SYBA-Sem-IV-Paper-III-Subject-–-Rural-Development-munotes

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LAW RELATED TO PANCHAYAT RAJ IN
MAHARASHTRA - I
Unit Structure
1.1 Objectives
1.2 Introduction
1.3 Histori cal Background of Panchayat Raj
1.4 Historic al Background of Gram Panchayat
1.5 Mumbai Gram Panchayat Act, 1958
1.6 Summary
1.7. Keywords
1.8. Exercises
1.9. References
1.1 OBJECTIVES
 To study the historical background of Panchayat Raj system
 To study Provisions regarding Gram Panchayat administration in
Gram Panchayat Act, 1958
 To understand the important elements of this Act.
1.2 INTRODUCTION
From ancient times the cohesive rural society and the system that controls
it has existed in the rural areas. India was ruled by the British for 150
years. India finally became independent on August 15, 1947 and the
democratic system started in the country .
The country was governed by elected representatives. However, as all
power is concentrated at the central and state level, the rulers noticed that
there were huge obstacles in the development of the people of the country.
How to overcome this obstacle and involve the general public in the
development process? For this, the government appointed various central
and state level committees and called for their reports. First of all,
democratic decentralization was preferred by almost all the commit tees, so
the government started the experiment of Panchayat Raj by giving priority
to democratic decentralization. Today, almost all the states in India have
adopted Panchayat Raj. munotes.in

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2 In the 21st century, the Panchayat Raj system has gained an important
place in terms of democratic decentralization and increasing public
participation. The Gram Panchayat is the lowest level in the Panchayat Raj
system and is also the foundation of the Panchayat Raj system. With this
in mind, Gram Panchayats have an important place in the Panchayat Raj
system. Mahatma Gandhi was aware of the philosophy that India was
created from villages and the development of villages is the development
of the country. So Mahatma Gandhi gave the slogan 'People go back to
village s'.
In the Indian democratic system, Panchayat Raj institutions are
undergoing significant changes over time. This is a positive thinking of the
democratic system and this thinking has accelerated the process of rural
development in the 21st century. The provisions of the PanchayatRaj
system in Maharashtra are mentioned in the Mumbai Gram Panchayat Act
of 1958 and the Maharashtra State ZillaParishad and PanchayatSamiti Act
of 1961.
From this point of view, it will be important to study both these laws for
rural development. Also, the 73rd Amendment Bill was passed in 1992 to
make Panchayat Raj for the people. According to the bill, both the above
laws have been amended. Due to the 73rd Amendment, radical changes
have taken place in the Panchayat Raj. Al l the above reviews have been
taken in this case.
1.3. HISTORICAL BACKGROUND OF PANCHAYAT
RAJ
The post -independence state of Mumbai was reorganized on October 17,
1956 as a bilingual state. It includes Gujarati speaking communities like
Kutch, Saurashtra, Mumbai, Konkan, Western and North Maharashtra as
well as Marathi speaking Marathwada region of Hyderabad state and
Vidarbha or Vahada region of Madhya Pradesh. The Kannada -speaking
regions of Belgaum, Bijapur, Kanda and Dharwad were separated and
annexed to the state of Mysore (Karnataka). The agitation started for the
formation of a United Maharashtra with Mumbai and for the formation of
Gujarat.
The then Chief Minister of the bilingual state of Mumbai,
YashwantraoChavan, convinced the Central Government of its role in
creating a united Maharashtra. As a result, on May 1, 1960, the state of
Maharashtra was established for Marathi speakers.
Prior to the formation of the State of Maharashtra, efforts were made to
bring about social development in India through democratic principles and
economic planning. The National Planning Board clarified the principles
of social development in the f irst Five Year Plan. Social development is a
process or a public welfare program that helps people to develop on their
own strength and means; a process that primarily changes the norms and
traditional way of life of rural society. The Social Development P rogram
and the National Extension Services Project were launched by the Central munotes.in

