Chapter III CONSTITUTION OF PANCHAYATS AT DIFFERENT LEVELS

headquarter of Panchayat. - (1) The Government shall, by notification in the Gazette, constitute with effect from such date as may be specified in the notification: - (a)a village panchayat for each village or for group of villages. (b)a block panchayat at intermediate level; and (c)a district panchayat for each district panchayat area and specify the names and headquarters of such panchayats. (2)The Government may, at the request of the panchayat concerned, or after consultation with the panchayat and after previous publication of the proposal by notification, - (a)increase the area of any village panchayat by including within such panchayat area any village or group of villages; (b)diminish the area of any village panchayat by excluding from such panchayat area any village or group of villages; (c)alter the headquarters of a panchayat at any level; or (d)alter the name of a panchayat at any level; Provided that any alteration extending or reducing the area of a village panchayat under clause

1. (a) or clause (b) shall not be brought into force before the expiry of the term of the existing committee of that panchayat. (3)The Government may after consultation with the panchayat, pass such orders as they deem fit as in the disposal of any part of the property vested in a village panchayat which has ceased to exercise jurisdiction over any village or group of villages and the discharge of the liabilities of the village panchayat relating to such property or arising from such village including all matters concerned there with or incidental thereto. (4)Incorporation and administration of panchayats. - (1) Every panchayat shall be a body corporate by the name of the panchayat specified in the notification issued under section 4, shall have perpetual succession and a common seal and shall, subject to any restriction or qualification imposed by or under this Act or any other law, be vested with the capacity of suing or being issued in its corporate name; of acquiring, holding and transferring property, movable or immovable, of entering into contracts and of doing all things necessary, proper or expedient for the purpose for which it is constituted. (5)A district panchayat, a block panchayat and a village panchayat shall exercise such powers, perform such functions and duties and shall have such responsibilities and authorities as are provided by or under this Act or any other law for the time being in force.

(1) The total number of seats in a village panchayat, a block panchayat and a district panchayat to be filled by direct election shall be notified by the Government in accordance with the scale specified in sub-section (3) with reference to the population of the territorial area of the panchayat concerned. (2) The Government may after publication of the relevant figures of each census by notification alter the total number of seats in a Panchayat notified under sub-section (1) subject to the scale specified in sub-section (3). 6[(3) The number of seats to be notified under sub-section (1) or under sub-section (2) shall not; - (a)in the case of Village Panchayat, be less than twelve or more than twenty-two; (b)in the case of a Block Panchayat, be less than twelve or more than twenty two; (c)in the case of a District Panchayat, be less than sixteen or more than thirty two; Provided that the ratio between the Population of the Territorial area of a Panchayat 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.] (6)The procedure for fixing the strength of a Panchayat shall be such as may be prescribed.

Government in accordance with the scale specified in sub-section (3) with reference to the population of the territorial area of the panchayat concerned.

1. (2) The Government may after publication of the relevant figures of each census by notification alter the total number of seats in a Panchayat notified under sub-section (1) subject to the scale specified in sub-section (3). 6[(3) The number of seats to be notified under sub-section (1) or under sub-section (2) shall not; - (a)in the case of Village Panchayat, be less than twelve or more than twenty-two; (b)in the case of a Block Panchayat, be less than twelve or more than twenty two; (c)in the case of a District Panchayat, be less than sixteen or more than thirty two; Provided that the ratio between the Population of the Territorial area of a Panchayat 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.] (6)The procedure for fixing the strength of a Panchayat shall be such as may be prescribed.

