REGISTERED No.

DL-33004/93

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 69] NEW DELHI, TUESDAY, APRIL 20,1993/CHAITRA 30,1915

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)
New Delhi, the 20th April, 1993/Chaitra 30, 1915 (Saka)
The following Act of Parliament, after having been ratified by the
Legislature of not less than one-half of the States by resolutions to
that effect, received the assent of the President on the 20th April, 1998
and is hereby published for general information: —
THE CONSTITUTION (SEVENTY-THIRD AMENDMENT)
ACT, 1992
[20th April, 1993.]
An Act further to amend the Constitution of 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 (Seventy-third Am-
endment) Act, 1992. Short
title and
(2) It shall come into force on such date as the Central Government com-
mence-
may, by notification in the Official Gazette, appoint, ment.
2. After Part VIII of the Constitution, the following Part shall be Inser-
inserted, namely:— tion
'PART IX of new
Part IX.
THE PANCHAYATS
243. In this Part, unless the context otherwise requires,-— Defini-
(a) "district" means a district in a State; tions.

(b) "Gram Sabha" means a body consisting of persons re-

gistered in the electoral rolls relating to a village comprised
within the area of Panchayat at the village level;
 '2 THBiCAZEl'irE OF INDIA EXTRAORDINARY [PART U—

(c) "intermediate level" tnefcns a level between the village

and district levels specified by the Governor of a State by
public notification to be the intermediate level for the purposes
of this Part;
(d) "Panchayat'' means an institution (by whatever name
called) dt self-government constituted under article 243B, for
the rural areas;
(e) "Panchayat area" meajis the territorial area of a Pan-
chayat;
(f) "population" means the population as ascertained at the
last preceding census of which, the relevant figures have been
published;
(g) ^village" means a village specified by the Governor by
public notification to be a village lor the purposes of this Part and
includes a group of villages sa specified, •
• - - - j . . - - - . " ' "
Cram 24SA. A Gram Sabha may eXerdafer«oeh;|«SBers and perform such
Sabha.
functions, at. the village level as the Legislature of a State may. by
law, provide. ". "
Constitu-
tion of 243B. (I) There shall.be constituted in every State, .Panchayats
Pancha- at the village, intermediate arid" dstriet levels in accordance with the
yate. provisions of this Part.

(2) Notwithstanding anything ift'etfmse. (t), Panchayatsi at the in-

termediate level may not be constituted in a State having a popu-
lation not exceeding twenty lakhs *.
Composi- 243C- (X)-Subject to the provisions of this Part, the Legislature
tion of of a State may, by law, make- .provisions with respect to the com-
Pancha-
yats. position of Pa,itchayats: "" * * '"
Provided that the ratio between the population of the territorial
area of a.Panchayat at any level and the number of seats in ajch
Panchayat to be filled by election shall, so far as practicable, be the
same throughout the State,
* "'(2)*"All lie seats in a Panehayat si&alf ^"filled by persons clfiosen
by direct election from territorial constituencies in the PMcHaySt
area and; forttiis purpejw^-:*act-Panchayat area shall be divided
into territorial constituencies- in: sweh mannw that the ratio between
the .population of each Cdnstituen^ and-the^ number of seats allot-
ted to i t shall, so far as practicably, be the same throughout .the,
Panchayat area. ,...„.„,
(3) The Legislature of a,Siate,.ma$;. by law, provide for.the re-
presentation-—
(a) ol:tfee Chairpersons pt the Panchayats at the village
level, in the Pai£enayats at feis 1tt«e*meaiate level or, in the case
of a State jiot having Fanc&sysEja at the intermediate level, in the
Panehay#t&at the district level;,
(by of the Chairijersens of the Ptuachayats at th« interme-
diate level, in th* Paachayats at the district level;
.SEC. 1] THE GAZETTE OF INDIA. EXTRAOKDINABY 3