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Law Related to Panchayat
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3 Government on October 2, 1952 in India to achieve social development.
The previous objective was to involve and encourage the general public in
development work. For this, ad h oc committees were set up at taluka,
district and state level. Initially these programs were a success. Later, due
to the failure of both these important programs, a committee was
appointed on January 16, 1957 under the chairmanship of Balwantrai
Mehta. In this committee, Shri Thakur Fulsing, B. G. Rao and D. P. Singh
were members. The committee submitted its report on November 24,
1957. The committee said in its report that "the needs and aspirations of
the local department should be met by the local peopl e who are passionate
about the program and they should oversee the work. We will not be able
to awaken local aspirations and entrepreneurship in the field of
development work, unless we provide adequate financial support and
authority to this organization by funding or creating the right
representative body to achieve these things.” For this, the Balwantrai
Mehta Committee suggested to the Central Government that there should
be a three -tier structure of Gram Panchayat, Development Group and
ZillaParishad. The recommendations of the Balwantrai Mehta Committee
were accepted by the Central Government and approved in the Standing
Committee of the National Development Council. In this way, the new
term 'Panchayat Raj' was adopted to popularize democratic
decentr alization. Rajasthan was the first state to start experimenting with
Panchayat Raj system. The first Prime Minister of India, the late Pt.
Jawaharlal Nehru, on the auspicious occasion of Mahatma Gandhi’s
birthday on 2nd October, 1959 started Panchayat Raj at Nagaur in
Rajasthan.
As per the recommendation of Balwantrai Mehta Committee, for
democratic decentralization and Panchayat Raj formation in the State of
Maharashtra, a committee was appointed under the chairmanship of the
then Revenue Min ister Shri.VasantraoNaik on June 27, 1960. Rural
Development Minister (ShriBhagwantraoGathe), Education Minister
(Daulatrao Desai), Finance Secretary (Shri. MadhukarraoYardi),
Secretary, Department of Co -operation and Rural Development (Mr.
DinkarraoSathe) , Deputy Development Commissioner (Mr. P.G. Salvi),
etc. were the members present in the committee. The committee submitted
a report with a total of 296 recommendations on 15th March 1961. In this
report, the committee presented its basic recommendations a nd formulated
the three -tier structure of Panchayat Raj. These include Gram Panchayat at
village level, PanchayatSamiti at taluka level and ZillaParishad at district
level. The VasantraoNaik Committee recommendations were approved by
both the Houses of the Legislature of Maharashtra on September 8, 1961,
with some minor changes. Its implementation started on 1st May 1962, the
second anniversary of the State of Maharashtra and the State of
Maharashtra was established. By 15th August 1962, ZillaParishad and
PanchayatSamiti elections were completed and the Panchayat Raj system
was functioning in Maharashtra. According to the Mumbai Gram
Panchayat Act, 1958, Gram Panchayats were already established earlier. munotes.in

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1.4. HISTORICAL BACKGROUNDOF GRAM
PANCHAYAT
From the Vedic period, the village administration function 'Gram Sabha'
was held in a democratic manner. In the Gram Sabha, the chiefs used to
come together and take decisions regarding the village. The head of the
village was called 'Gramini'. In the Gram Sabha, the chiefs used to come
together and take decisions regarding the village. The Gram Panchayat is
mentioned in Ramayana -Mahabharata, SmritiGranth, Buddhist Jatak
Katha, Ancient Inscriptions, KautilyaArthashastra. During the Maurya
Empire, Gram Panch ayats were developed in Yadav -era Maharashtra and
controlled the lives of the people of that village. In other words, it is clear
that Gram Panchayats in India have a very old history. The Gram
Panchayat has been an India -wide institution since ancient tim es. Indian
self-sufficient villages depended on this. During the last period of the
Mughal Empire and during the rule of the British East India Company in
India, the functions and powers of the Gram Panchayats were reduced and
weakened.
In 1832, Sir Charle s Merkolf said of the Gram Panchayat and the village,
"The rural community was a small republic. They had all the necessities
they needed. They were independent of any foreign relations. One dynasty
after another came to power, one revolution followed anot her, but the rural
community survived."
In 1871, Sir Henry Maine, the British administrator of India, also stated
that "Indian villages had organized and empowered bodies working to
maintain civil order, settle disputes and protect the people. The rural
police system also existed." In short, the Gram Panchayat (Gram Sabha),
the oldest body in the world controlling the economic and political life of
the rural community, existed in India and alternatively in Maharashtra. munotes.in

