment

progressive devolution of authority to Pdncha-

yat Raj institution. (3.25)
6.25 The

State

should

make

absolutely

the government

that

any direct

Cabinet

clear within
or

indirect measure

of

Zilla

Parishads

to

reduce

and

the

authority

Mandal

Panchayats

State

Ministers

will not be tolerated. (3.26)

6.26 The

practice

assigning

of

responsibility for individual districts should
be discontinued forthwith. (3.27)

6.27 Steps should be

initiated to work' out a time

bound programme for

transfer of all- or most

authority for district

administration

Parishads &■ Nyaya

at

of

the

to

Zilla

Panchayats

the

ground level. (3.29)
6.28 The State Development Council should be reacti
vated and we strongly urge the State Government

to organise regular meetings of the Council.
We also reconmend that secretarial responsibiIity

-93-

for the council be transferred to the Secretary,
Panchayat Raj Department. (3.30)

.29 Procedures and conventions should be modified
to

State

prevent

Legislature

and

Ministers

concerned

becoming

State

the

with

to

day

day administration of the Zilla Parishads.(3.31)
change of the' kind brought about

3.30 A political
by

1983

the

step of

we

implies

major

Having taken the

formal

necessarily

Act

adjustments.

mental

creating Panchayat Raj
hope

earnestly

that

State

institutions,
Ministers

and

Legislatures will create a favourable environ
ment for the Zilla Parishads and Mandal Pancha-

yats to function efficiently. (3.32)

6.31 State department heads have retained substantial
over

control

administrative

their

the

districts.

It

is

necessary

this

arrangement

so

as

to

in

staff

to

enable

review

the

ZP's

Chief Secretary to have effective administra

tive. control

over all district

level

offices

and their staff. (4.2)
6.32 Notwithstanding

transfer

substantial

the

of power to Zilla Parishads, the actual opera

tions

of

these

bodies

are

seriously

circum

scribed by administrative and financial restri
ctions.

There

are

also a

large

nuniber

of

-94-

ci rciilars or orders issued by Finance, Planning

departments

other

and

limiting

the

freedom

of action of Zilla Parishads and MPs.(4.6-4. 7)
6.33 The

attitude

at

the

administrative

has

palpably

been

one

of

cont inuing

and

in

practices

recorrmend

headed

the

an

by

and

including

both

the

as

some,

various

grounds.

(4.9)

expert

Cornnit tee

a

in

government

official

representatives

Parishads

Zilla

orders

members

of
well

as

review all

to

and

instructions,

them

in

view to modifying

to

cases,

and

non-official

with

such a way as
the

rights

by statute on Panchayat Raj

insti

prevent

conferred

past

some

of

appointment

outside

State

Government
a

on

them

t ig-htening

6.34 We

procedures

and

I eve I

any

abridgement

of

tutions. (4.10)

the need to restructure Lhe Government

6.35 There

and

budget

reorganise

Government

Departments

with a view to enhance the technical support
they can give

to . Panchayat Raj

institutions.

After the transfer of developmental and super
visory

the

responsibilities

State

with more

Departments

staff

than

to

Zilla

Parishads,

generally

are

left

they need.

The

High

Power Comnittee could look into these matters
and

make

appropriate

reconmendations.

(4.11)

-95-

In

the

redefining

process

of

of

different

functions

scope

the

departments,

and

special

attention should be paid to the nodal depart

ments:

viz

and

Raj

Panchayat

Planning.

We

reconmend that Panchayat Raj work be entrusted
to a full-fledged department under an officer
of the rank of Addl.Chief Secretary and expli
citly empowered

for

to function as a nodal

Parishad

Zilla

MandaI

and

point

Panchayat

affairs.' (4.12)

.37 It

is

and

urgently

streamline

the Mandal,

necessary

to

strengthen

administrative

the

Taluk and District

should be possible

to pull

out

and

setup

levels.

at
It

sufficient

a

number of village accountants from the Revenue
Department

to

provide

functionary

more

one

for each Mandal Panchayat.

Junior Engineer's

responsibility to work for each Mandal should
be specifically identified and Mandal Pradhans

should

be

empowered

remarks

on

junior

to

write

engineers.

confidential

(4.14

to

4.16)

6.38 The post of BDO should be upgraded to Class-l.

I.A.S.

officers

Civil

Service Officers,

of

other

of I.l.M.

in

the

departments

Junior

Scale,

State

hand

picked officers

and

fresh

graduates

IRMA and 1.1.S. should be appointed

on contraact, to posts of B.D.O. (4.19)

-96-

Part-time' services

of

Asst .Conini ss loners

the

should be utilised for certain specific deve

duties

under

Both

the

Chief

Secretary

and

the

Deputy. Coninissioner

lopment

remarks

of

Parishad.

Zilla

Parishad

should

record

Asst.Commissioners.(4.20)

the

on

Zilla

the

The Chief Secretary of Zilla Parishad should
be

by

assisted

Assistant

Special

a

drawn

from the I.A.S. or the State level service.(4.21)

The progress made by the State in reorienting
strengthening

and

the

planning/ capability

the compulsion of decentralised area

to suit

Technical

planning leaves much to be desired.

is

assistance

particularly

also proving

the apex

which

al

the

The budge Lary procedures adopted

Mandat level.

are

lac king

to

well

started

be

a

bottle

neck.

Al

the State Development Council

level

has

slackened.

(5.1

'

'

5.4 and 5.9)

to

Tht

report

has

made

to

overcome

the

shortcomings with

at

low continuing costs, which if acted upon

area

foster

essense

of

specific

based

plan

decentralisation.

BANGALORE
March 30, 1989'

suggestions

speed

approach,

(5.5

to

and

lhe

5.12)

K.S.Krishnaswumy - Chairman
P.S.Appu
- Alember
L.C.Jain
- Member
T.Y.Navaz A'lmed - AiemberSecrelary

HEALTH STATUS OF THE PEOPLE OF KARNATAKA IN THE CONTEXT
OF THE' HE’LTH SITUATION IN INDIA.

Background paper prepared for the
Annual General Body Meeting oF

FEVORO-K

17-18 May 1990
at Belgaum

by
Thelma Narayan
Community Health Cell
47/1 St Mark's Road ’
Bangalore 560001

COMMUNITY HEALTH CELL
47/1. (First Floor)St. Marks Road
BANGALORE - 560 001

CONTENTS

A.

B.

INTRODUCTION
1.

What is Health

2.

How do we measure health

3.

Some background factors

4.

Major Health Problems in India

FOCUSSING ON KARNATAKA
1.

The Population and its Distribution
Sex ratio; situation of women; age
distribution; child health; urban/rural
differences

2.

Birth and Death Rates

3.

Changes in Health Indicators over time

4 . ' Growth Rate
C.

NUTRITION LEVELS

D.

DISEASE PROFILES IN KARNATAKA

E.

CONCLUSION

REFERENCES

•

ft. INTRODUCTION

1.

What' i s health?

Health is defined by the World Health. Organization (1948)
as a state-of complete physical, mental and social well being
and not merely the absence of disease or infirmity. This implies
a goal of positive health.-for each individual in society.
India had suggested that spiritual health be also included
in this definition;
;.
We need to try to understand the general status of- health
of the people of India- and of Karnataka in the context of
this definition. Here we would be locking at the levels
of health of the pooulati-on as a whole and not merely that
of individuals. However,
keeping in mind the many stratifi
cations' of class, caste and--gender that are present in Indian
society today, it would be' equally important to try and
understand the health status of these different sub-groups
of the populations. There would also be differences according
to age and occupation. Tribal and urban slum populations
also have levels of health resulting from their own particular
socio-economic-political-cultural situation.
2.

How .do we measure health7

.

Given the above definition it is rather difficult to
measure the exact status of health of people. However, over
the years certain indicators have been developed which give
some estimate of the levels of health and disease which can
be used to compare different populations and to monitor
changes in the same population over time. Some of these
are life expectancy, infant mortality rate, maternal mortality
rate etc. These terms will be explained as we go along. For
specific diseases we can get a picture of the disease load
in a population by' their incidence and prevalence.

There needs to be a good health information collection
system to work out these indicators, ftnd to do this there
needs to be a well spread out health service system which
most people use, which works relatively efficiently and
where records regarding various health and disease events
are well maintained.

In India, though the development of the health infrastructure
throughout the country, by the government, in terms of
number of sub-centres and primary health centres established
and number of health personnel trained has shown a large
quantum increase, the level of functional efficacy5of these
facilities leaves much to be desired. It is also an'accepted
fact that the data collated at these centres is of
questionable quality. However, the census, the National Sample
Surveys, studies by research institutions and data from
some voluntary health projects do provide us with useful
information regarding the health indicators mentioned above.
2

?
3» Some back gro ij n d factors_tg_ consider

When we try and understand the health status of the people
of India it is important to keep in mi mi-t-he--magnitude of
our country—the geographic size and even more its population.
Me are second only to China in population size, there being
850 million of us. This is equal to the pooulation of USSR,
USA and Japan put together. It is said ue add an Australia
to our population every-year.

Our vast copulation is also very diversetfor instance
people.in yery different geographic ar 'as from the snowy
Himalayas, the deserts of Rajasthan, the great river valleys,
the hilly regions and coastal belts; there are different
ethnic background, a variety of languaqe groups, religions
and cultures; levels of socio-economic development, education
and political consciousness also vary a great deal. All these
factors affect health in numerous ways; hence, talking about
the health status of. .the people of India as a whole is a
A
very broad generalization.
The average figures- given in the
tables hide -diff recces that occur from place to place and
group- to group. Uithin Karnataka’ itself, there are differences
in- t.he health, -indicators between’ urban and rural areas and
from district to- district. It would be revealing to know
the breakup by income level, caste/tribe, age and sex.
Another factor to consider is that the health of individuals,
communities- and -populattons is a dynamic state, changing
over time, responding to a number of factors which have
a relationship with it. It has been observed in" populations
that as certain diseases decline, others may become apparent
or develop anew. This has been Jtermed the onion-peel effect.
4• Major health problems in India

Keeping in mind all the above factors it can be said
broadly that in India people suffer from the diseases of pover
alongside the diseases of modernization. The 30-40% of the
W
population under the poverty line (about 230-300 million)
and also.the lower middle class continue to bear the burden
of malnutrition which bakes its greatest toll from children
and mothers. They also suffer from the lack of clean water.
and sanitation, adequate housing and clothing all of which
result in various communicable or infectious diseases:eg .,
tuberculosis, leprosy, gastroenteritis, typhoid, cholera,
jaundice, diarrhoeas, malaria filaria etc.,
This ill health
affects the working and earning capacity of people.’and often
results in disability and even unnecessary and early death.
The tragedy is that most of these diseases are’ preventable.
by an overall equitable development process and also by public
health measures.

..3

3

TABLE 1
Percentaqe of population below the poverty line
1983-84 (Provisional)

Rural

Urban

Combined

Karnataka

37.5

29.2

35.0

Kerala

26.1

30.1

26.8

All India

40.4

28.1

37.4

Source: Status Repor■t 1988-89, Govt of IKarna.taka, Dept.
of Health & Family Welfare.
Modernization, industrialization and urbanization have
brought^ along their own ills. Thor? ar.o many soecific
oceup'Bti.qpal' health problems arwi -snvirnumrntal pollution
problems' associated with th? various industries. In
agriculture also there is extensive use of chemicals as
fertilizers and pesticides which enter the food chain
affecting the total population, though more specially the
sprayers and agricultural workers. Rural urban migration has
resulted in the growth of the 'septic fringes of cities'
where people have to live in dehumanized conditions resulting
in many social health problems in addition to those of
poverty: eg., broken families, alcoholism, prostitution"
gambling etc. Rapidly growing cities face a major strain
on their basic services, air pollution, traffic accidents,
housing problems and alienation of the individual with its
accompanying host of psychological and ' psychiatric problems.
Ca»>ear0,
cardiovascular diseases and stress related disorders
are on the increase.

B.

FOCUSSING ON KARNATAKA

Karnataka is better than the national average ;in all
the health indicators, coming second only to Kerala in some.
However much more remains to be done. A brief overview
of the health situation will now be given highlighting
only the more important aspects.

. 1.

The population and its distribution

With a population of 37.1 million (1981 census),
Karnataka accounts for 5.42% of India's population, ranking
8th among the States'in'terms of population size. With
an area of 191,791 sq kms the population density is
194/sq km (all India 216/sq km). Estimates of the population
in 1990 are 44.48 million.

4

4

The following table gives some of the features of the
distribution of the peculation in Karnataka.

Table 2
Population distribution in Karnataka (1981)
(T = Total; R = Rural; U = Urban)
Females

Males

Sex
Ratio

Area in Km

Popula-.
tion

T

191,791

37135714 18922627 18213087

963

R

188108.2

26406108 13352400 13053708

978

U

3682.8

'5159379

926

10729606

5570227

Source: Health Information of India,

%Urban
Population

28.89

1987, CBHI, DGHS,

NewDelhi

(a) The sex'-rat id' is the number of females per 1000 males.
In most countries of the world this is in favour of females.
However in India (and Pakistan, Bangladesh, Afganistan etc) W
it is the reverse and more importantly has been steadily
decreasing since the turn of the century,even post-independence.
The decline has come to a halt only in the last census (1981).
The only two States in India to have a positive sex ratio
ara Kerala and Goa. Within Karnataka, Oakshin Kannada Dist
also has a positive ratio. Otherwise it varies in the
different States and Districts. The adverse sex ratio has
been ascribed as being due to various casues—high maternal
mortality following early marriage and repeated pregnancies,
poor educational status of women, low utilisation of health
services by women—the underlying reason being the inferior
status of women in society. *
Table 3

Conditions of children and women in India
Indicator
1 . Infant Mortality
(deaths)
(per 1000 live
births per year)

I: ndia

Developing
___ countries

Developed
countries'

125

96

20

2. % of new b-orns
weing less than
2.5 kg

27.5

18

9

3. % of anaemia among
pregnant women

70

60.