(c) of the members of the House of tfhe People and the-

members of the Legislative Assembly of the State representing
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 States and the mem-
bers of the Legislative Council of the State, where they are
registered as electors within—
(i) a Panchayat area at the intermediate level, in Pan-
chayaf at the intermediate level;
(ti) a Panchayat area at the district level, in Pan-
chayat at the district level.
(4) Thy Chairperson of a Panchsyat 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 vote in
the meetings of the Faric'-iayaU.
(5) The Chairperson of—
(a) n Panchayat at the village level shall be 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) Seats shall be reserved for— Reserva-
tion of
(a) the Scheduled Castes; and seats.
(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 the popula-
tion of the Scheduled Castes in that Panchayat area or of the
Scheduled Tribes in that Panchayat area bears to the total popula-
tion of that area and such seats may be allotted by rotation to differ-
ent 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 belonging 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 for women and
such seats may be allotted by rotation to different constituencies in a
Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the
village or any other level shall be reserved for 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 offices of Chairpersons reserved
for the Scheduled Castes and the Scheduled Tribes in the Panchayats
 THE GAZETTC OF INDIA EXTRAORDINARY [PART H—

at each level in any State shall bgar, as nearly as may be, the 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 State bears to the total population
of the State:
Provided further that not less than one-third of the total number
of offices of Chairpersons in the Panchayats at each level shall be
reserved for women:
Provided also that the number of offices reserved under this
clause shall be allotted by rotation to different Panchayats at each
level.
(5) The reservation of soats .under clauses (1) and (2) and
the reservation &t offices of Chairpersons (other than the reservation
for women) under clause (4) shall ceasei 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 243E. (1) Every Panchayat, unless sooner dissolved under any
of Panchft- law for the time being in force, shall continue for five
yats etc.
years from the date appointed for its first meeting and no longer.
(2) No amendment of any law for the, time being in force shall
have the effect of causing dissolution of a Panchayat at any level,
which is functioning immediately before such amendment, till the
expiration of its duration specified in clause (1).
(3) An election to constitute a Panchayat shall be completed—
(a) before the expiry of its duration specified in clause (1);
(©) before the expiration of a period of six months from
the date of its dissolution:
Provj#Pdr that where the reingjiiifex.jol the period for Vhicji the
dissolved Panchayat would hay«.c#njm4ied is less than six months,
it shall not be necessary to hold any election under this dams for
constituting the f*anchayat for such period.
(4) A PaaeKayat constituted upon the dissolution of a Panchayat
before the expiration of its duration shall continue only for the
remainder ©£ the period for which the dissolved Panchayat would
have continued under clause (1) had it not been so dissolved.
Disqualifi- 243F. (IK A person shall be disqualified for being chosen as,
cations for
member- and for being, a member of a Panchayat—
ship. (a) if he is so disqualified by. or under any law for the
t i m e b e i n g i n f o r c e f o r t h e p u r p o s e s o f e l e c t i o n s t o t h e L e g i s l a -

t u r e . o f TOC • ® t a t e T f e o f e f c f e s w s f l :

provided that Tte> person shall be disqualified on the ground

that he is less than twenty-five feats of age, If he has attained
the age of twenty-one years;
(b) if-fe«f is T» $s$ifilified by or under any law made by
the Legislature Of the State.
SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(2) If any question arises as to whether a member of a Paneha-

yat has become subject to any of the disqualifications mentioned in
clause (1), the question shall be referred for the decision of such
authority and in such manner as the Legislature of a State may, by
taw, provide.
243G. Subject to the provisions of this Constitution, the Legisla- Powers,
ture of a State may, by law, endow the Panchayats with such powers authority
and res-
and authority as may be necessary to enable them to function as ponsibi-
institutions of self-government and such law may contain provisions lities of
for the devolution of powers and responsibilities upon Panchayats Pancha-
at the appropriate level, subject to such conditions as may be speci- yats,
fied therein, with respect to—
(o) the preparation of plans for economic development
and social justice;
(b) the implementation of schemes for economic develop-
ment and social justice as may be entrusted to them including
those in relation to the matters listed in the Eleventh Schedule,
Powers to
243H. The Legislature of a State may, by law,— impose
(a) authorise a Panchayat to levy, collect and appropriate taxes by,
and
such taxes, duties, tolls and fees in accordance with such pro- Funds of,
cedure and subject to such limits; the Pan-
chayat*.
(b) assign to a Panchayat such taxes, duties, tolls and fees
levied and collected by the State Government for such purposes
and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats
from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all
moneys received, respectively, by or on behalf of the Panchayats
and also for the withdrawal of such moneys therefrom,
as may be specified in the law.
243*1. (1) The Governor of a State shall, as soon as may be Consti-
within one year from the commeneemejnt of the Constitution tution of
(Seventy-third Amendment) Act, 1992( and thereafter at the ex- Finance
piration of every fifth year, constitute a Finance Commission to Commis-
sion to
review the financial position of the Panchayats and to make re- review
commendations to the Governor as to— financial
position.
(a) the principles which should govern—
(i) the distribution between the State and the Pan-
chayats of the net proceeds of the taxes, duties, tolls and
fees leviable by the State, which may be divided between
them under this Part and the allocation between the Pan-
chayats at all levels of their respective shares of such
proceeds;
(ii) the determination of the taxes, duties, tolls and fees
which may be assigned to, or appropriated by, the Pancha-
yats;
 6 ^ : - THE GAZETTE OF INPIA JBJCTRAORQINARY [£ASJ$.—