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5 1.5. MUMBAI GRAM PANCHAYAT ACT, 1958.
This Act may be called the Bombay Village Panchayat Act, 1958. It
extends to the whole of the State of Maharashtra except the areas within
the limits of a municipal corporation, municipalities, or cantonment
established by or under any law for the time bei ng in force.
1.5.1. Introduction.
The Mumbai Gram Panchayat Act, 1958 was first published in English in
the Gazette of the Government of Mumbai on 23rd January 1959 with the
consent of the President of India. It was initiated in order to establish a
Gram Panchayat for each village or village group and to act as a
component of local self -government and rural development. The Gram
Panchayats in the State o f Maharashtra have been set up to provide them
with the power and authority they need to make it possible and for many
other things.
Article 40 of the Constitution of India directs the state governments to
establish Gram Panchayats and give them the necess ary powers and
authority to enable them to function as a component of Swarajya. There is
no doubt that if the powers conferred on the Gram Panchayat under the
Mumbai Gram Panchayat Act, 1958 are properly utilized and the
government financial assistance and other tax revenue received from it are
properly utilized, the villages will be improved.
The first law was enacted in 1920 to establish Gram Panchayats in the
former Mumbai province. However, the purpose of the Gram Panchayat
Act of 1920 was to give the p eople of some small areas a fair chance to
provide water supply, health, public facilities and other useful things in
such areas so that they could look after the local self -government. The
Mumbai Government enacted the Mumbai Gram Panchayat Act, 1933
with the objective of further enhancing the powers of the Gram Panchayat.
The law gives Gram Panchayats the right to impose taxes, the right to vote
for women and some rights related to civil and criminal laws. The
Mumbai Gram Panchayat Act, 1958 was passed to give more power and
authority to the Gram Panchayats. The Mumbai Gram Panchayat Act,
1958 has been passed by amending the rules relating to the composition
and administration of Gram Panchayats in the State of Mumbai. From
Section No. 1 to Section 188, si nce the establishment of Gram Panchayat,
information about its structure and function has been given. All those
clauses can be summarized as follows.
1.5.2. Preliminary Provisions.
● Section 1 – Section 1 explains about the short title of the Act. This Act
may be called the Mumbai Gram Panchayat Act, 1958.
● Section 2 - Pursuant to Section 2, the scope and commencement of the
Mumbai Gram Panchayat Act, 1958 is applicable to the entire State of
Maha rashtra except for the area within the boundaries of the
Corporation, Municipality or Camp established under it. munotes.in

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6 ● Section 3 - Under Section 3, the Mumbai Gram Panchayat Act 1958
has been explained.
1.5.3. Establishment and composition of gram sabha, panch ayats.
● Section 4 – Declaring a village under Section 4, to divide / consolidate
the Gram Panchayats or to establish an independent Gram Panchayat
for that particular local area. Similarly, there are provisions regarding
village inquiry system, Gram Panchay ats etc. under the previous law.
● Section 5 - Section 5 provides for the establishment of a Gram
Panchayat in each village. According to Article 40 of the Constitution
of India, the state government has to establish Gram Panchayats.
● Section 6 - Section 6 ha s been omitted from the Mumbai Gram
Panchayat Act, 1958.
● Section 7 - Under Section 7, provision has been made for Gram Sabha
meetings. The Gram Panchayats will meet six times a year and if the
Sarpanch, Deputy Sarpanch or members make any mistake in
conve ning such a meeting and are found guilty at first sight, action
will be taken under this section. There are also provisions regarding
disqualification action against the Sarpanch, additional meeting,
chairman of the meeting, meeting of the gram sabha, noti ce of the
meeting, his rights and duties, etc.
● Section 8 - Pursuant to Section 8, sub -clauses are given in respect of
Panchayat Accounts, Duties of Gram Sabha, Meeting at the beginning
of the year, Proceedings of the meeting, Record of Gram Sabha,
Report o f the previous year, etc.
● Section 8A - The rights and duties of the Gram Sabha are included
(each Gram Sabha) and changes of the year 2003 were included under
Section 3 of the Maharashtra Act No.3.
● Section 9 - Panchayats have been established under this se ction.
Provisions have been made regarding corporate bodies, names of
Panchayats, currency, property acquisition rights, claims in the name
of Panchayats, etc.
● Section 10 - The composition of the Gram Panchayat under Section 10
shall be minimum 07 and maximum 17 members as prescribed by the
State Government. Also, provisions have been made regarding the
reserved seats, Scheduled Castes, Scheduled Tribes, Backward
Classes, Women Members Reserved seats, Term, departments and
members.
● Section 10 -1A – It provides for submission of Caste Certificate and
Validity Certificate (Exchange of Certificate of Certificate and its
Verification) by a person contesting election for a reserv ed seat. munotes.in