20

4. Maternal mortality
per 100,000' live
births/per year
418

400

20

_ •

Source: 'Health Care in India,"'19'B3'7"5osepFi G eF“ar7
CSA, Bangalore
5

5
(b) The'age-distribution of the population in
Karnataka is as follows (1981 census)

- 0-1*4 years

:

39.6%

15—59 years

: 53.8%

60 + years

:

6.6%

This is very similar to the all India pattern. With almost
40%' of the population being children, ours is predominantly a
young population.
(c) Though the indicators of child health have shown
some improvement • over “the 'years, i£ still remains a matter
of serious concern, As shown in Table 3, the infant mortality
which is'the number of children who die before they reach
the age of one year still remains unacceptably high. About
30% of newborn babies have a low birthweight (less than
2.5 kg)-., These babies are three times more likely to die in
infancy than babies of normal weight at birth. The under 5
or toddler death rate is also very high.

Table 4
Estimated Infant Mortality Rates, 1985

Rural

Urban__

105

57

95

Uttar Pradesh 152

77

140

Karnataka

80

41

71

Kerala

32

30

India

__ Combined____

’

31

Source: Registrar General, India

As can be seen, Karnat ka is on the lower side of the range
of IMR' s among the States.Having reached thus far it would bo
useful to have a more detailed district wise and population
grouo wise break up of IMR. Perhaps Volags'in Karnataka
could study this measure in thair respective areas as it is
an acceptable and good indicator of the standard of life
of a given population.
"
'
Table' 5
Other childhood death rates - All India, 1983
Age Specific
death rate

Rural Male

Rural Female

Urban Male

Urban Female

0-4 year

40.5

43.1

21.1

21.7

5-8 years

3.4

4.0

2.0

1.8

10-14 years

1.7

2.0

0.9

1.2

Source: Health information of India, 1987, CBHI, DGHS, New Delhi
„.............. 6

6
In India, deaths of children still account for ^bout 40% of
the total deaths that occur—28.8% in'Karnataka. A very
large number of these are preventable- and ue need to make
specific efforts to allow these numerous children, the full
bloom of their lives.
(d) The urb^n oooulation of Karnataka has been growing
and is high*"C28.9%) compared to the all India figure of
23.31%. It is necessary to find out what percentage of
the urban population are slum duellers. A large chunk —
30% of the urban population—are in Bangalore, the remaining
being .spread over 281 towns.

Urban -areas monopolise much of the health care and other
social service facilities. These include finances available
from both the government and private sector, hiqhly trained
health personnel, sophisticated capital intensive equipment
and medical facilities.
In the village and hamlets, medical facilit'ie-s are scarce
and nof poor quality. There is a shortaqe of bas‘ic essential
drugs and vaccines. Ther' are poorly trained staff in charge
of large areas. and basic public health measures of safe
water supply and faciliti-s for sanitation very inadequate.
The disparities of income and living conditions along with
the aboe factors is revealed in the striking difference in
health indicators between urban and rural areas.

Table 6
Urban/Rural inequalities (%) in India

Urban

Rural

1. Population (1981)

23.7

76.3

2. Doctors (1961-71)

70-80

20-30

3. Nurses/ANMs (1971)

60

40

4. Hospitals (1981)

73.9

26.1

5. Dispensaries (1981)

20.2

69.8

6. Hospitals/dispensary
beds (1981)

83

17

Source: Health-Care in India, Joseph G et al,
CSA, Bangalore

1983,

7

7

Table 7

Urban/Rural Health indicator 3
Karnataka

I ndia

Rural__

Urban

Rural____
Urban________

1. Birth rate
(1986)

26.8

29.9

27.1

34.2

2. Death Rate
(1986)

6.8

9.4

7.6

12.2

3. I nf ant
mortality
rate (1986)

47

82

62

105

4. Expectation
of life at
birth (1976—
1980)

64

53.9

60.1

50.6

Source: Status Report 1988-39, Govt of Karnataka, Dept of
Health & Family Uelfare, Bangalore

2.

Birth and Death Rates

The crude birth rate is the number of births per 1000
population per year. Amonost the States, Goa and Kerala
have the lowest birth rates. The goal c? the family welfare
programme is to reduce the crude birth rate to 27/1000
population by 2000 AD (it is already 19.1/1000 population
in Goa). These targets and the programme are not applicable
to tribal populations.
In Karnataka it is 29/1000 (1985)

The crude death rate is the number of deaths per 1000
population per year.,Karnataka ha-. already reached the national
goal of a crude death rate of 9/1000 population to be achieved
by 2000AD.

3.

Changes in health indicators over time

A brief picture of the change in health indicators that
have occurred in India since Independence is as follows:

Table 8
Yea}:

Life- expectancy
at birth

Birth rate

Death rate

Infant
‘Mortality
Rate

1941-51

39.9

27.4

134

32.1

195.1-61

41.7

22.8

146

41.3

1961-71

41.2

19.0

138

45.6

1980

33.3

' • 12.4

127

.

52.1

Source: Health Care in.India, Joseph G at al, CSA, Bangalore
...................... 8

8
4.

Growth Rats

Since Independence the death rate in India has declined
more steeply compared to the birth rate which decr,'’ased only
gradually. Hence we have a high growth rate with an enormous
increase in total population from 361 million in 1951 to
685 million in 1981. We are estimated to be 840 million now.
In Karnataka, the increase in population has been from
million in 1951 to 37 million in 1981.
Here 'one must, mention the experience of some Volags
working with defined population groups who state that there
is an under-enumeration of the total population in their
area: eg., in tribal regions. It would be important to have
an estimate of the extent to which this occurs as it would
have serious implications.

Only some health indicators have been highlighted in
the Section above to present a general idea of the health
situation prevailing in India and particularly in Karnataka.

C.

NUTRITION .LEVELS

The nutritional status of individuals is closely linked
to their health status, determining to a large extent their
resistance to disease. The optimal growth and development
of children is also dependent on good nutrition. There are
also specific nutrition deficiency diseases like protein
calorie malnutrition,' iron deficiency, anaemia, Vit. A
deficiency; Vit 3 a D deficiency etc.

Some statistics regarding child malnutrition at an all
India level are:

1. % of infants with low birth weight

: 30%

2. % of malnourished children
(mode rate/severe)

: around 40%

3. Children affected tby iron
deficiency anaemia

:around 50%

4.

Number of children turning
blind each year mainly due to
' Vit. A deficiency (estimate)

:40,000

(Source: Future—Development Perspectives on Children,
UNICEF (Based mainly on government statistics
relating mostly to 1986).

Tha National Nutrition Monitoring -Bureau.. s.yjs.t.ematically
collects information on a representative stratified . sample
of households in rural and urban areas in 10 States of the
country, of which'Karnataka is. one. Every fifth rural household
does not eat adeguately and among children below 4 years of
age, one in 3 consumes less food than recommended.

9

9
Family income ?nd land ownership are critical
determinants of food intake. Those who own more than 10
acres of land have a mean intake of 3100 calories per day,
those who own Isss than 5 acres ate 2600 calories per day
while landless labourers consumed 2300 calories on an average.
Protein intake showed a similar trend. Overall the calorie
intake in Karnataka is higher than in neighbourin'1 States
like Andhra and Maharashtra.

Fluorosis caused by excess fluorine in the water, has
been reported to be a public he 1th problem in some areas,
affecting the bony skeleton, teeth, sometimes causing
knock knees. High levels of fluoride (5-11 ppm) in open well
water has been reported in villages of Chitradurga, Tumkur
and Bellary districts. Dental fluorisis affected 75.76% of
individuals surveyed in Mundarqi Taluk of Dharward Oist
where the fluoride content of water was 3-7.6ppm. Fluorosis
has also been reported in some areas close to dams with the
possible causal factor being ecological changes caused by
construction of dams.

D.

DISEASE PROFILEBIN KARNATAKA

An understanding of the quantum load of different
diseases in a copulation also gives an idea of the level of
health of the pooulation. However, this is mor3 easily said
than done particularly in India. Some of the difficulties
in measuring disease hava bean mentioned in the earlier part
of the note. The situation is even more complex because
several systems of medicine/hcaling practices are actively
present here, each with their own approaches to disease/
symptom complexes. Hence government health services cannot
be the base used to measure disease in the community as only
part of a population may use that service. The only alternative
is to conduct community based surveys which are very expensive
and cumbersome undertakings. Given the scant resources in
the health sector it has not bean possible to conduct nation
wide sample surveys to measure different diseases. More
complete information is available about soma diseases: eg.-,
leprosy and tuberculosis for which there are National Health
programmes with active case detection.

Available information on some of the diseases in Karnataka
as given in the Status Report 1988-89, Government of Karnataka,
Dept of Health and Family Welfare, will now be given.
Table 9

Deaths

1988 (Provisional)
Cases'"
Deaths

1140

125303

198_7

Cases

A. Respiratory
diseases
1. Tuberculosis 103006

2.i.Acute
Respiratory
infection
.Pneumonia-

1172

192127
75
84
6599.
contd...... . .................... 10

10
Table 9 (contd. .)

1988 _£Provi.s ional)

198.7
——___ ......._____ . Cases

_ Deaths

Cases

__

Deaths

E. Gastro
intestinal
d iseasas

3. Dysantry
(all Forms)

543944

91

205161

237

85393

524

14091

639

5. Cholera

1918

87

2167

70

7. Infectious
hepatitis

7774

122

5413

60 ’

15406

36

4. Acute
diarrhoeal
diseases
5. Gastroenteritis

8. Typhoid

17941

28

C.

9. Malaria: total
positive cases

88505

127008

Plasmodium
falciparum
cases

29582

37667

2457

11870

10 .Filaria
11 .Leprosy

D. Vaccine
preventable
childhood
diseases
12.Diphtheria

2223

16

550

12

13.Measles

8522

25

4481

25

14.Uhooping cough

4928

14

7113

12

15.Poliomyelitis

2456

30

759

22

16.Tetanus

1517

314

4841

299

27

E. Others

17.1nfluenza

339827

8

18 .Chickenpox

2387

4

19.Japanese
encephalitis

132

43

81

20.Kyasanur
Forest Disease

51 '

10

56

6

.......... 11

n
Table 9 (contd ...) ..

1987
Cases'-*

_
Deaths

3297

36

73

118

12

2

5749

1

3486

46

22.fleningicoccal
inf ect ion

523

23 .Syphilis '

5375

24. Gonococcal
inf ect ion

5036'

25 .Encephalitis

1347

21 .Rabies

26.Haemorrhagic
fever

53

27.Guinea worm

990

28.All other
diseases

7927329

1988 (Provisioial)
Cases
Deaths

7620

190

1.3991

7683977

10045

These figures are of those patients/cases who reported
to the government he’lth services.- They do not represent the
actual incidence of the disease in the community. A survey
in Chiraig.aon Block, Varanasi showed that 77% of the
population never used the primar.y heal'h centre servicesad
only 10.4% of illnesses in- that community were attended to
at. the pr imar y: heal th centre. The number of deaths due to the
differeht diseases given in the Table also do not represent
the-disease mortality rate but probably are the number..who
died out of those who reported. Hence, it would be unutis'e:
to draw too many inferences from this data.

Based on Kother reports and interactions with saveral
peoole all that one can say is that tuberculosis is still a
major public health 'problem more than 40 years after Independence
causing much suffering, disability and death in the' prime of
life. It is a disease that affects children and young adults
especially males. All development workers should be aware.
of the National Tuberculosis programme and create an awareness
■aboufthe facilities provided under this.
When, trying to work out the percentage prevalence rate of
tuberculosis from figures given in the above report all the
districts, except Kolar, had a surprising uniformity upto the
third decimal point! The prevalence rate was 2.12 per 100
population. This is rather surprising and raises questions
about the basic validity of the data.
,12

'12
Leprosy: The av'raqa prevalence rate, for the entire
State is given as 3/1000 population in 1989. However,
there are large regional differences. The districts with
high prevalence rates (piar 1000 population) are:
Raichur

8.8

Gulbarga

8.6

Rellary

6.9

Bidar

5.7

Bijaour

5.3

Mysore

3.9

Mandya

3.6

Kolar

3.6

The vaccine preventable diseases in childhood are
diphtheria," whooping ccunh, tetanus, poliomyelitis, measles
and tuberculosis. Great emphasis is beino niven to immunization
programmes by the government, sponsored by UNIFEF, through
the Universal Immunization Programme (UIP) and the Technology
Mission. Unfortunately it is being converted into a verticalised
top-down, target-oriented programme during the past Few years.
The history of our own health services and programmes has
shown that an integrated health service at the level of the
community works best, is most cost-effective and acceptable
to the people. But this lesson seems to have been lost under
various pressures and compulsions working at an international
and national level.
Malaria which had declined consi 'erably in the 601 s
has shown a resurgence in the 70’s due to various reasons.
Greater recognition is now being ’iven to environmental and
biological measures for the control of mosquitoes, instead
of relying only on insecticides as there hasbeen growing
resistance in the mosquitoes to the latter,
Uater end food borne diseases or the gastro-intestinal
diseases (cholera, gastroenteritis, dysentry, diarrhoeas,
viral hepatitis, typhoid) are a major cause of ill health
in India and Karnataka. Facilities for safe water su.nolv and
proper sanitation are still inadeouate especially in rural
areas. There is a continuing need for t!-is to be a major
area of focus as a preventive he-lth tneasure even though a
water and sanitation decade has already gone by.
Kyasanur Forest Disease (KFD) is a viral disease transmitted
by ticks to man. It was first reported in 1956-57 in Kyasanur
Forest in Shimoga district. Lt also affects adjoining areas
of Uttar Kannada, Chickmagalur and Dakshin Kannada districts.
KFD is associated with the falling of forests and clearing'
of land for agricultural use. Those at greatest risk of
infection are cultivators visiting the forest accompanied by
their animals or for cutting wood.
Japanese Encephalitis (3E) is also a viral disease
transmitted by mosquitoes. Mandya and Kolar districts are the
most affected.