(1) Every Village Panchayat shall consist of elected members equal to the number of seats notified under sub-section (1) of section 6. (2) All the seats in a Village Panchayat shall be filled by persons chosen by direct election in accordance with the provisions of this Act. (2)In every Village Panchayat, seats shall be reserved for the Scheduled Castes and Scheduled Tribes. (3)The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear, as early as may be, the same proportion to the total number of seats in that Panchayat as the population of the Scheduled Castes in that Panchayat area or, as the case may be, of the Scheduled Tribes in that Panchayat area bears to the total Population of the Panchayat area, and such seats shall be allotted to the [State Election Commission] or an Officer authorised by it **under sub-section (1B) of section 10 by rotation to different constituencies in that Panchayat area; Provided that where the Population of the Scheduled Castes or the Scheduled Tribes in a Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one seat shall be reserved in that Panchayat, for the Scheduled Castes or the Scheduled Tribes having higher population. (4)One-third of the total number of seats reserved under sub-section (4) shall be reserved by the Government for women belonging to the Scheduled castes or the Scheduled Tribes as the case may be: 6 7 Substituted by Second Amendmet Act 5 of 2005 Substituted by Act 13 of 1999. ^Substituted by Act 3 of 2005 Provided that if the number of seats reserved for Scheduled Castes or, as the case may be, the Scheduled Tribes, under sub-section (4) is one, that seat shall not be reserved for women, belonging to Scheduled Castes or Scheduled Tribes, as the case may be (5)One-third [including the seats reserved under sub-section (5)] of the total number of seats in a Village Panchayat shall be reserved by the Government for women and such seats shall be allotted by the State Election Commission or the Officer authorised by it ** under sub-section (1B) of section 10 by rotation to different constituencies in the Village Panchayat area. (6)Nothing contained in sub-sections (3) to (6) shall be deemed so prevent members of the Scheduled Castes or the Scheduled Tribes or the women from standing for election to the non- reserved seats in a Village Panchayat. (7)A Village Panchayat shall have a President and a Vice President elected by the members of the village Panchayat from among themselves.

1. (2) All the seats in a Village Panchayat shall be filled by persons chosen by direct election in accordance with the provisions of this Act. (2)In every Village Panchayat, seats shall be reserved for the Scheduled Castes and Scheduled Tribes. (3)The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear, as early as may be, the same proportion to the total number of seats in that Panchayat as the population of the Scheduled Castes in that Panchayat area or, as the case may be, of the Scheduled Tribes in that Panchayat area bears to the total Population of the Panchayat area, and such seats shall be allotted to the [State Election Commission] or an Officer authorised by it **under sub-section (1B) of section 10 by rotation to different constituencies in that Panchayat area; Provided that where the Population of the Scheduled Castes or the Scheduled Tribes in a Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one seat shall be reserved in that Panchayat, for the Scheduled Castes or the Scheduled Tribes having higher population. (4)One-third of the total number of seats reserved under sub-section (4) shall be reserved by the Government for women belonging to the Scheduled castes or the Scheduled Tribes as the case may be: 6 7

Substituted by Second Amendmet Act

5 of 2005 Substituted by Act 13 of 1999. ^Substituted by Act 3 of 2005

Provided that if the number of seats reserved for Scheduled Castes or, as the case may be, the Scheduled Tribes, under sub-section (4) is one, that seat shall not be reserved for women, belonging to Scheduled Castes or Scheduled Tribes, as the case may be (5)One-third [including the seats reserved under sub-section (5)] of the total number of seats in a Village Panchayat shall be reserved by the Government for women and such seats shall be allotted by the State Election Commission or the Officer authorised by it ** under sub-section (1B) of section 10 by rotation to different constituencies in the Village Panchayat area. (6)Nothing contained in sub-sections (3) to (6) shall be deemed so prevent members of the Scheduled Castes or the Scheduled Tribes or the women from standing for election to the non- reserved seats in a Village Panchayat. (7)A Village Panchayat shall have a President and a Vice President elected by the members of the village Panchayat from among themselves.