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7 ● Section 10 -A - This section contains provisions relating to the conduct
of Gram Panchayat elections, preparation of voter lists, as well as
additional powers of the State Election Commissioner, etc.
● Section 11 - Pursuant to Section 11 of Mumbai Gr am Panchayat Act
1958, it provides for the filling up of vacancies by the Election and
State Election Commission, election dates, election procedures and
rules.
● Section 12 - Under section 12, the list of voters will be prepared, there
are provisions in thi s regard.
● Section 13 - This section provides for the right to vote and to be
elected, the eligibility of the voter, the eligibility of the candidate. If a
person is elected to more than one seat in the Gram Panchayat, all the
seats will become vacant if he does not resign from all the seats except
one by a written notice signed by him and sent to the State Election
Commission within the prescribed period.
● Section 14 – This section provides for the type of person who will not
be a member of the Panchayat or will not be eligible to be a member.
Ex: criminal, maniac, ZillaParishad or PanchayatSamiti members,
foreign nationals, having more than two children, tax collectors, etc.
o Any person with disqualification arising o ut of various convictions and
corruption under section 14A of the Act
o Any person disqualified by the State Election Commission under
Section 14B.
● Section 15 (Determination of validity of elections) - provides for the
ruling on the validity of any election by a candidate or any person
eligible to vote in the election of a member of the Panchayat and the
procedure for conducting a judicial inquiry into the validity of the
election.
● Section 15A provides for prohibition of courts from interfering in
election ma tters.
● Section 16 - This section provides for inability to continue as a
member.
● Section 17 - Excluded (Section 11 of Maharashtra Act No. 36 of 1965)
● Section 18 - Section 18 prohibits campaigning in or near the polling
station.
● Section 19 – In this there i s provision for punishment for misconduct
at or near the polling station.
● Section 20 - Punishable for misconduct at the polling station.
● Section 21 - provides for the secrecy of voting. munotes.in

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8 ● Section 22 - This section provides that election officials, etc., shal l not
work for the candidates or shall not bear the power of voting.
● Section 23 (Breaches of official duty in connection with elections) -
Section 23 provides for breach of official duties in connection with
elections.
● Section 24 (Removal of ballot papers from polling stations to be an
offence) - Any person who fraudulently takes or attempts to take a
ballot paper from a polling station or commits any such act is a crime.
It is a crime to move a ballot paper from a polling station.
● Section 25 (Other offence s and penalties thereof) - provides for other
offenses and punishment.
● Section 26 (Prosecution in certain offences) - This section provides for
prosecution in cases of specific offenses.
● Section 27 (Term of office of members) - It contains the terms of the
members i.e. term of office of members, provision regarding by -
election.
● Section 28 (Commencement of term of office) - Under Section 28,
there is a provision as to when and how the term should start.
● Section 29 - Section 29 provides for the dispute betwee n the members
regarding resignation.
● Section 30 - Under Section 30, there are provisions regarding election
of Sarpanch, ineligibility to hold office as Sarpanch, reserved seats for
Sarpanch, reserved seats for Scheduled Castes and Scheduled Tribes,
reserv ed seats for backward classes, reserved seats for women, term of
reserved seats.
● Section 30 -1A - provides for submission of caste certificate and
validity certificate by a person contesting for the reserved post of
Sarpanch.
● Section 30 -A - Provision is made in this regard for the election of Sub -
Panchayat in the Gram Panchayat.
● Section 31 - Section 31 provides for tenure of Sarpanch and Deputy
Sarpanch.
● Section 32 - Section 32 is omitted.
● Section 33 provides for the election of Sarpanch a nd Deputy Sarpanch.
● Section 33 -A provides for the payment of hospitality allowance to the
Sarpanch.
● Section 34 provides for resignation of Sarpanch or Deputy Sarpanch. munotes.in