This is a brief overview of some of the communicable
diseases. Non-communicable diseases including cancers,
cardiovascular diseases, diabetes, mental ill health have
not been discussed.

,13

13
CONCLUSION

E.

Causation of disease and th?_determinants jo_f__health

Concepts regarding the causation of disease or
ill-health have evolved from miasmic theories (factors
relating mainly to the environment') to germ theories (discovery
of bacteria, parasites, viruses etc) to multifactorial theories
(a number of factors including both the above) in the West.
In India, our own ancient systems understood the health of
individuals to be the result of a composite of physical,
mental and spiritual factors and the importance of food,
cleanliness, good housing and a disciplined way of life were
accepted as necessary for good health. Whether social, economic
and political factors were recognised is a debatable issue.

Presently, however, it is accepted that some of the
basic determinants of the health status of a population are:
i.

adeguate and eguitable distribution of
income, food, shelter and clothing;

ii.

accessibility to safe water supply, sanitation
facilities, education and employment;

iii.

a healthy environment; and

iv.

h-'althy social relationships and life styles.

The role played by the health care services is
secondary to these.

It has been shown by the histories of the developed
countries that communicable diseases like tuberculosis.
leprosy and gastrointestinal disna'-es declined before the
•Ta of antibiotics and vaccines followin'? the improvement
of the socio-economic condition of the population and by
implementation of basic measures of sanitation.

Thus groups involved with rural development work, education,
awareness building, consciartization all contribute
significantly to improving the health status of people.

REFERENCES
1.

Central Bureau of Health Intelligence, Health Infg_r_ma_tiojn
of India, 1987, DGHS., Govt of India, New Delhi

2.

Bureau of Health Intelligence, Status Report, 19BB-B9,
Dept of Health & Family Welfare^ Govt of'Karnataka, Bangalore

3.

Joseph G et al, Health Care in India, 1983, Centre for
Social Action (CSAf, Bangalore

4.

Narayan R, Health, Nutrition and Agricultural Develooment,
(an oxploration focussing on'~karhataka~State’) , 1987,
Community Health Call, CNFCE., Bangalore

5.

Park JE and Park K, Text book of Preventive and Social
Medicine, 1976, Banarsidas Bha'notV Jabalpur.

WORKSHOP ON PANCHAYAT RAJ AND HEALTH CARE:
THE KARNATAKA EXPERIENCE

ORGANISED BY
THE NATIONAL INSTITUTE OF ADVANCED STUDIES
INDIAN INSTITUTE OF SCIENCE CAMPUS, BANGALORE
ON THURSDAY, 26 JULY, 1990
VENUE: CHOKSI HALL

PROGRAMME

09.45-10.00 A.M.

Welcome and
Introductory
Remarks

Prof. R.L. Kapur
Deputy Director
National Institute of
Advanced Studies

1naugurat i on

Prof. C.N.R. Rao, Director
Indian Institute of Science &
Hon. Director, NIAS

SESSION I

Mr. C. Narayanaswamy
Adhyaksha
Bangalore Rural Zilla Parishad
Banga1 ore

Coordinator

10.00-10.30 A.M.

Impact of Panchayat Raj
Examination

Prof. B.K. Chandrasekhar
Indian Institute of Management
Banga1 ore

Speaker

10.30-11.00 A.M.

in Karnataka: A critical

Panchayat Raj and Health Care
Speaker

11.00-11.15 A.M.

Discussion

11.15-11.30 A.M.

Cof f ee

:

Dr. G.V. Nagaraj
Joint Director,
Health & Family Welfare Services
Government of Karnataka

p,QG>

vJl

SESSION

II

Dr. R.M. Varma
Professor Emeritus
National Health of Mental
Health and Neuro Sciences

11.30-12.00 Noon

The Experience of Health Personnel
-Panchayat Raj

Dr. Mohan K Issac
Addl. Professor in Psychiatry
NIMHANS, Bangalore

Speaker

to Health Care in the Panchayat

12.00-12.30
Raj

Dr. B.S. Paresh Kumar
Department of Sociology
Mysore University, Mysore
12.30-12.45 P.M

Discussion

12.45- 1.45

Lunch

SESSION III

Coordinator:

Dr. Ravi Narayan
Community Health Cell
Bangalore

2.00 - 3.30 P.M.

General Discussion (including feed-back from invited
officers
of
Health Department and
Zilla
Parishad
Administration,
non-Governamenta1 organisations
as
well as People’s Representatives)

3.30 - 3.45 P.M.

Coffee

SESSION IV

Coordinator :

3. 45 - 4. 15 P. M.

Prof. R.L. Kapur
Deputy Director, NIAS

Dr. C. Prasanna Kumar
Director of Health and
Family Welfare Services
Government of Karnataka

Response to ]
General
]
Discussion
I

2

Mr. Philipose Matthai
Secretary
Dept, of Rural Development and
Panchayati Raj
Government of Karnataka
Mr. B.N. Betkerur
Secretary
Dept, of Health & Family Welfare
Government of Karnataka

.15 - 4.45 P.M.

Formulation of
Recommendations

- 2 -

Indian constitution guaranteed to all v.-ousn the

fundamental rights to equality & political participation. It
recognised the political rights of women,without any discrimina

tion, distinction or qualification to participate in the

deceision making for the nation at alii ■the' levels, whether in
^parliament or in Panchayati Raj.

Ho Developmental Mission can

he successful if the'' women, who constitute one-half of the

Y

cm

.

population, are

i

made literate* IrlterateyAware,—Organise,-Act

Accepting this mealityflndian Social Institute (ISI)

Tw-

p
. ,
,
xv .social Development some—togetherwork for the
empowerment of women among panchayati Raj representatives &—put/
them-empcxter-ment-process-aimed-at changing the nature and

direction of systemic

:es which marginal

disadv-antaged-section —to-act-thsmselves-efrectively —as a

representatives of _tbe_ueople.

whY,. thrge, .District _qf._T.aTJA nadu havq t^ke.q .u5..for_qtudy_
& training?

$.

pA

/ 71 TL'rf b fS I iV T 'A! •

The weakaess in the Panchayati Raj institution in Tamil Nadu

had been that Panchayati elections were not held regulary. They

were postponed repeatedly for one reason or the other. The
State Government as well as the political & bureaucrl tic
V
show power with Panchayat leaders.
leadership was reluctant
As per the Panchayat act of 1958, popls were held only twice
(in 1965 & 1970 ) tp panchati Raj. After a gap of fifteen years-

in 1986, elections to these bodies were finally held ft it was

dissolved in 1989.I In April 1993. the 73 rd constitution Ammendmeat Act in to force & accordingly Tamil j adu Government have

ii +U

passed the Tamil Nadu Panchayat Act, 1994. since it is the first

A

time in the political history 6£ India & Tamil Nadu that one

third of the total seats in its local seif-Government institution.
have been statitorily reserved for Names, it is necessary to
create proper social,Economic & also political conditions to

enable women to participate
£ff&€£tu.ti»ns

effectively in the local Government

- 3 -

institutions.without endomgering the possitive values of the
prevailing family systems.

'd'

?

fbty----------------------- ;£)&&&

A

It

Institute of Soci-e-1 -Se-ieneeg-prass—report'in* "Hindu “reveale

2« "

.

AS

7

t-Uat tne grass root political leadership was- decisively shifting

2,

?

towards a new class of young, literate, iliterate, lower &

middle income groups belonging to the depressed caster, poor &
/22^ouaz<c4_ <A"

women,most of them first gestation politicians. This is the first
time elected wpemn representatives have entered the political
h.-U b'- OC v < .

arena o f-Tamil-Nadu and more over Tamil Nadu people ’gca?a made to

(lorgefc—thf^panc+iayTTt^syFVrn-hy-iTospcn-frig-thc-^ancncTaUreiectJLons
more-^rkan—20-yeers^—As noviecs in the political field, they -muet_

YtexA. bs 6t^vi-<>p
need information-^ access to information that will encompass a

whole range of subjects from Government. ooldvcy tc the Issues &
to

problems confronting women every day. junt one and half yearj-ia

Wv<4..

avpr where they wese-put- from .the periphery to centre -stage in
cltlXfiAry nmaA.OU—
political decesioir-making. So-,—it—ia-this_backround-t.hat—the idea

o£_this proiect-is-borru The need of the hour is to initiate.

r/'Aw

and sustain

C^VveA

a procets whic-h-wi-ll enable women to think

critically,_-to question & analyse not only their own condition

but that of the people of their village, block or districts to

enable them to demand & aaces.s_knowledqe &skillsto function

eff«*otivialy—-,n people’.m

ieprosentatlve

& to olan-and act for

Fc,ctors Affsating women's empowrment:-

1.

Social Factors*- Tamil Nadu culture & social othos haveko

a large extent been influenced by a partiarchal value framework,

the main plank of which is that women are subordinat^to men; men

should order women should obeyf-Men are strong women ere weak;

and men are suitable for roles in public life & women, the more

- 4 Factors Affecting

Women's empowrmentt-

Social Factors;- Tamil Nadu culture and social ethos have to
a large extent been influenced by a partlarchal Value system.
The major problems in women coming forwa'rd to contest & function
ing successfully in the 1gadershfp position is that of the patriara

chai value frame work#-^Tfie main plank of which is that wonen
are subord5.naberto men; men should order v»men should ob^y; men

are strcSng women are weak & mon are suitable for roles in public
like & women#the more patient & more tender# should provide
for the comforts and conveniences of

home? for husband; children

and the kith and kin of the family. Women hardly get free time
to think of politics#

leave alone their effective participation

in it.
Only in some rich families i-xfedrfhich these house hold works
-^/uoX— kflMlwW

are done by sefvanfcsZ-can.-the female-members find the time to
participate in politics^ but that-gales only if the husband &
in-laws# permit this venture. Female insanticide is very sad

social evil and akil-1 it is prevailing in the District of
Salem & Theni. Even dowry—taking has registered increase in
A,

certain parts of Tamil Nadu.
As a result of these deeply entrenched social attitudes

and practices woemn by and large have not been idependent
decision- makers in the country. Their'decesions' in most

cases have been influenced by the wishes and diotatei'of the

mae famil members.

Sooctait- KUitax

So- i<a- cultural factors are^also acting a deterrent in
v

r

i

many caps,. For example# at nighty any emercency arses# women
abviously are not allowed to go to the spot , and help.^ven
durigg day time also many families object to their going out
to settle any dispute among the villagers. Rather their husbands

are made to do the jobs Apart from attending official meetings

IzLl^VX

at the panchayat or Panahayet Samlts* the permission of the

parents* in laws or the husband is necessary to visit.any
other place or any one of them have to accompany with her.

Obviously this is causing a serious constraint on their
mobility which is very much required in this positions.

In terms of access to food* there has been considerable
debate on the gender different in the requirement of food.

It is wall known that in crises situations* women do not get

their legitimate tthou of food* because in the preference scale
of the Karta*

who distributes food to all the family mesrbers

of the family* they occupy a lower place and hence can get

only a smaller scale. Some times, women of their own volition

do not take nutrlous food because of the wrong perceptions
about theirposition and requirement in the traditional culture

and social set up,
With regard to health care discrimination against female
is also reflected in the type and relative frequency in utilis1

Ing the same. The data show males receive better medical treat

ment than females in all age groups. Of course* Recently the
life expectancy at birth of female has exceeded marginally to

that of males. This can be explained in terras of more females
in the age group of GO and above compared to males. However*

in the younger age groups the feaEle mentality rate has been
hlger than that of males leading there by to M

a missing 100

million women!! in successive censuses. Infant mortality rate

both male and female is (1990-92) 53 per 1000 born. 64.28

perdent of Rural are access to potable water. According to
the census of 1991* the sex ratio in Tamil Wadu is 972 females

for every 1000 males & has been declining since 1901* with

6 With regard to women literacy rate only 39 percent of

the total female population above seven years of age are literate.
Caste relation also need to be taken account while

dealing with the subject of women & panchayti Raj,Traditionaly
lower caste women always depended on high-caste women both

economically & in social terms. They did heuse hold chores during
festivals or helped the high-case women in purifying their

houses on certain accasions. In return, they were paid in kind
with offerings of grain- money, sweets, etc., In times of crisis

the higher caste women would invariably help their lew er, caste

sisters

Q
K1 ’
(J
Fallowing the reservation of the seats np_w__granted,women
belonging to both highland low castes ?will sit together on the
panchayat bodies everithough, traditionally.

they have been

barred from sharing a common platform. This is likely to
(Wmwi cj-f^rn ■
create .some conflicts. Moreover Iroer-caste women may not be

inclined to hold their own against their higher-caste counter
parts because of unequal social status.