(a)elected members equal to the number of seats notified under sub-section (1) of section 6: (b)the Presidents of the Village Panchayats in the territorial area of the Block Panchayat; and

8[(c)......................] (2)All the seats in a Block Panchayat notified under sub-section (1) of section 6 shall be filled by persons chosen by direct election in accordance with the provisions of this Act. (3)In every Block Panchayat, stipulated seats shall be reserved for the Scheduled Castes and the Scheduled Tribes. (4)The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear as nearly as may be, the same proposition to the total number of seats in that Block Panchayat i.e., the population of the Scheduled Castes in that Block Panchayat area or, as the case may be, of the Scheduled Tribes in that Block Panchayat area bears to the total population of that Block Panchayat area and such seats shall be allotted by 8 9 [the State Election Commission] or the Officer authorised by it **under sub- section (1B) of section 10 by rotation to different constituencies in that block panchayat area. Provided that where the population of the Scheduled Castes or Scheduled Tribes in block panchayat area is not sufficient enough for reservation of any seat, one seat shall be reserved in that block panchayat, for the Scheduled Castes of the Scheduled Tribes having higher population. Omitted by Act 7 of 1995. S

(5)One-third of the total number of seats reserved under such section (4) shall be reserved by the Government for women belonging to the Scheduled Castes or the Scheduled Tribes as the case may be: Provided that the number of seats reserved for Scheduled Castes or as the case may be, the Scheduled Tribes under sub-section (4) is one, that seat need not be reserved for women belonging to Scheduled Castes or as the case may be, Scheduled Tribes. (6)One-third [including the seats reserved under sub-section (5) of the total number of seats in a block panchayat shall be reserved by the Government for women and such seats shall be allotted by 10 11 [the State Election Commission] or the Officer authorised by it ** under sub-section (1B) of section 10 by rotation to the different constituencies in the block panchayat area. (7)Nothing contained in sub-section (3) to (6) shall be deemed to prevent members of the Scheduled Castes or the Scheduled Tribes or the women from standing for election to the non- reserved seats in a block panchayat. (8)A Block Panchayat shall have a President and a Vice President elected by the elected members of the Block Panchayat from among themselves.

(a)elected members equal to the number of seats notified under sub-section (1)of section 6; and (b)the presidents of the block panchayats in the district;

11[(c)..................................................................................... (d)...............................................................................................] (2)All the seats in a district panchayat notified under sub-section (1) of section 6 shall be filled by persons chosen by direct election in accordance with the provisions of this Act. (3)In every District panchayat, stipulated seats shall be reserved for Scheduled Castes and the Scheduled Tribes. (4)The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear, as nearly as may be, the same proportion to the total number of seats in that District Panchayat as the population of the Scheduled Castes in the District Panchayat area or, as the case may be, of the Scheduled Tribes in that District Panchayat area bears to the total population of that District Panchayat area, and such seats shall be allotted by the [State Election Commission] or the Officer authorised by it ** under sub-section(1B) section 10 by rotation to different constituencies in that District Panchayat area: Provided that where the population of the Scheduled Castes or Scheduled Tribes in a District Panchayat area is not sufficient enough for the reservation of any seat, one seat Substituted by Act 13 of 1999 Omitte

shall be reserved for Scheduled Castes or Scheduled Tribes in that Panchayat, having higher population. (5)One-third of the total number of seats reserved under sub-section (4) shall be reserved by the Government for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes: Provided that the number of seats reserved for Scheduled Caste or, as the case may be, the Scheduled Tribes under sub-section (4) is one, that seat need not be reserved for women belonging to Scheduled Castes or, as the case may be, Scheduled Tribes. (6)One-third including the seats reserved under sub-section (5) of the total number of seats in a District Panchayat shall be reserved by the Government for women and such seats shall be allotted by [the State Election Commission] or the Officer authorised by it **under sub- section(1B) of section 10 by rotation to different constituencies in the District Panchayat area. (7)Nothing contained in sub-sections (3) to (6) shall be deemed to prevent members of the Scheduled Castes or the Scheduled Tribes or the women from standing for election to the non- reserved seats in a District Panchayat. (8)A District Panchayat shall have a President and a Vice-President elected by the elected members of the District Panchayat from among themselves. ** Substituted by the Act 3 of 2005