T.(iii) the grantS"iU-ai<L to the, Panchayats from the Con-

solidated Fund of,the State;
(fc). the pleasures needed to improve the financial position of
the Panchayats;
_ , CO-.any other, matter ..referred ,to the Finance Commission
"by*"'the Governor in the interests of sound finance" of the Pan-
chayats. ,
(2) The legislature of "a State may, by law, provide fpr the
composition of the Cemmrs8io&, the qualifications which shall be
requisite-ior appointment as-members thereof and the manner in
which they shall be selected. "- • <•
, ^3). -Tlie'-Gommissitiii shall determine their procedure and shall
have such powers in the performance of their functions as the
Legislature oj! the State may, by law, confer on them. ,
(4)-'The'Governor sh*H tms&mety recommendation ,made by
- the Coiamission .un<ier-.-tWSt«E|J^- together with an-explanatory
memorandum as to the ackion-^taken thereon <to be laid before the
Legislature~«£ tlie State. -
- • : 243J."The Legis'afiif-e Of a State may,, by law, naake provisions
"with respect 4o the .-maintenance of accounts by" ttte'Paifchayats and
the auditing of such accounts.

Audit -" 243K." (I)The sugeriffiten^ejftcej..direction and control of the pre-

of ac- paration of electoral rolls foilr, and the conduct of, all elections to the
counts Panehayats shall be;vested in a.State Election Commission consisting
of Pan-
chayats. of a State Election Commissioner to bft^pqinted by the Governor.

Elections (2) Subject tcTthe provisions of any law made by the Legislature
to the of a'State, the conditions of service and tenure of office of the State
Panchayat*.
Elect-km CommissioJier shall be such as the Governor may by rule
deteimine;
Provided that the State.. Section Commissioner shall not be re-
moved-from his^office except in like manner and on the like grounds
as a Judge* of. a High Court, and the conditions of service of the State
Election Corhmj^io^er, shall ,ris>t be varied to his disadvantage after
bis .appoiiiiment,
'" V * -
(3) The Governor "of a State shall, when so requested by the
State Election. C o m p i ^ o ^ isnake available to th e State Election
Commission such staff as maey be necessary for the discharge of the
functions conferred on ;tl*e State Election Commission by clause (1)-
(i) Subjeetto the profvMcfflS of this Constitution, the Legislature
:o£ a State rnay,.J>y Lawt-m^lie,1wovisiQn wih respect to aU matters re-
iattog to, of in eonaection-wifli, elections to the Panchayats.
243L. The provisions of this P^rt shall apply to the Union
AppU- tertrH6jrie% "aad-shaR, tn'4help application to a Union territory, have
cation to
Union effect 1M -If 1*#iW6»«BMs-'*o.-«i» 3G0*exnor; of a ,StaV were refer-
terri- ences to th* Administrator of the Union territory appointed under
•ori«
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