The reservation of seats in Panchayzat institutions for
women will encourage women of different age groups & castes to

take part in village affairs . This may upset the existing
patterns d>f inter-personal behaviour in the family. The younger

members could offend the elders or their husbands. There would
be reversal of roles. If the male & other family members of
the fanlly do not adopt to the now situation, this age-old

institution will come under sever strain.
Finally, the resistance from caste panchayats should

not be underestimated. These Panchayats consists of elder

Momhorp of a caste who are determined to preserve their
tradition. Thus, caste panchayats would not like women to come

- 7 out publicly and participate in political activites since this
will undermine the status quo. Similarly# the Village aiders

may harass women panchayat members if they raise their voices
against social evils . Generally women members of elected

bodies are afrraid of political gundas and rowdy elements to
raise their voice against mal practices# social evils# gender

injustice. In the case of councilor Mrs.Leelavathi of Madurai
Corporation# she was murdered to fight against the availability

of illicit licquor. Atrocities in Melavalavu Panchayath

(Reserved) was another example in the same Madurai District.

The part of Panchayfat President in this village was reserved
for Dalits during recent panchayat election . The high caste
people unable to face this encroachment on what they have
traditionally considered their demain .and<-thr:_eat_ened the Dalits
,not-to contest^the election. They burnt even their houses.

cMr

'Timi'cx

Two—times election were postponed because of the atrocities
of the high caste people. After the reconciledion-by- Government

officials# elections were conducted on Dedember 31#1966 and Mr.
Murugan was elected as the President and Mr.Mookan was elected a

the Vice-President of Melavalavu Panchayat. None of the caste
Hindus voted in this election. In the fouwards meant for others

(foutfe of the total ten) no one contested. After the elections
l/xTVvo tMrvC

the high caste people continued to threatened. theA elected
officials stating that within six months they would be murdered.

on June 30# 1997 six persons# including President and Vice-

President were killed by a gang of high caste in broad day light

r,

L*j‘~ 1

It- is the case for_ the Dalit male representatives# anybody-can
J
PM
imagine—the retmentof malerepresentatives toward the female
Sfro/yh-btAA__ ^4-mvrc—•
counterparts 'especially to the Dalit women representatives.

-—"
Given the above bacfcround whether the 73rd Ammendment
A.
wtl-L>be=able to bring about a significant change in the existing

- 8 -

situation leading to the political empowerment of women is still

cn\
an open question. Micro studies available from West Bdngal as
Well as Oriesa indicate that elected women representatives do

not have enough say in the decision- making process. The crux
of the matter# Therefore# is that women should he made aware

Jf*

of their responsibilities & rights through active campaign

and a much more compouhensive effort needs to be made the rough
proper training to women representatives.

b.

Economic Factors!- Economically# women possess weak bar

gaining power# except perhaps in some parts of nearly cities &

Towns. Agarwal (1994) who has exafnined extensive ethnographic

2

it

evidence-points out that south Asia women not only do not own

)l /

l

land but also do—not control it in spite of having progressive
Um
legislations. Even in-someI families the women inherit the landed

0<j2axA^property lest—have very little control over the management of
)

the samejAccording to the census

of India 1991# only 29 percent

of the women are recorded as wording on economically gainful way.

2

^Atleast 90 percent of the work in the primary sector(Agriculture)

In the industrial sector# they predominate in the household in
dustries characterised by seasonalltyj: uncertainlty# and low
still fermatlon . In the tertiary sector# women get employment

?

in 'other services’ inclosing domestic service.

According to the EightFlve Year Plan# around 30 percent

of the household in India are women—headed households and are

beloitf the poverty time. Lack of resources could^iake women a less
effective group in so far as resource allocation in concerned.
Since the beginning of the planned development the women

have been viewed as a deprived section requiring welfare measure.
It was only in 1975 that a UN Declaration compelled the national
governnent to shift the emphasis of its women's programmes from

- 9 -

welfare to development . in 1986 , after the Women's world

Congress tit Nairobi, a national document prepared laying down
forward- looking strategies for women development. In this

document the question of their political participation was

highlighted and it was recommended that 35 perdent of the

total seats should be reserved for women. The document known

as the national perspective clan (1988). It was also recommended

•?
that some

posts should be reserved at the blaick and village

level bureaucracy. On the economic front a nunber of income

genn^ting schtenes targeting women such as Development of Women

and Child in Rural Areas (DWCRA) were Introduced. In addition,
9
provisions were also ria de to keep certain proposition of women
as beneficiaoies in all the developmental schemes like IRDP,JRY,

NRY, TRYSEM, Thus, we find a host of national and international
events couples with complex social and economic factors influen
cing the decisions

regard^

he status

of women, culminating-

in the reservation of 33.3 percent of the total seats for them
at Panchagat level.

c.

Political Factors*- Since women don't have much social &

economic power, they are also unable to excercise any political

power, evidenced from parliament state legislatures and trade

'

2

ftvM tA'I'lMW'l

A

unions clearly shows that the womens representation in them is
insignificant. In political parties^/important post/are also

not given to women.

In fact?the Nev; Delhi Docunent on Women in

Development (1985) was aware of this problem and remarked “
despite the rapid growth informal political activity by woman,

Illis' role in the formal political structure had virtually
remained unchanged-",

(National Prospective planning for Women,

Govt., of India 1988) After a decade, not much perceptibly change

has taken plaoe on the national scene except the 73rd Ammendment
h

- 10 -

of the Constitution,

if it is implemented/ around one million

women would come to the national politics from both Panchayat’s

and Municiplaities. But some of the states give lukewarm
response towards the election of the local self Government.

Further, a comparitrtee study of all the State Acts reveals that
there is less cope for decentralised process of decision**
making than before.

Many people Seel that even though one-third of the post

nave been reseireddfor women, their may not be enough candidates.
But the recent Panchayat election total of the elected women
representatives me 33.3 percent.

There are several other factors which explained the
low participation of women in the political activity. Criminali-

sation, Factionalisation of politics. Emergence of fundamentalism
at the macro level,- and back of awareness regarding legal and e
economic aspects of the society have constrained women entry

into the public sphere. This indicates that the reservation of
seats is eeeessary but not sufficient condition for women to

take part in the political process in an affective manner. It is

imperative, therefore, to being women to the centre-stage of the
political process - and for this political awareness and training.
should be condicted dJvthe grass-root level of grama shoba and

Gr am-p anc hayat•

d.

Therefore between the Administrators and Women elected Represe

tative- • Under the present set— up, all developmental schemes &

allocations of funds for womens welfare are routed through
collectors, BDOS and other officials. What is more, the
developmental schemes treat the household as the unit equated

with its head who often happens to be male# Hence, women in the
house holds get neclected.

The administrators also don't taker) much interest in

the specific problems of the women. Ofcourse# over the years#
a number of schemes for the benefit of women have been
specifically devised. But the administrators have been giving
only lip-service to them, since the elected women representative
will not immediately be in a position to grasp the significance

of the schemes# the administrator will have ample opportunity
to by pass them completely. Very often there is no transpenency

about the decisions. Further# not many ramen officials are
available# nor or- all female officers sensitives to ramen's

problems. Many think that having risen to senior levels they
belong to a superior categoric

and deride village ramen &

charge them of lack of even common sense. Last but not the
least# wide spread red-tape roblss the schemes of their
dynamism# jfer all these reasons, women should be made aware

of thei^ deficiencies of the sureaucracy and the bureaucrats
should be sensitized to the needs of the ramen..

Major findings

of Recent study in siu states of Gujarat# Haryana#Himachal
Pradesh, Kerala# Madhya Pradesh and Uttera Pradesh by society

»

/

for Participatory Research in Asia- 1997.^=4^-’
1.

n

Nearly 80% of Gram Panchayats in the study conducted’ regular

meetings as per the norms la id down in their states.

2.

Nearly 75% of all Gram panchayat members regularly attented

the meetings. Participation of members of weaker sections and
women has been rather uneven.
3.

The agenda and the dates of ■ the meeting were fixed/proposed

by black and district government functionaries.
4.

The obsence of clear understanding about roles of Gram

Panchayat# President# V£ e-President and members was a major

problem afflicting their functioning.

- 12 5.

The niagor issues discussed in Grama Panchayat meetings

relate to the schemes and programmes of Governitient(IRDP-JRY etc.

Gram Panchayats rarely took up the issue of related to conflicts

and disputes in the village, land and natural resource issues
or comprehensive village planning.
6.

Various sub-commictees included in the legislations (sac ial

Justice Amenities, Production, Executive Committae etc.,{Never

functioned in any of the panchayats under study. There is no
clarity about the goal and composition of these committees &

no effect has been made to make these operational.
7.

Tne most disturbing finding of the study relates to the

obsenae of clear guide lines on devolution of power and authori
ty to Gram panchayats As a resultsmost Gram panchayat wait for

instructions from Govt., functionaries and narrowly define
their role as mere imple-menting

agencies.

Role of Panchayat Secretary

In all States, a government functionary acts as Panchayat

Secretary (covering 4.7 Gram Panchayats except Kerala
where there is a Panchayat Secretary for each Gram Panchayat)

in nearly 8o% of the cases, Sarpanch/Pradhan and members of the
Gram Panchayat complaine d about the Bunctioning of the

Panchayath Secretary Regulary seheduted meetings of Gram
Panchayats had to be cancelled due to sudden absence of
Panchayat Secretary, Full and clear information about available

schemes and resources was rarely provided by Panchayat
secretary. The attitude of Panchayat Secretary towards members
of Gram panchayat coming from weaker sections and women

members in most cases was reported to be either apathetic or
downiight hostile.

In only 10% of the cases, Sarpanch/Pra<3han of the Gram
Panchayat and Panchayat Secretary had good functional relation
ship-

- 13 In almost all the cases# the external relationship of the

S>S were invariably mediated through Panchayat Secretary who
utilised this for controlling their functioning. The study
reveals that effective action to ensure open, accountable and
efficient functioning of Panchayat Secretaries is crucial.

The experience of appointment of Panchayat Karmls in
Madhya Pradesh shows that Grain Panchayats are able to '-rark much

more effectively with these Panchayat Karmis (appointed by Gram

Panchayats) as opposed to Panchayat Secretaries, appointed by
the government. Ensuring direct accountability of each Panchayat
Secretary to the Gram Panchayat is of paramount importance.
II Gram Sabha.

1.

The formality of convenlg Gram Sabha meetings as per the norm

of each state (minimum 2 meetings per year) has been fulfilled in
majority of the situations under study.

2.

In a vast majority of these Gram Sabha meetings, the minimum

required quorum as prescribed by each state was rarely fulfilled.

3.

In nearly l/3rd of the cases under study, records of Gram

Sabha meetings sere comple ted even when meetings were not held

or there was no quorum.

4.
The most significant reason for poor functioning of Gram
Sabha is absence of understanding about its roleskn the minds
of both its members and Gram panchayat leaders. No effort has

been made in enabling members of the Gram Sabha & village

community at large to understand their roles in ensuring policy

advice and priority setting to Gram Panchayat, on the one

hand and monitoring and accountability of its performance, on
the other.

- 14

5.

The Single most important reason for poor attendance at the

Gram Sabha meetings is absence of prior information about the date
place and agenda.
6.

Wehrever Sarp ano h/Pr ad han & Grem Panchayat members have consul

ted members of the Gram Sabha in advance & discussed with the
the problems of the village on an on-going basis, participation

of members in Gram Sabha has been substantial and active. This

has been so even in cases, where constraints of social or physical
access or daily wage labour have inhibited participation of wstsr

weaker sections and women.

7.

Confusion about the role of Gram Sabha is highlighted when

those who attended the meeting view it as either a programme of a
politicial party or an occasion to identify beneficiaries for

different government schemes.
8.

Except in Kerala and Madhya Pradesh, the advice and suggestions

of Gran Sabha are not binding on Gram panchayat. In reality,Gram
Sabha meetings do not serve the purpose of either establishing
village priorities and overall policy framework for Gram Panchayat

or regular monitoring and accountability of the resources and the

decisions of the Gram Panchayat.
9.

Most Sarpanch/Pradhan lack skills in conducting meetings of

the Gram Sabha in amanner that could promote wider participation
and discussion of issues affecting the village.

10.

Issues of social justice and internal dynamics of the village

have rerely been an agenda in the G.S.

1.

,

Proper orientation of elected Gram Panchayat members in general

and SaKpanch/Pradhan in particular, about the roles of Gram

Panchayat needs to be strengthened on a wide scale.

- 15 -

2.

Specific Orientation of all government functionaries# mce t

importantly of the panchayat Secretary# is necessary to ensure

that Gran Panchayat and its leadership is supported on an on
going basis.

3.