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9 ● Section 35 provides for no -confidence motion against the Sarpanch
and Deputy Sarpanch after giving notice to the Tehsildar not to attend
any meeting of the Panchayat at that time and not less than one -third
of the total number of members have the right to vote.
● Section 36 provides for the time and place of the meeting of the
Panchayat and the procedure of the meeting.
● Section 37 provides for modification or revocation of resolutions
passed by the Panchayat.
● Section 38 deals with the executive powers of the Panchayat and the
functions of the Sarpanch and Deputy Sarpanch.
● Section 39 provides for removal of Sarpanch or Deputy Sarpanch,
giving them an opportunity to inquire and present their case,
disqualification of election, appeal court fee.
● Section 39A - The Governmen t has the power to direct an inquiry
under this section.
● Section 40 provides for the absence of Panchayat members in absentia.
● Section 41 - Excluded.
● Section 42 provides for re -election of selected members.
● Section 43 provides for filling up of vacancies.
● Section 44 - There is provision for non -obstruction of Panchayat
function due to vacancy.
1.5.4.Administrative rights and duties.
● Section 45 - There are provisions regarding the administrative powers
and duties of the Panchayat under Section 45.
● Section 45 A - has been omitted.
● Section 46 - Provision is made in this regard for the transfer of
responsibility for carrying out or maintaining the organization or
functions of the organization.
● Section 47 - There is provision in this regard for the right of the St ate
Government to transfer the execution of other works assigned by the
State Government.
● Section 48 provides for other duties.
● Section 49 provides for Rural Development Committees.
● Section 49A contains provisions regarding Beneficiary Level Sub -
Committee.
● Section 50 provides for joint committees of two or more local bodies. munotes.in

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10 ● Section 51 - Village open space, waste plots, vacant plots, Gurucharan
plots, public roads, roads, bridges, ditches, dams, fences, wells, river
basins, ponds, streams, lakes, canals, tr ees or any other property
subject to such terms and conditions as the State Government may
deem fit can be handed over to the Panchayat.
● Section 52 provides for control over construction of buildings. Such
permission may be granted or denied with or withou t conditions.
● Section 53 - Public Roads under Section 53; there are provisions for
barriers and encroachments on open space.
● Section 54 - The owner of any land or area shall be specified by
written notice to the Panchayat from time to time. There is provision in
this regard. There is provision for numbering seats.
1.5.5. Special provisions for gram sabha and panchayat in scheduled
areas.
● Section 54 A - Pursuant to Section 54 A, there are provisions
regarding the rights and duties of the Gram Sabha in the Scheduled
Area.
● Section 54 B provides for the rights and duties of a Panchayat in a
Scheduled Area.
● Section 54 C - Under Section 54 C, pr ovisions have been made for
Gram Sabha meetings.
● Section 54 D - There is a provision to table a no -confidence motion
against the Sarpanch and Deputy Sarpanch in the Gram Sabha of the
Gram Panchayat.
1.5.6.Panchayat - its assets and funds.
● Section 55 - Unde r Section 55, the Panchayat has vested property
licenses. There is a provision for the Panchayat to give, sell or transfer
it.
● Section 56 provisions have been made under Section 56 for the
property of the Panchayat.
● Section 57 - Funds are provided for each village in the Gram
Panchayat.
● Section 57A provides for the right of the Gram Panchayat to take loans
for carrying out its functions.
● Section 58 provides for the appropriation of village funds and
property.
● Section 59 - Under section 59, there are provisi ons for adjudication of
property claims made by the Panchayat or against the Panchayat. munotes.in