article 239 and references to the Legislature or the Legislative

Assembly of a State were references, in relation to a Union territory
having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct
that the provisions of this Part shall apply to any Union terri-
tory or part thereof subject to such exceptions and modifications
as he may specify in the notification.
2433VL (1) Nothing in this Part shall apply to the Scheduled Part
Areas referred to in clause (1). and the tribal areas referred to in not to
apply to
clause (2), oX article 244. certain
areas.
(2) Nothing in this Part shall apply to—
(a) the States of Nagaland, Meghalaya and Mizoram;
(b)the hill areas in -the State of Maaipur for which Distiict
Councils exist under any law for the time being in force.
(3) Nothing in this Part^-
(o) relating to Panchayats at the district level shall apply
to the hill areas of the District of Darjeeling in the State of
West Bengal for which Darjeeling Gorkha Hill Council exists
under any law for the time being in force;
(b) shall be construed to affect the functions and powers
of the Darjeeling Gorkha Hill Council constituted under such
law. ' ,
(4) Notwithstanding anything in this Constitution,—
(a) the Legislature of a State referred to in sub-clause (a)
of clause (2) may, by law, extend this Part to that Sta'.a, except
the areas, if any, referred to in clause (1), if the Legislative
Assembly of that State passes a resolution to that effect by a
majority of the total membership of that House and by a majo-
rity of not less than two-thirds of the members of that House
present and voting;
(b) Parliament 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 such law, and no such law shall be deemed to be
an amendment of this Constitution for the purposes of article
368.
243N. Notwithstanding anything in this Part, any provision of Continu-
any law relating to Panchayats in force in a State immediately be- ance of
existing
fore the commencement of the Constitution (Seventy-third Am- laws and
endment) Act, 1992, which is inconsistent with the provisions of this Pancha-
Part, shall continue to be in force until amended or repealed by a •'ats.
competent Legislature or other competent authority or until the
expiration of one year from such commencement, whichever is ear-
lier:

Provided that all the Panchayats existing immediately before

duch commencement shall continue till the expiration of their dura-
tion, unless sooner dissolved by a resolution passed to that effect by
 8 THE GAZETTE OF INDIA EXTRAORDINARY [F«HT ff—

the Legislative Assembly of that State or, in th© case of a State

havinea Legislative Council,. Jby each House of the Legislature of
that State.

Bar to 24S-O. Notwithstanding anything in this Constitu&oa,—

inter-
ference (a) the validity of any law relating to the delimitation of
by constituencies or the allotment of seats to such constituencies,
courts in made or purporting to be made under article 243K, shall not be
electoral called in question in any court;
mattertL
(b) no election to any Panchayat shall be called in question
except by an election petition presented to such authority and $»
s-jch manner as is provided for by or under any law made by
*be Legislature of a State.'.
Amend- 3. In clause (3) of article 280 of the Constitution, after sub-clause
ment of (b), the -following sub-elause shall be inserted, namely:—
article 280.
"(bb) the measures needed t».a«gmen,t the Consolidated Fund
of a State to supplement the resources -of the Panebayats in the
Statft on the basis of the recommendations' made by the Finance Com-
mission trf the Sta.te$?V : -
Addition 4. After the Tenth Schedxtte to the Constitution, the following
of
Bteveath Schedule shall be added, iiameiyt—
Schedule.

"BUEVENTB SCHEDULE
" (Article 243G)
1. Agriculture, including agricultural extension.

2. Land improvement, implementation of land reforms, land con*

tolidation and soil conservation.
3. Minor irrigation, water management and watershed develop,
ment.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries, including food processing industries,
9. Khadi, village and cottage industries.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts, bridges, ferries, waterways and other means
nf communication.
14 BwaL electrification, including distribution of electricity.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

15. Non-conventional energy sources,

16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities.
22. Markets 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.
27. Welfare of the weaker sections, and in particular, of the
Scheduled Castes and the Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets.".

K. L. MOHANPURIA,
Secy, to the Govt. of India.

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 REGD. NO. D.L.-33004/93

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-Section (ii)

PUBLISHED BY AUTHORITY

No. 243] NEW DELHI. SATURDAY, APRIL 24,1993/VAlSAKHA 4, 1915

Separate Paging is gives to this Part in older that it may be field as a

separate compilation

966 GI/93 (1)

 2 THE GA/ETTE Ol 1NDI\ EXTR \ORDINARV |PART IL-SEC 3 (U)]

MINISTRY OF RURAL DEVELOPMENT

NOTIFICATION
New Delhi, the 24th April- 1993
S.O. 267(E).—In exercise of the powers conferred by sub-section (2)
of section 1 of the Constitution (Seventy third Amendment) Act, 1992, ihe
Central Government hereby appoints the 24th day of April, 1993, as the date
on which the said Act shall come into force.
[Ncj. N-12011UI93-PR]
S. S. MEENAKSHISUNDARAM, Jt. Secy.

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