Constitutional provision at the national and state level needs

to be strengthened to make the effective functioning of Gram
Sabha mandatory.The advice and decisions of the Gram Sabha

should be made binding on Gram Panchayat,
4.

The process of villagelevel micro-planning though wider

consultation should be encouraged and resourced by the Government

directly as well as with close co-operation of other bodies like
voluntary Agencies# schools/colieges# etc.# Such village plan

should then be systematically used for conduct of the Gram Sabha
meetins to review progress and plan for the future.

5.

Special interventions should be made at enabling the leader

ship of the Grain Panchayat to effectively consult the Gram Sabha

and to conduct its meetings effectively.
6.

Sustained information dissemination ox positive examples of

functioning of the Gram sabha and the Gram Panchayathaeed to be

suppocted by the government at State and national level in order

to create positive climate for promoting opportunities for seif
governance at the village level.

Profile of Panchayat in Tamil NadU.

1 v.A_
/ J v SI.
“ No.
Z/
r-y ?
J

Name of
Tiers

Number of
Panchayat

Total of EJe ctaa women Percent
Representatives age to
Elected
Represen
total
tatives

12.504

1#25#852

41,950

33.33 ■

___ .
1.

Village
Panchayat

2.

Panchayat
Union council

384

6,499

2,168

33.36

District
Panchayat

23

646

216

33.33

Total

12,996

1,32,999

44,334

33.33

3.

fyjd''■ (W\,

-dsupvj

.

■ md

.^■'■■,'

''i;.';.';/>'•-

A-^-r^bfri

./■'-

wf.^c '<-' ■ ■: <

iZ^ccuVr

,/<v n c^/wy w7r,>,'2y

i m t^i- L tx.

■

Area Identified for the socio- economic and political
study and training*1.

Dharmapuri District

2.

Erode

3.

Milgiri

"

Gaals for study*-

1.

Providing forum for women Panchayati Raj representatives

where they can discuss their problems and find solutions from

each other as well as from the experiences of various panchayat

women representaftives.
2.

To help build up their confidence and self esteem.

j/I^

3.

To use the oppertunity to help women analyse this role as

representatives of the people.

4.

To provide information which woule strenthem them as

elected women representatives.

5.

To enable data building and documentation and create material

to the usefull as resource for training and advocacy.
objectives of the study*-

1,

To what extend or in what manner women have been associated

with governance of Panchayati Raj.

2.

The scope and extent of participation of women Representative

in the activites of Panchayati Raj.
3.

Peculiar problem which women foces by nature of being awomen

and the role of the panchayati Raj in finding solution to these
problems.

4.

Estimate the capacity of women representatives in managing

the political affairs.

5.

At what extent the real empowerment of %omen realised and

how effectively decentralised or power distribution taken place.

6.

To identify factors which promote or hinder women from

playing an effective role in the Panchayati Raj.
7,

To study the emerging wommen leadership, its nature and

determinants.

17
8.

To establish like between male and Female representatives

of Panchayati Raj to enable ^lamination and training.

study Design, Methods techniques and Execution;<^■1. Analysis of historical records and analysis of documents

to get historical backround and present history of Panchayat Raj
2.

Field studys(i)

Non participant direct observion- observational behaviour

(ii)

Participant observation- interactional recording.

(iii)

Mass-observation;Recording mass opinion,interview using

(iv)

Mail questionaire-to the representatives unable to meet

(v)

Personal interview - With a detailed schedule with open

saile.

idependent observers in public places.

for interview.

and close questions.

(Vii) Focused Interview-

Interviewer focuses attention upon

given experience and its effects.
(viii)Group interview-

Grana Shaba members interview in
Shaba meeting.

SkkhaAiiiaistdaagx

<ix)

Case study

-

Collection d£ date of intensive

charactor.

3.

Area SamplingsTwo taluks of each district will be covered for

personal interview with vxamen panchayat representatives. The
questionarie will be sent to other taluks of women representativ<
to respond.

Szses Three trained female interviewer will be

appointed for this work with one co-ordination.

Perceptions of women in politics.
(1) Is the representation for women to Gram Panchayat
necessary•and benefic1 al?
there enough government schemes for women?

jy feel chat men or women are better administrators.
In your opinion?what is women Rote in politics?

t is

definition

about they being in politics?
Have they voted any election?

Are they La

il party?

Position in community.

people come to them with various problems before

they were a Gram Panchayat representative?
(2)

Do people come to them now?

VIII standing f<5.f election*
(1)

How did they decide to stand for election* any body

aslead to stand or go on their own?
(2)

IX

VJho helper? them to file their nomination papers?

(3)

Did political part of support then while contesting?

(4)

Did their family permit to contest election?

Participation in Grama Panchayat.
(1) Do they attend the Grama Panchayat meeting regularly?

(2) what is their perception of meaningfv.lparticipation
in Panchayat.

(3)

Do they speak in meetings?

(4)

Do other women members speak at the maeting.

(5)

Tfaw do the male members react women’s participation?

(6)

Have any male members expressed this views of the 30%

womens resexraation for Grain Panchati Raj?
(7)

Jbw does their family feel about they being invoiced
in the Gram Panchayat?

- 20 -

(8)

Is the community and society they live in Conducive

to women's participation in Panchayats.
Did they raise issues and problems specific to gender#

(9)

in Panchayat meetings?

(10)

Did they feel that affluent or influential women can

participate effectively in Panchayat meetings?
Attandence of training Programme.

(1) Have they attend any training progranmes to help them
as a Gram Panchayat representatives?
(2) Do they feel it is worth effort to be a Grama Panchaya

representatives?

55

Analysis of data

6.

^neralisatiop) an interpretation <w\

7.

Preparation of Report.

Duration*

—-----

Part -II

Training Strategy to strengthen the Women In
Panchayatl Raj Institution.

Introduction*In the wake of the 73 rd Ammedflament, hbpe has been

created to make the Panchayat Raj Institutions more effective

and independent. The new dimension towards gender equity has
been inducted with l/3rd reservation for the women in these

institutions. According this provision, the state of Tamil
Nadu has

12,584 panchayat, out of total of 1,25,852,

representatives, 41,950 women representatives were elected for

village panchayats on October 9th and 12th of 1946.

Being provided with this oppertunity, it would be .
necessary to ensure that these provisions are,made accusible

to the common rural women. It must be enased that -that women
representatives actively participated in the decesion making

process of these institutions. This Amendment has come as a

boon to our social action in the empowering process.

The need for Training support.
It is important to recognise the fact that a large

number of women who has got elected in to the panchayatl Raj

Institutions, have done so because of a cresical legislative
intervention- the 73rd Amendment. Having continuously p

experienced secondary positions in family,conmunlty and

society at large, the situation may not be very different
within the panchayath raj Institutions. It is crusial to provide
an impetus to the women who have got elected to the Panchayath
bodies to function to their fullest capacity in an enviornment
that may notbe quite suppertive to enable them to realiseto

realise th&ir full power. Therefore, process of training could

- 22 -

unfold their talent patentials, enhance their leadership
development, and provide management skills to equil then

to realise their full strength.

The training of women Grama Panchayat members will

focus on«1.

Building self confidence among the women, if this

exercise commences, the women would on their own seek more
indommation with regard to whatever they feel a need for.
Psychological

and social barriers constructed over time

and dictating how they should behave with men, upper caste

people, officials and others have to be dismantled. Not an
ffiasyxEi

easy or quick task but one that is of essence.

2.

Examining the various con^jonents of one's identity, caste

gender, class etc. and attempting to see how one moves to an
identity that is beyond these. The tensions generated by

the reservation and having people of various backgrounds
together in the Grana Panchayats should be dealt with.

3.

Concepts such as " Decentralisation", " democracy",

" Politics", etc., have to be defined, with the trainees, based
on their experience and understanding of the terms.
4.

Structural analysis of the Panchayat Raj Institutions,

its relationship with other systems. The Rules, Regulations,
roles and responsibilities of members. Chairpersons, vice
chairpersons, members, secretary and officials, prodedures

and methods. Comparing and contrasting the current Grama
Panchayats with the erstwhile Mandal Panchayats.
5.

Legal Literacy on basic laws especially those related to

women, scheduled Castes and Scheduled Tribes.

- 23 -

6.

The need to form groups amongst themselves to tap Government

schemes and to learn skills that would enhance their income.

The whole su^ect of organising people hast© be dealt with.
in stages.

7.

Political skills such as lobbying, campaigning and

manoeuvering for space have to be learnt by those who are new

and unskilled at ensuring that their meeds/viwwpoint are
heard.

8.

Decision making* How to priorities, weigh options.

choose work for consensus etc.,

9.

The myriad Government schemes available will be looked into

for a deeper analysis.
5.10.

Thd Major Goals & Specific Objectives of the Training

Programme*-

5.11.

Major Goals.

To empower & enable the elected iramen representatives to
effectively perform their role as Grama Panehayat Members.

2.

To facilitate the acquisition of adequate Jcnowledge and

skills required to perform the role of representing women in

ppaticular & the people in general.

3.

To provide the knowledge & skills needed for women to

participate in decision making- for development efe the local

level.
4.

To provide

opportunities to help women (obsorb) inbi.be

values of a just society & to enable them to work with other
wosshii & men.

5.12.

Specified Objectives*-

1. To develop a clear understanding of the Tamil Nadu Panchayat
Act, 1994.

- 24 ~

To increase the awareness of the procedures and Rules cf

2.

the Grama Panchayat Meetings.
3.

To develop skills related to leadership and conrnunication,

4.

To develop a role perspective of a Grama Panchayat member

in relation to issues which directly affect woeen, including

education, health, environment etc..

To equip Grama Panchayat Members to effectively participate
in the decision making processt

a) Conduct group meetings- and discussions.
Acquire skills related to planning,problem selving

b)

budgeting,accounting,recording minutes and reporting,
c)

Develop the art of public speaking.

d)

Enable the women representatives to listen/read

comprehend and critically analyse matters related to the

functioning of the Grama Panchayat.
6.

To enable women to become sensitive to gender issues.

7.

To promote a seee of commitment among women representives
to undertake concrete aetivites, to solve issues effecting
women.

8.

To facilitate processes which would enable women to imbibe
values of equality, liberty and social justice.

9.

To develop capacity for team work.

5.20

Principles of Tralningt-

Training will be a participatory process, allowing trainees
to have time and space for reflection, thereby influencing the

contents and structure of the training programme/
Training will be experiential, enabling participants to
learn from their own experiences as well as that of tsstefc
others, leading to a situation whereby women imbibe a new

set of values, behaviour patterns, attitudes, methods of work
a

25 -

and begin to take qualitative decisions about themselves.

their homes and their community;
Training will impart certain essential information for

women to carry out their responsibilities as panchayat

members adequately;

Training will be an ongoing, continuous process,rather
than a single , time- bound event, carzled out in stages with a

span of 3- 4 months between phases*
Training will he conducted in a decentralised .manner at

Panchayat union levels;
Training will be be imparted in a residential context,

each phase with a duration of 4 days, the first 3 days of
training will be exclusively for women, while joint training
for men and wmen will be Imparted on the last day-

Trainlng will be imparted by agronp of trained Resource
persons who will continuously work with the same group of

members;
5.30 Training content;In collaboration with district officials, NGOS., Training
& Research Organisations, Panchayat members etc., a separate
training manual with the following curriculum will be developed
(aG participatory training methodology, (b) coro-instructional

design, (c) locally prepared supportive curriculum, and(d)

checklist for assessment of training effectiveness and follow-up
The broad content areas considered significant for training

are given below;(1) Building a learlning envlrannnnt; understanding learners'
anxieties, learners’ resistance to partdpipatory learning-

26

1) Socihlal anaysis in terms of gender and class dis

II.

crimination.

2)

status of women

3)

Women and law- Laws relating to dowry# paper, equal

<2

Remunaration Act, shild marriage Act, Hindu Marriage Act#
Divoce and Provisions concerning untochability.

III.

1) Leadership and communication skills

IV*.

1) History of Panahayat Raj Institution

2)

Personality Development.Self confidence and selt-esteem

2) liaprotanae of decentralisation.
3( Principles and oJ^^ectlves of panahayat Raj

VI.

4)

Main features of constitutional 73rd Amendment

5)

Importanceof Reservation for women.

1) Main Features of Tamil Maud Panchayat Act 1994.

2) Three tier system
3( Importance of Grama Sabha.
4) Scope and constitution of village Panchayat
5)

Types of Grama Panchayat Meetings and Meeting procedure

6)

Chorum

7)

Standing Committee.

VII. 1) Functions of Grama Panahayat as given in schedule-I
2) Duties & responsibilities of President/^ice-President,
& Members.

VIII 1) Staff Brama Panchayat.

2) Grama Panchayat Funds & means of resource Mobilisation.
3)
4)

Budgeting.

Community Development & panchayat Raj Institutions-needs

of Community#Priority of needs# action plan and imple
mentation.

5)

Details on Income Generation & welfare schemes of

Central & state Governrrents.
IX .

Methods of Training.

pOL - 3

Women and Grama Sabha

Experiences from Kerala
The 73rd and 74th Amendments of the constitution paved the way for
decentralisation of power and setting up of Grama Sabhas. Grama Sabha envisages

direct participation of people in the administration and development activities of a

village.

All the voters in a village are members of grama sabha. Grama Sabha in the
lowest body which has direct representation of the people. No other body in the

democratic set up has direct representation.