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11 1.5.7. Establishment, budget and accounts.
● Section 60 provides for the Secretary of the Panchayat.
● Section 60 A provides for the specific duties of the Secretary in this
regard.
● Section 61 provides for the appointment of such servants as may be
necessary for the Gram Panchayat to discharge its duties properly.
● Section 62 - Under section 62, provision has been made for the budget
and accounts of the Gram Panchayat.
● Section 62 A provides for revised or supplementary budget.
The compositions of the Judicial Panchayat and its powers have been
omitted in Sections 63 to 89 of the Maharashtra Act No. 13 of 1975.
Also in cases, Sections 90 to 112 of the Judicial Procedure and
Sections 113 to 123 of the Enforcement have been exclude d by
Section 17 of the Maharashtra Act, Act 13, 1975
1.5.8. Taxation and recovery of claims.
● Section 124 - Under Section 124, the Panchayat has fixed minimum
and maximum rates for levying taxes and fees by the State
Government. There is a provision in this regard. It includes provisions
on building and land tax, Octroi, travel tax, entertainment tax, bicycle,
bullock -cart, horse -cart tax, business and job tax, general health tax,
water bill, etc.
● Section 125 - There are provisions regarding payment of contr ibution
in the form of lump sum by the factories in lieu of taxes levied by the
Panchayat, such as approval of a lump sum from the factory to the
Gram Panchayat resolution, recovery from the factory.
● Section 126 - Pursuant to Section 126, provision for gra nting of market
fees etc. to the market in the Gram Panchayat, weekly market by
auction or by private auction.
● Section 127 - Under section 127, there are provisions for levying cess
on every rupee of Gram Panchayat land revenue.
● Section 128 - Section 128 p rovides for the right of the
PanchayatSamiti to increase the taxes of the Gram Panchayat.
● Section 129 - Under section 129, there are provisions regarding
collection of taxes and other dues, method of tax collection, bill of tax
or fee, demand letter, movab le confiscation warrant, unproductive
factories etc.
● Section 130 provides for the power of the District Collector to issue
directions for non -recovery of non -recoverable amounts, order for
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12 1.5.9. Financial assistance to panchayats.
● Section 131 - Pursuant to Section 131, there is a provision for granting
an average of the same amount of land revenue received every five
years starting from 1st April, 1964 as a grant.
● Section 132 - Pursuant to section 132, the Maharashtra ZillaParishad
and PanchayatSamiti Act, 1961 provides for the provision of loans to
the Panchayats in the district for the purposes of this Act.
● Section 132 -A - Under Section 132A, the government has made
provision to provide various grants to the ZillaParishad. Provisi on has
been made in this regard that the Gram Panchayat should receive the
amount of revenue as per the population.
● Section 132 -B provides for a separate water supply fund for each
village called the Village Water Supply Fund.
● Section 133 - Under section 133, there are provisions regarding the
establishment of a fund called District Rural Development Fund in
each district from the contribution made by the Panchayat in respect of
Rural Development Fund.
1.5.10. Control
● Section 134 - This section has been omitted (Establishment of District
Gram PanchayatMandal).
● Section 134A - (Consequently Special Provisions of the Mumbai
Reconstruction Act, 1960) has been omitted.
● Section 135 - Under section 135, there are provisions regarding the
duties of ZillaParishads and PanchayatSamitis.
● Section 136 - Under Section 136, there are provisions for appointment
of District Gram Panchayat Officers.
● Section 137 provides for the right of the Panchayat to call for any
work etc.
● Section 138 provides for delegating duties to ZillaParishad,
PanchayatSamiti to any of its presiding officers or any other officer.
● Section 139 provides for the investigation of any immovable property
in the possession of any Gram Panchayat or as per its direction to the
ZillaPar ishad and PanchayatSamiti.
● Section 139 -A provides for the authority of the authorized officer or
person to inspect and manage any work or development plan
undertaken by the Gram Panchayat for efficient and economical
implementation or management.
● Section 1 39B provides for the powers of the Chief Executive Officer
or any other officer to inspect the offices of the Gram Panchayat. munotes.in