In Kerala
Women constitute 50 % of the population. The setting up of Grama Sabha
helped rural women to express their views and ideas without fear. Since grama Sabha

meetings are held in the ward itself women can attend the meeting without difficulty.

They can explain their problems in their own language.
The average attendance of women in Grama Sabha is 25 to 30% out of this
only 10 to 15% actually participate in discussion and raising of problem. The women
participants come from BPL families. Women from APL families normally do not

attend grama sabha.
There is one grama sabha each for each ward. 10% of the total voters is the

quorum. During a year grama sabha must meet 4 times. The grama sabha meetings

are connected with the plan process. In the 1st meeting discussion on the annual plan
is being done. In the Ilnd meeting discussion on annual project prepared by the grama
panchayat is being done. Recommendations and approval is given by the grama
sabha. The third and fourth meetings of the grama sabha is in connection with

selection of beneficiaries and implementation.
Since 1/3 of the panchayat members are women they can play a vital role in
the developmental activities. Women members in majority of panchayat encourage

women's to participation in grama sabha. When supported by women panchayat
members the rural women raise their problems in the grama sabha without fear.
In Kerala as a result of the planning process women self help groups have
emerged. Self Help Groups are non formal groups with women from BPL families as
members. These groups promote saving habits and thrift programmes.

1

They ■

Empowerment of panchayats smithy, especially the women panchayat
members is the need of the home. The members who came from rural areas do not
have any experience. Hence they must be empowered through awareness
programmes and skill development programmes.

Gender Governance and Grama Sabha
In Kerala grama panchayats headed by women, function more effectively.
Women elected members have another important role also. They can work for the up

liftment of the entire women folk in the panchayat. Women participate actively even
in election campaign.
During the early years of Panchayat Raj (1996) political parties found it

difficult to get women candidates to contest election. But at the close of the first term
1996-2000 women voluntarily came forward to contest. Women have themselves
proved to be capable of election campaign, governance and to discharge their official
duties. Women are now actively working in political parties.

Major Lessons Learnt

1.

The percentage of reservation for women much be increased from 33% to
50%. Since the population constitute more than 50%.

2.

The entire women folk must be induced to participate in the grama sabha.

3.

Awareness programmes must be conducted to empower women about
Panchayat Raj. This can effectively be done through self help groups and

4.

neighbour hood groups.
All out efforts must be made to release the plan fund in full in time to the
grama panchayats, implementation of the projects must also be transparent.

5.

Grama sabha now listen to the words of women.

6.

Women members in grama sabha has succeeded in cultivating transparency in
the selection of beneficiaries.

7.
8.

Women have succeeded in solving the problem issued in grama sabha.
Women representatives have also succeeded in tackling the bureaucracy.

Efforts, Experiences in strengthening in grama sabha in your state

1.

The “Dalits” usually keep aloof from the grama sabha. Efforts must be made
to increase their participation.
3

participate in grama sabha and actively participate in discussion. These groups have

also started implementing projects under productivities sector.
The participation of women in grama sabha is high when benefits of any kind
is being distributed. When beneficiaries are selected through grama sabha also the'
number of women participants increase.

When women panchayat members

personally contact rural women the participation is on the high. The style of
conducting grama sabha also differs. Women panchayat members show more care in
the case of rural women as a result of which the number of participants increase.

10 % of the plan fund is being allocated for projects which directly improve '
the conditions of women. During 1997-98 there was a request to the grama

panchayats to earmark 10 % of the plan fund for women development. But majority

of the panchayats did not allocate 10 %. During 1998-99 it was made mandatory to
prepare projects for 10 % of the plan for women development. During 1999-2000
women component plan scheme was introduced. The plan document must have to

contain projects for 10 % which aimed at women development.
Grama panchayats started releasing financial aid to Self Help Groups by

giving working capital. NABARD and other Banks also came forward to help the

SHGs which performed better. SHGs in turn started cultivating paddy, vegetables,
tapioca etc. in agricultural lands which were kept uncultivated. Self Help Groups also

started income generating programmes, small scale industries such as food

processing, garment making etc. also have been started by these SHGs. In those

panchayats where SHGs function properly the participation of women in grama sabha
is high.

After 3 years of “JANAKEEYASOOTHRANAM” there is a steady increase
in the participation of women in grama sabha. The members of SHGs have become

aware of grama sabha participation. Members of SHGs participate in grama sabha as
groups and actively engage in discussion. They also came forward to be represented

in development seminar of grama panchayats. Grama Panchayats have found that

rural women have their own abilities. If they are given a chance to lead any
responsibility they will do it in full spirit. Therefore the panchayats have started
identifying and-evaluating SHGs for extending support for implementing.
developmental-projects. ■
2

Empowerment of panchayats smithy, especially the women panchayat
members is the need of the home. The members who came from rural areas do not

have any experience.

Hence they must be empowered through awareness

programmes and skill development programmes.

Gender Governance and Grama Sabha
In Kerala grama panchayats headed by women, function more effectively.

Women elected members have another important role also. They can work for the up
liftment of the entire women folk in the panchayat. Women participate actively even
in election campaign.
During the early years of Panchayat Raj (1996) political parties found it

difficult to get women candidates to contest election. But at the close of the first term
1996-2000 women voluntarily came forward to contest. Women have themselves

proved to be capable of election campaign, governance and to discharge their official
duties. Women are now actively working in political parties.

Major Lessons Learnt
1. The percentage of reservation for women much be increased from 33% to
2.
3.

50%. Since the population constitute more than 50%.
The entire women folk must be induced to participate in the grama sabha.

Awareness programmes must be conducted to empower women about
Panchayat Raj. This can effectively be done through self help groups and
neighbour hood groups.

4.

All out efforts must be made to release the plan fund in full in time to the
grama panchayats, implementation of the projects must also be transparent.

5.
6.

Grama sabha now listen to the words of women.

Women members in grama sabha has succeeded in cultivating transparency in

the selection of beneficiaries.
7. Women have succeeded in solving the problem issued in grama sabha.
8. Women representatives have also succeeded in tackling the bureaucracy.
Efforts, Experiences in strengthening in grama sabha in your state
1. The “Dalits” usually keep aloof from the grama sabha. Efforts must be made

to increase their participation.

2.

The participation of upper middle class in grama sabha is also poor. This must

be tackled.
3. The “Panchayat Samithy” must be strengthened first. The elected body must
be given more power and resource.

4.

Neighbourhood group and self help groups are to be linked with the grama

sabha.
5. Elected members must be given continuous training in various subjects.

6.

Non governmental organisation must be brought to the developmental
activities.

7.

The political parties also must extend necessary help to the elected members.

M. Anithamol

Vice-President
Kallara Grama Panchayat

Kottayam Dist. Kerala

I am a native of Kallara grama panchayat in Kottayam district of Kerala state.
I had my school days at LPS Kallara and St. Thomas High School Kallara. After

passing the X th class I joined for Pre-degree. After passing pre-degree I joined for
typewriting and shorthand course and then joined as a teacher in a commercial
institute.
I have two brothers and 4 sisters. I am the youngest in my family.

I have never been a political worker. But as my father and brothers used to
work in politics I had a chance to cultivate some interest in politics.

On becoming an elected representative I hand no clear idea about the

functioning of a grama panchayat.

After becoming a elected representative I was able to undergo a series of
training in different subjects. These training programme, together with one year

experience in the panchayat has helped me a lot in discharging my duties. During the
one year period as an elected member I could cultivate a cordial relation with many
people in all works of life.
4

I have not came through any serious difficult problems till now. The officials
in panchayat as well as other often are helpful and cooperative. My social status has

since been improved. I also do believe that I could do many things to the poor people.
As a woman I have many limitation. From the general public I receive the best

cooperation. Therefore, I am more interested in political/ social field.
Even after becoming an EWR I had participated in ‘grama Sabha’. I had also
participated actively in group discussion. This experiences helped me to conduct the
grama sabha of my ward. Now I am confident to successfully handle the any
problems raised in grama sabha.
It has since been proved that grama sabha is a must in planning and

implementation. In our state grama sabha is the most effecting body at the lower level
in which the needs and problems of the poor people as well as the village as a whole

is being discussed. The procedure for selecting the beneficiaries is so transparent that

there is no chance for any complaint. At present women attend, the grama sabha with
more enthusiasm and interest.
In Kerala 10 % of the plan fund is year marked for women development

(women component plan) programmes. Promotion of Self Help Groups (SHG)
Neighbourhood Groups (NHG) and affiliation of SHGs to the Kudumbasree project

(A mission to eradicate poverty) has helped the empowerment of women in rural

Kerala.

Ward wise details of Grama Sabha Participation in Kallara Grama Panchayat
Total
Male
Female
Date
Ward No.

I

II

III

*
IV

■-

22/5/1997
20/8/1997
24/11/1997
31/7/1998
6/12/1998
1/5/1999
27/10/1997
2/3/2000
8/7/2000
10/10/2000
22/7/2001
2/11/2001
11/12/2000
24/5/1997
6/9/1997
21/11/1997
28/7/1998
18/12/1998
6/5/1999
25/10/1999
6/3/2000
13/3/2000
20/7/2000
17/7/2001
3/11/2001
25/7/1997
8/8/1997
17/11/1997
30/7/1998
14/12/1998
5/5/1999
29/10/1999
12/3/2000
17/7/2000
11/10/2000
14/7/2001
5/11/2001
28/5/1997
9/8/1997
18/11/1997
30/7/1998
15/12/1998
4/5/1999
28/10/1999
9/3/2000
17/7/2000

44
80
81
135
77
40
97
84
97
92
89
75
96
67
82
59
88
81
39
78
37
40
65
70
63
80
58
49
68
78
54
85
70
72
85
89
71
81
148
62
168
87
105
70
72

6

16
21
26
106
82
70
46
62
54
64
34
38
84
47
43
46
44
39
26
39
15
20
41
34
46
54
52
64
75
66
22
70
75
46
45
26
37
62
167
49
200
67
66
97 ■
96
77

60
101
107
241
159
110
143
146
151
156
123
113
160
114
125
105
132
120
65
117
52
60
106
104
109
134
110
113
143
144
76
155
145
118
130
115
108
143
315
111
368
154
101
202
166
149

Ward No.

V

VI

VII

VIII

Date

Male

Female

Total

14/7/2001
5/11/2001
27/5/1997- 21/8/1999
15/11/1997
1/8/1998
7/12/1998
3/5/1999
22/10/1999
10/3/2000
12/7/2000
15/7/2001
3/11/2001
31/5/1997
30/8/1997
19/11/1997
24/7/1998
12/12/1998
3/5/1999
23/10/1999
11/3/2000
21/7/2000
15/7/2001
11/11/2001
29/5/1997
24/8/1997
20/11/1997
26/7/1998
3/12/1998
5/5/1999
20/10/1999
4/3/2000
15/7/2000
16/7/2001
12/11/2001
30/5/1997
25/8/1997
22/11/1997
25/7/1998
19/12/1998
5/5/1999
20/10/1999
5/3/2000
11/3/2000
15/7/2000
21/7/2001
10/11/2001

63
51
3d
57
45
126
54
51
59
73
64
69
43
69
93
73
95
77
60
74
86
96
64
41
81
21
70
46
77
28
70
52
64
57
47
40
85
51
98
52
41
39
36
47 '
45
82
■ 55

57
68
25
78
44
87
41
45
75
69
73
77
70
1
10
31
23
24
23
68
48
50
60
82
26
80
40
97
82
76
48
45
48
45
43
14
120
52
51
42
35
79 ■
22
29
47
61
85

120
119
60 135
89
213
95
96
134
142
137
146
113
70
103
104
118
101
83
142
134
146
124
123
107
101
110
143
159
104
118
97
112
102
102
54
205
103
149
94
76
118
58
76
92
143
140

7

Ward No.

Date

21/7/1997
— - . --10/11/2001
X
20/7/2001
12/7/2001

IX

Male

Female

Total

70
64
139
64

55
49
86
39

125
113
225
103

8

pot- - 3

Regional Seminar on "Sender, Governance and
Grama Sabha: Presentations from Karnataka,
Kerala, Andhra Pradesh, Tamil Nadu and
Maharashtra"

<-----

Venue: Indian Social Institute, Bangalore.

J

Date : 13 - 14 December, 2001

Submissions by Rani, the President of Vanduvancherry Panchayat,
Vedaranyam Union, Nagapattinam District, Tamil Nadu.
I, Rani, the President of Vanduvancherry Panchayat, Vedaranyam Union,
Nagapattinam District feel proud to say that I am elected for the second term
amidst much opposition. I consider this as a credit to the hard struggle
initiated and led by Vanduvancherry Grama Sabha under my leadership.

1. Vanduvancherry Panchayat and its Resources:
Vanduvancherry is a village panchayat in Vedaranyam Union of Nagapattinam
District, with1200 households consisting of a population of 5000. The total number of
voters in this panchayat is 2907. The Panchayat owns 56 acres of plantations
yielding various fruits, 187 acres of grazing lands and 877 acres of Revenue Lands,
which are leased and cultivated by the members of Grama Sabha.