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13 ● Section 140 provides for scrutiny of Panchayat accounts such as audit
of accounts, importance, disclosure of Panchayat, recovery of penalty
etc.
● Section 141 provides for reduction of establishment such as reduction
of expenses on servants.
● Section 142 Under section 142, if the execution of any order or
resolution by the Panchayat is likely to cause harm to the people,
inconvenience or disturb the peace, then there is a provision to suspend
the implementation of the order.
● Section 143 - Section 143 provides for carrying out work in case of
emergency.
● Section 144 - Section 144 provides for breach of duty.
● Section 144A - To take action under section 144A in case of failure of
Panchayat to undertake or maintain drinking water supply schemes in
rural areas, this right is provided.
● Section 145 - Under section 145, if the Panchayat is encroaching or
abusing its powers or is incapable of carr ying out the duties imposed
on it by any other law or accordingly, the section provides for
dissolution of the Panchayat.
● Section 146 - Under section 146, provision has been made in this
section for dissolution of Panchayat and its reorganization after
making changes in the boundaries of the village.
● Section 147 - Provision has been made under section 147 for
dissolving the property of the reconstituted or established Panchayat.
● Section 148 - Under section 148, if any local area as a part of a village
is ex cluded from such village and the area is not included in the
village, there is provision for the effect of exclusion of the area from
the village.
● Section 149 provides for the effect of closure of an area as a village.
● Section 150 – Excluded
● Section 151 - There is a provision in Section 151 to carry out the
powers and duties of a Panchayat which have not been duly
constituted by a person appointed by the Government.
● Section 152 - This section provides for the Panchayat to comply with
any instructions whi ch may be given to it from time to time by the
ZillaParishad or the PanchayatSamiti or both in the discharge of its
duties and functions.
● Section 153 - Section 153 provides for an inquiry to be conducted by
the State Government officials in connection with the conduct of the
Panchayat. munotes.in

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14 ● Section 153A - The State Government has the power to give
instructions and directions to the Panchayats.
● Section 153B - The State Government has the power to issue
instructions and directions to the Gram Sabha or Panchayat in the
Scheduled Area.
● Section 154 - Under section 154, there is a provision for the State
Government, Commissioner and Collector Authority in general and
revenue affairs.
● Section 155 – There is a provision under Section 155 that the State
Government may request and inspect the working documents of
ZillaParishad, PanchayatSamiti, Standing Committee or any other
official to ascertain the validity or justification of any order.
1.5.11. Con cerning the transformation of the municipality into a
panchayat and the amalgamation and division of the panchayat
● Section 156 - Definition is given in this regard under Section 156.
● Section 157 - Provisions have been made regarding the effect of
conversio n of a municipality into a Panchayat.
● Section 158 - Section 158 provides for the tenure of the members of
the Interim Panchayat and their powers.
● Section 159 - Section 159 provides for the effect of consolidation of
"integrated village".
● Section 160 - Unde r section 160, provision is made regarding the
effect of division of the village.
1.5.12. KONDWADA
● Section 161 – Under Section 161, there are provisions regarding the
applicability of the Cattle Admission Act.
● Section 162 - Under Section 162, Panchayats h ave the power to set up
Kondwadas and appoint guards at Kondwadas.
● Section 163 - Punishment for allowing cattle to roam on the streets or
for allowing them to enter or encroach on private or public property.
● Section 164 - The Panchayat has the right to kee p cattle in Kondwada.
● Section 165 - Section 164 provides for the surrender of cattle, if the
owner or agent of the cattle is present and demands the cattle in
person, section 167 provides for the surrender of the cattle to the
owner on payment of fees and expenses.
● Section 166 - If any person appears as the owner of such cattle within
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15 willingness to pay the fee and expenses charged under section 167, the
cattle will be auctioned and sold immediately as prescr ibed.
● Section 167 - Provision is made to determine the fee and cost of
Kondwada to be levied.
● Section 168 - Provision is made in respect of complaints of illegal
detention or detention.
● Section 168A - Provision of collateral in case of cattle kept in
Kondw ada.
● Section 168B - Moving cattle to specified places.
1.5.13 RULES AND BYE -LAWS
● The rules and bye -laws relating to Section 176 (Rules) and Section
177 (Bye -laws) shall be as indicated in the Government Gazette.
1.5.14. MISCELLANEOUS
● Section 178 - Loss of any property of the Panchayat, other property or
money which may have been misappropriated, misused, provision
related to all this has been mentioned in this section.
● Section 179 - Any person who is in capacity as Sarpanch, Deputy
Sarpanch, Memb er, Officer, Staff or Secretary of the Panchayat leaves
or ceases to hold office for any reason, then provision is made for the
power of the District Collector to recover the records and money from
such person.
● Section 180 - Section 180 provides for giving prior notice before filing
action against Panchayat etc.
● Section 181 - Section 181 provides for giving prior notice before filing
action against ZillaParishad, Standing Committee or PanchayatSamiti
etc.
● Section 182 - Under this Section, the State Governme nt may, by
notification in the Government Gazette, authorize the Commissioner
or any other authority to exercise any of the powers which the State
Government may exercise.
● Section 183 - The Act provides for the Magistrate to call for a local
inquiry and re port from the Panchayat.
● Section 184 - This Act provides that the members of the Panchayat
shall be Public Servant.
● Section 184A - Provision is made for the PanchayatSamiti to discharge
its duties in respect of Panchayats under its jurisdiction.
● Section 1 84B - This section empowers police officers. munotes.in