With this rich and potential land the panchayat was able to get a total revenue of
Rs.3,65,693 /- (Rs. Three Lakhs Sixty five Thousand Six hundred and ninety three
only) in the year 2000 - 2001, which was used for the development of the
panchayat.
I
was elected as Panchayat President in the year 1996. In this election I won with the
difference of 126 votes, with the polling of 700 votes in my favour. There were 4
other candidates who contested against me. In October 2001 election, I was elected
again as the president for the second term, winning over 5 other candidates, with the
difference in vote of 11, with the polling of 696 votes in my favour. Three candidates
who contested against me were deployed and supported by the Mining Industrial
Owners, to split the vote and defeat me.

2. Achievements and Challenges:
From the date of taking charge, I have been toiling hard to fulfil the basic needs of
the people, to develop the panchayat and to protect the common resources of our
panchayat, which has been the source of livelihood for the entire village community.
Solving the problem of drinking water formed the first priority among basic needs.
Constructing two overhead tanks and linking the supply to the existing pump house
solved the drinking water problem in three hamlets in the panchayat. The next
priority was low voltage of electricity, which was addressed by installing 4
transformers. There are two bus services everyday for the use of the villagers
especially school going children. The existing roads have been improved with the
available revenue of the panchayat. Tanks were deepened and maintained for the

use of the villagers. Through the group-housing scheme the villagers were given 40
houses. Improvement of the school building was executed by availing funds from the
M.L.A. fund. Also a bridge linking Annapettai and Vanduvancherry Panchayats was
constructed during the last tenure of five years.
As a woman president, I feel proud to say that the people in my panchayat,
especially women were satisfied as they could approach me for any issue. The
women members of the Self Help Groups played a very supportive role. Most of the
Grama Sabha Meetings were well attended, which formed the forum for discussion
and planning the developmental activities.

In spite of all these achievements, there were also various challenges. The non
cooperation of the Village Administrative Officer was a great hindrance in executing
my duties. Even after repeated requests and passing of resolutions in the panchayat
meetings, the documents of the village are not made available for the panchayat.
Continuous efforts to remove the encroachments in the panchayat lands failed due
to the interference and support of the Village Administrative Officer. We have
represented to the higher officers seeking immediate intervention.
Various actions have been initiated and taken towards protecting the common
resources of the village panchayat. The casuarina plantations developed in the
panchayat lands form hindrance to the existing fruit bearing trees like mangoes,
cashew, coconut, etc,. The villagers due to ignorance countered attempts taken to
remove the casuarina trees in order to protect other vegetation. Extensive Silicon
Sand Mining in our panchayat has devastated the green vegetation of our village,
depleted the ground water resources and destroyed the cultivable lands. This issue
was discussed in the panchayat and Grama Sabha meetings and various steps were
initiated to fight against this issue.

3.

Why we are opposed to the Mining Activities in our Panchayat:

•

This village forms part of Thahattur revenue division, which is rich with
vegetation.
The
villages
namely
Thulasiapattinam,
Vanduvancherry,
Vellikkidangu Pazhamuthir Cholai, Chettipulam, Chettiakadu, Vadamalai,
Kariyapattinam, Thanikkottagam and Thahattor forms part of this revenue
division. One can see rich plantations of coconut, mango, casuarina and cashew
plantation everywhere. The village Vanduvancherry is the source of good ground
water which is being pumped and supplied to the nearby villages for the past
three years. There are about 1500 houses in this area with the population of
5000. Agriculture is the main source of the livelihood. This ecosystem is close to
the Point Calimer wetland and wild life sanctuary.

>

The Great Vedaranyam Swamps with its components the Point Calimer
Sanctuary, Muthupet lagoon and Vedaranyam Swamps is one eco-system
which are interdependent on one another, which is very fragile and sensitive.
The impact on one these waterbodies or land eco-system adversely affect the
other and totally damages the entire eco-system, thereby destroying the life
and livelihood of lakhs of cultivators, agricultural labour, artisans, traders and
fisher people who are dependent on this eco-system and the very fragile
coastal eco-system.
The fishery and forest resources of the Muthupet mangroves are utilised by
the residents of a total number of 26 hamlets, belonging to 16 revenue

>

>

villages. Out of these, 20 are fishing hamlets and 6 are farming hamlets. The
total number of households of all these hamlets is about 8216, of which 4334
are fisher families while the remaining 3882 are framing families and
agricultural labourers. The total population of the fishing and framing
communities living in the above hamlets is about 37255, who are solely
dependent on these resources for their livelihood. Any tampering in the eco
system will result in the deprival of the livelihood of these coastal
communities.
Kodiyakarai in Nagapattinam District is a very famous fish-landing centre,
which harbours many fishing crafts. It serves as a shelter for most of the
marine fishermen in Nagapattinam District. A population of 54,340 marine
fishermen in Nagapattinam District alone depend on the marine resources for
their livelihood. The marine resources in this district are very related to the
eco-system of the Great Vedaranyam Swamp, as it forms a spawning ground
for numerous marine species. Any threat to the fragile eco-system of Great
Vedaranyam Swamp will result in the. destruction of marine resources and
thus the livelihood of 1.5 lakhs population which includes 54,340 marine
fishermen, agriculture labourers, etc.

•

The Directorate of Mines and Geology has granted licenses for silicon sand
mining to Tvl. Ezhil Chemicals (Pvt Ltd) Uthamacholapuram, over an extent of
2.66 acres of patta land in S.No. 205/1C1 in Vanduvancherry Village,
Vedaranyam Taluk, Nagapattinam District for a period of 20 years on 23.11.1992,
to Tvl. Shakthi Mines and Minerals, Thiruthuraipoondi over an extent of 4 acres in
S.No.2.5/1 in Vanduvancherry Village for a period of 10 years on 3.8.1992 and
Tvl Sri Ram Mines and Minerals, Thiruthuraipoondi, over an extend of 0.92.5
hectares of patta land in S.F.No. 158/6B/1A, 158/6B/2A, 158/20, 158/10B and
158/14 A for a period of 20 years in September 2000. The Assistant Director
(Mines & Geology) has estimated the resource as 47000 tons in the area of Ezhil
Chemicals Private Limited and 57,000 mt, in the area of Shakthi Mines and
Minerals as per the technical report. The technical report is not made public and
debated in the Panchayat. We feel that the recommendation of the Collector and
the Commissioner of Geology were not right in recommending in grant of license
and the same has been done without regard to environmental consideration and
availability of resources locally.

®

The sand miners though have license to work in a small area of the land, is in fact
mining over much a large tracts of land (patta, Panchayat, Government
poramboke and temple lands) without any authority what so ever. These
unauthorised illegal mining activities had resulted in flooding of nearby lands
belonging to residents and panchayat coconut, cashew, mango and casuarina
plantations (spread over 58 acres). Neighboring house (some of which has
situated at the quarry site) had suffered physical damage including major cracks
to the support walls. The Panchayat fencing has almost collapsed and roofs of
panchayat are lying exposed and it is a matter of time before these trees are
uprooted. Ground water resources and recharge is also being threatened
because of the indiscriminate mining of the topsoil and consequent erosion.
Heavy rains would result in massive uprooting of trees, collapse of houses and
other structures and further erosion. The Ground water of the village that catered
to the drinking water needs of surrounding villages has dwindled to such an
extent that it is insufficient to support even the local residents. The ecosystem of

the area-which is close to the Point Calimer wetland and wild life sanctuary in
under threat.
•

The firms are carrying on illicit and illegal mining operation in a manner disruptive
of the environment and threatening mangroves, wet lands and precious ground
water resources. Indiscriminate mining has resulted in complete denudation of
the topsoil over 100 acres exposing'clayey soil, which has no retentive capacity
to recharge our ground water. There is grave danger of salinisation of the ground
water due to the mining being carried on by the mining companies.

•

It is highly condemnable and a disgrace for transparent governance that the
District administration both the revenue and the mining departments did not give
the people or Coastal Action Network copies of the details of the licenses given
for silicon sand mining in Nagapattmam District, the information of the action
taken against the illegal miners, the details of mining, the technical report, the
mining map despite repeated requests.

4.

Various actions of the Panchayat against Silicon Sand Mining:

•

For the past 5 years the efforts to protect and safeguard the livelihood resources
of the people in this panchayat are many folded. In the efforts to sustain and
continue this spirit, the members of Grama Sabha have faced various threats and
sufferings. It is a on going struggle and campaign, in which we have been
successful to a certain extend. I am highlighting the various steps taken by the
village panchayat in the following paragraphs.

«

In the year 2000 the panchayat passed a resolution to ban the mining activities in
the panchayat and was sent to the District Collector (The Inspector of
Panchayats) and other revenue officials. From, then onwards various resolutions
were passed on various occasions.
Resolution dated 06.12.2000 in the Panchayat Meeting.
Resolution No. 137 in the Panchayat Meeting on 25.01.2001.
Resolution No. 152 in the Panchayat Meeting on 05.01.2001.
Resolution No. 153 in the Panchayat Meeting on 22.01.2001.
All the resolutions were ignored by the officials and there is no response from
them till today.

«

Though the numerous dimensions of the struggle against silicon sand mining can
be narrated in volumes, here I am trying to list out a few.
The entire village boycotted the Parliamentary Election in 1998.
Peace meeting was called for by the Thasildar, on 12th August 2000 on the
announcement of Hunger Strike to be held on 14.08.2000.
Dharna before the Revenue Inspectors Office of Thahattur Division on
14.09.2000
The women from the panchayat picketed and stopped the trucks
transporting silicon sand, which was released after getting the assurance
of not mining in the peace meeting, called for by the Thasildar.

•

Representatives of Vanduvancherry panchayat filled a Writ Petition in the High
Court of Chennai, praying to take legal action against the illegal sand miners.
(W.P.No. 12583/2000)

To speed up and win the support of the entire village, a Public Protest Meeting
was organised by the representatives of Vanduvancherry Panchayat on
15.12.2000, in which leaders of different political parties from the village came
together to fight against the silicon sand mining. Also Thiru. S.K. Vedarethinam
the M.L.A. of Vedaranyam Constituency participated in the meeting and promised
to extend his support. Members from Coastal Action Network were also invited
for this meeting. With the support of CAN, a Joint Action Committee Against
Silicon Sand Mining was formed and this Committee is very active in
campaigning against this issue under my leadership for the past one year with
the following demands.

ca" To ban the mining of silicon sand in the village of Thahattur revenue
division To Cancel the license of the contractors
To take legal action against the violators.

There were various public actions by the Joint Action Committee against Silicon
Sand Mining to pressurise the Government for immediate action. To quote a few
In the event of stopping the mining activities by the Grama Sabha
members, Thasildar of Vedaranyam Taluk, called for a peace meeting on
22.01.2001.
On 09.02.2001 the members of Grama Sabha of Vanduvancherry
Panchayat picketed before the lorries loading and transporting the silicon
sand from their panchayat and stopped the same.
The same day 15 members of the Panchayat including the President were
arrested and taken to the Police Station based on a false complaint
preferred by the miners.
v Nearly 300 men & women from the panchayat picketed the Voimedu main
road demanding the release of the arrested persons.
Hunger Strike jointly organised with Coastal Action Network in front of
Thasildar’s Office at Vedaranyam, on 19.02.2001.
On the announcement of Road Rokko on 4th April 2001, a peace meeting
was organised by the Thasildar of Vedaranyam. The peace meeting on 3rd
April 2001 was attended by the Vedaranyam Panchayat Union Chairman
P.V.Kuzhandaivelu, a few councilors, of the Panchayat Union and
representatives of Vanduvancherry panchayat. The meeting ended up with
the assurance from the licensees of sand mining to stop mining till the
lands are surveyed to find out the illegal mining activities.

False complaints were preferred against me with allegation of involving in illegal
mining activities. Placing evidence of resolutions passed in the panchayat
meetings the allegation was disproved. Later the miners filed Writ Petitions in the
High Court of Chennai praying the government officials to take legal action
against me (W.P.No. 3100/2001 & 3101/2001)
The panchayat has pressurised the Union Panchayat of Vedaranyam and made
them pass a resolution banning the activities of Silicon Sand Mining in Thahattor
Revenue Division (Date of resolution -12.10.2000; Resolution No. 88/ 2000).

As all the efforts at the Panchayat level yielded only limited results, we
tried and linked with other forums.
•

In the effort to strengthen the struggle and seek solidarity from various others
forums, the Joint Action Committee Against Silicon Sand Mining became a
member of Coastal Action Network, a State Level Network for Protection of
coastal people's livelihood and coastal-ecology and promotion of human rights
education and culture. Along with Coastal Action Network, we are building a
statewide campaign against the mining activities.
Fact Finding Visits were jointly facilitated with Coastal Action Network and
the findings were highlighted in the press.
Campaign Alerts were circulated seeking solidarity for the struggle.

o

After a yearlong struggle, the Department of the Mines and Geology formed an
Special Enquiry Committee to look into the matters. The committee conducted an
enquiry at Nagapattinam District Collector’s office on 3rd May 2001. Nearly 200
representatives from Vanduvancherry Panchayat gathered and placed their
objections before the Committee. Representatives from various People’s j
Organisations, Federation of Consumer Organisations of Tamil Nadu, Tamil
Nadu Environment Council, Citizens Forum for the Protection of Environment and
NGOs gathered in the hall and raised their objections to the Silicon Sand Mining.
On 4th May 2001, the members of the committee inspected the area, surveyed
the lands and the licensees were found to have encroached the puramboke lands
and violated the conditions.
We are planning to appear before the jury team in the Public Hearing in February
2002, organised by the Campaign for the Protection of Water Resources, to give
evidence and bring this issue to the attention of the State.

•

«

5.

Elected as the East Zone Convenor of Tamil Nadu Federation of
Women Presidents of Panchayat Government, I was successful
in getting the support of the Federation to the ongoing protest
actions and struggles and I am also actively involved in the
federation activities.

The Role of Tamil Nadu Federation of Women Presidents of Panchayat Government
in the empowerment of Panchayat Government:
❖ The Tamil Nadu Federation of Women Presidents of Panchayat Government was
formed in the first State - Level Convention of Women Panchayat Presidents on
18th October - 2000 at Chennai. 210 Women Panchayat Presidents from 20
Districts and two District Panchayat Women Chairpersons and more than 100
women leaders of voluntary organisations, political parties, trade unions, women
and dalit organisations participated in this Convention. This was made possible
by the efforts of District level Women Presidents Associations with the support of
29 Voluntary Organisations. A state committee to facilitate and strengthen the
Federation of Women Presidents was formed.

$ The first State Committee Meeting of the federation was held in Madurai on
17.02.2001, in which 36 women leaders participated from 20 districts and elected
their office bearers.
6

♦ The Federation Committee consolidated the Federation representation in all the
districts of Tamil Nadu, as per the resolution of the First State Committee
Meeting. In Many districts members were identified and incorporated with the
federation and also the district level committees were formed and strengthened.

♦ In most of the districts the district committees submitted a memorandum to the
District Collector especially calling for annulment of Sec. 205 of Chapter X of the
Tamil Nadu Panchayatraj Act which gives the Collector as Inspector enormous
powers over the Panchayat Government. No where in the world where rule of
law and democracy and the constitution is functioning can a public servant
dismiss / remove a constitutionally elected representative of government also
vested with powers of the executive.
♦ On 16.03.2001 a delegation of the Federation submitted a memorandum and
discussed their manifesto with political parties in the light of the General Elections
to the Legislative Assembly.

❖ Accepting one of the demands of the federation, after elections the Government
of Tamil Nadu headed by AIDMK passed a Government Order stating that the
reserve constituencies for women and dalits will continue for the next 10 years
period.
♦ The Tamil Nadu Federation of Women Presidents of Panchayat Government
expressed their solidarity to the murder of J.Menaka, the President of
Urappakkam Panchayat and conducted an independent fact-finding into the
cause of the murder and presented their findings and recommendations to the
Government of Tamil Nadu, other political parties. This enquiry took place on
31.03.2001, 3.4.2001 and 5.4.2001. The team was lead by the State President,
Ms.S.Pankajam.
♦ The Fact Finding team also addressed the press on 06.04.2001, which
pressurised the Government to arrest the main accused in the murder.

❖ The Zonal Convenor (North Zone) of the federation L. Amutha, the president of
Echempoondi Panchayat, participated and delivered a special address in the
inaugural function of the First State Level Convention of the Dalit Panchayat
Presidents at Chennai on 11th April 2001. Also she suggested many resolutions
for the empowerment of Panchayat Government and Dalit Panchayat Presidents.

♦ The federation supported many of the struggles led by Panchayat Presidents
against destruction of natural resources, gender injustice, untouchability,
industrial pollution, land alienation and acquisition, irrigation tank encroachment
etc. and send telegrams and petitions to the concerned officials.
♦ As a step to extend support to the struggles led by Rani, the President of
Vanduvancherry Panchayat against the illegal silicon sand mining, the federation
sent their objections to the concerned authorities. Also the issued supporting
press releases.

❖ On 03.05.2001 Ponni Kailasam, the General Secretary of the federation
submitting her objections, demanded immediate action to the Special Enquiry
Committee to inquire into the issue of illegal silicon sand mining in Thahattor
Revenue Division of Vedaranyam Taluk, Nagapattinam District.

On 09.05.2001 Ponni Kailasam, the General Secretary of the federation
participated in the seminar on “Financing for District Development” organised by
Singamma Sreenivasan Foundation at Bangalore and shared her views.
In the meeting on “Evolving Recommendations to the Government for
Empowerment of Women and Eradication of Violence Against Women" organised
by All India Democratic Women’s Association at Chennai on 23rd June 2001, K.
Mari, the President of Mampakkam Panchayat and member of the Executive
Committee of the Federation presented the resolutions passed by the federation
and advocated for including the same in the main agenda of Women’s
Movement.

The Second State Committee Meeting of the Tamil Nadu Women Panchayat
Presidents was convened on 28.06.2001, in which various resolutions were
passed.

Various members of the federation assisted and supported women candidates
those who contested in the October 2001 elections.
On 29.06.2001 a delegation of the Federation submitted a memorandum to Thiru.
Govindan I.A.S., The Secretary, Rural Development and Thiru. S. Rada Krishnan
I.A.S., the Member of the State Planing Commission and advocated for their
resolutions. The same day they addressed the press, placed their demands and
resolutions and explained their plan of action in the October 2001 election.

Forming part of the delegation of representatives from Women’s Movements, the
advisor of the federation Kalpana on 17th March 2001 presented a memorandum
emphasising various resolutions of the federation to the Chief Minister.
On 27th August 2001 a team met the leaders of various political parties and
presented their Memorandum for More Powers and Finance for the
Empowerment of Panchayat Government and lobbied for raising the same in the
Legislative Assembly.
Pangajam, the president of the federation participated in the five Zonal
Conventions of Dalit Panchayat Presidents (from August - September 2001) and
highlighted the resolutions and demands of the federation.

An Election Manifesto consisting of necessary policy reforms and changes for
empowerment of Panchayat Government and the-resolutions and demands of the
federation was jointly released with the Tamil Nadu Federation of Dalit Presidents
of Panchayat Government.
A petition was sent to the State Election Commission and the District Collector on
5th October 2001, condemning the auctioning of the posts of panchayat
presidents in various districts. The same day the statement was released to the
press also.

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7

ASHOK DAS

Directorate of Health Services
Madhya Pradesh
Phone : 551671 (O)
,
5545HB (ft)
FAX : 0755-551671
e-mail : akdas (&? vallabh.mp.nic.in
d.o. .No........ 1.Q $ .........

Dear Dr

Bhopal, dated

..... 3/..Ar./.ft?........

Sub:- Training of Trainers of Jan Swasth Rakshaks

You are aware that the training of JSRs has been going on for the last
2 years in the State wherein a community level person is being trained in
every village to look after the basic health needs of the community. Under
this scheme the training was initially being given at the Block PHC level and
later at the districts. So far only about 9,000 JSRs could be trained. To
increase the training output, : is now decided that the JSR training will be
undertaken at the Sector PHC under the overall control of the Sector Medical
Officer with the help of the Supervisors, ANMs, MPWs. Training of Trainers
I ie, the Sector Medical Officers will be for 2 days and start from 5 October,
1998. The JSR training will start from 10 October in all the Sector PHCs
where a Medical Officer is posted and has been given the TOT. While the
basic syllabus for teaching remains the same as before, the JSR manual is
being modified in view of the experience from the first 3-4 batches of JSRs.
The salient features of the modifications are enclosed and highlighted below:1

The training will be undertaken at the Sector PHCs and about 1012 JSRs will be enrolled per PHC.

2

Teaching will consist of theory lectures, role play, demonstration
clinical cases and field visits. The Sector Medical Officer will be
the chief trainer and will be assisted by the Supervisors, ANMs,
MPWs posted at the Sector.

3

The six months training course has been divided into six units
each of one month duration and after the competion of each unit
there will be a theory and practical examination. The BMO will
set the unit papers of 10 marks each. At the end of six months
a final examination of 50 marks will be held. The final assessment
will be based on five unit examinations (total marks -50) and the
final examination (total marks 50).

4

After successful completion of the course and passing of the
examination the JSR will be issed a registration certificate
entitling him to practice within the specified village. In case of
any malpracice his registration will be cancelled'and he will not
be allqwed to practice.

|

A brief note on the modifications in the training curriculum of the JSR
is' enclosed.
You are requested to refer to the earlier module for TOT
scheduled for 5 October. In the meantime the modified manual consisting of
six units is being prepared and will be sent to you shortly. The printing will
have to be done at your end.

ours sincerely

Ashok Das

Copy for information:1
2
3

Principal Secretary, Public Health & Family Welfare.
Divisional Joint Director
Chief Medical & Health Officer

Health Commissioner

/gPcoi

Z'W<

J. FL*-

TRAINING CURRICULUM OF JAN SWASTH RAKSHAK

DURATION OF TRAINING
PLACE OF TRAINING

6 MONTHS
.

SECTOR

Month I

PRIMARY

HEALTH

CENTRE

Unit-I

Topic

Teaching Mode

Learning Objectives

1 Week

Introduction to Health Care
Services, Health Programmes,
Duties of JSR, Code of
Conduct, Visit to CHC, FRU,
Sub-centre

Lecture & Field demonstration

Knowledge about basic health
infrastructure

2 Week

Anatomy and Physiology of
the Human Body

Lecture and clinical
demonstration

Knowledge about human body
and its functioning

3 Week

Nutrition and Diet, Dietary
supplementation for
Pregnancy, Lactation, growing
children

Lecture, Demonstration & Role
Play

Knowledge about nutritive
value of foods and nutritional
requirements, identification of
malnutrition

4 Week

Examination of Patient

Lecture, Field and Clinical
Demonstration

Clinical examination of cases

Week

Unit-I Examination

Unit-II

Month II

Week

Topic

Teaching Mode

Learning Objectives

5 Week

RCH Programme, ANC and
Maternal services

Lecture & clinical
demonstration

Idemificationj of normal
pregnancy, high risk
pregnancy

6 Week

ANC & Maternal services cont.

Lecture, clinical demonstration
& role play

Treatment of anaemia,
knowledge about care during
pregnancy

7 Week

New Born Care & Immunisation

Lecture, demonstration & role
play

Knowledge about care of new
born, motivate for
immunisation, refer high risk
child

8 Week

Growth & Development in
children

Lecture, field and clinical
demonstration

Assess growth and
development of child, refer
cases of malnutrition

Unit-II Examination

8

Month III

Unit-m

Topic'

Teaching Mode

Learning Objectives

9 Week

RTI, STI, HIV-AIDS & Target
Free Approach (TFA)

Lecture, clinical demonstration
.& field visit

Motivate patients for taking
treatment for RTI/ STI,
Propogate safe and healthy
sexual practices

10 Week

Tuberculosis Control
Programme

Lecture, clinical demonstration
& field demonstration

Motivate patients for regular
treatment and follow up,
refer suspected cases and
contacts for diagnosis

11 Week

Leprosy Eradication
Programme

Lecture, clinical 4 field
demonstration & role play

Motivate patients for regular
treatment and follow up,
refer suspected cases and
contacts for diagnosis

12 Week

Blindness Control Programme

Lecture, field and clinical
demonstration

Identify cataract cases and
motivate and refer them for
surgery

Week

Unit-III Examination

9

Month IV

Unit-IV

Teaching Mode

Learning Objectives

13 Week

Epidemiology of diseases,
sanitation, personal hygiene,
environmental sanitation

Lecture, clinical & field
demonstration, field visit and
practical training

Knowledge about prevention
of communicable diseases

14 Week

Water borne diseases
diarrhoea, dysentery, typhoid,
jaundice

Lecture, clinical and field
demonstration, practical
training & role play

Knowledge about household
treatment of diarrhoea,
recognise signs of
dehydration for timely
referral

15 Week

Outbreak investigation and
control measures, treatment of
drinking water sources

Lecture, clinical 4 field
demonstration & role play

Prompt reporting of cases in
outbreaks, initiate control
measures

16 Week

Malaria, slide preparation,
presumptive and radical
treatment of cases

Lecture, field and clinical
demonstration

Making of blood slides in
fever cases & distribution of
Chloroquin tablets

Week

Topic '

Unit-IV Examination

10

Unit-V

Month V

Week

Topic

Teaching Mode

Learning Objectives

17 Week

Fevers

Lecture, clinical k field
demonstration, field visit and
practical training

Knowledge about treatment of
fevers and prevention

18 Week

Treatment cf Miner Ailments

Lecture, clinical and field
demonstration, practical
training

Knowledge about management
of cases and household
treatment

19 Week

Identification and ieferral of
Serious Cases

Lecture, clinical t field
demonstration

Recognise serious cases and
refer to PHC & follow up

23 Wee».

Counsellor and Communication
Skills

Lecture, field demczstration
and role play

Motivate the community for
FP methods, registration of
vital events, healthy nutritive
and sanitary practices etc.

Unit-V Examination

11

Month VI

Week

Unit-VI

Teaching Mode

Topic

. earning Objectives

21 Week

First Aid, Dressings

Lecture, clinical demonstration
and practical training

K nov? edge about first aid

22 Week

Emergencies, accidents,
drowning, snake bite

Lecture, clinical
demonstration, practical
tr«iining & role play

Knov.'edge about treatment of
minor accidents

23 Week

Registration of Vital Events

Lecture, clinical & field
demonstration & practical
training

Recon all vital events in the
villas

24 Week

Other Hee’.th ProgrammesAyushmati, Vatsalya Yojana

Lecture, field demonstration

Motivate the community for
Instmrional deliveries

Unit-VI Examination

25 & 26 Week

Preparation for Final Examination

12

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