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16 ● Section 185 - Mumbai Gram Panchayat Act, 1933, Saurashtra Gram
Panchayat Ordinance, 1949, Hyderabad Gram Panchayat Act, 1956,
Madhya Pradesh and WahadPanchayat Act, 1946 are being repealed
hereby.
● Section 186 - Provision is made under this Act with reference to
review additional details of Section 185 .
● Section 187 - Under this Act, the State Government has a provision to
remove any problems in the Gram Panchayat.
● Section 188 - This Act provides for amendment of various Acts.
1.6 SUMMARY
In the state of Maharashtra, in the Panchayat Raj, the Gram Panchayat has
been formed as per the Mumbai Gram Panchayat Act, 1958.
The Act contains 188 sections and nine types are included.
In the State of Maharashtra, amendments have been made from time to
time by appointing special committees in the Panchayat Raj.
The work of Panchayat Raj has continuously changed and improved by
accepting the amendments.
Especially after the 73rd Amendment Bill, there has been a general change
in the functioning of the Gram Panchayat.
1.7. KEYWORDS
PANCHAYAT 1. : A village council .
SCHEDULED
TRIBES : Parts of or groups within, State of Maharashtra
under Article 342 of theConstitution of India.
GRAM
SABHA : Body consisting of persons registered in the electoral
rolls relating to village comprised within the area of
panchayat.
SARPANCH :Elected under section 30, (30 -A), 44 or 43.
1.8 EXERCISES
Descriptive:
1) Write in detail regarding the establishment and composition of Gram
SabhaPanchayat under Mumbai Gram Panchayat Act.
2) Review the clauses regarding the administrative rights and duties in the
Mumbai Gram Panchayat Act.
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17 3) Write notes:
a. Panchayat - its pr operty law
b. Establishment of Accounts Budget
c. Taxation and recovery of claim amounts
MCQs:
i). which state first started the Panchayat Raj System in India?
a) Rajasthan b) Madhya Pradesh c) Andhra Pradesh d) Bihar
ii) Which of the following Article is related to Panchayati Raj?
(a) Article 243 (b) Article 324 (c) Article 124 (d) Article 73
iii) Which is not a Panchayati Raj Institution –
a) Gram Sabha b) Gram Panchayat c) Cooperative Society
d) Panchayat Samiti .
1.9. REFERENCES :
1) Pvt. Bang K. R. - Local Self -Government of India, Special Reference -
State of Maharashtra, SrimangeshPrakashan - Nagpur -2005 .
2) Patil B.B. - Indian Government and Politics, Phadke Publications,
Kolhapur -2006 .
3) Patil V B.. - Panchayat Raj .
4) Patil V B - Panchayat Raj and Urban Local Self Government
Institutions in Maharashtra - K.Sagar , Publications, Pune – 2006 .
5) Pawar J. E. Yadav Chandrasekhar - Administrative and financial of
Panchay at Raj Institutions Management, Yashw antraoChavan
Development Administration Academy, Pune - 07
6) Kulkarni A.N. - Local Self -Government in India, VidyaPrakashan
Nagpur – February2000 .

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18 2
LAW RELATED TO PANCHAYAT RAJ IN
MAHARASHTRA - II
Unit Structure
2.1. Objectives
2.2. Introduction
2.3. Concept
2.4. Keywords
2.5. Maharashtra State Zilha Parishad and Panchayat Samiti Act, 1961
2.6.73rd Constitutional Amendment
2.7. Summary
2.8. Exercises
2.9. References
2.1 OBJECTIVES
 To study the provisions of the Maharashtra State ZilhaParishad and
PanchayatSamiti Act - 1961 regarding the administration of
ZilhaParishads,
 To explain the important clauses in this Act.
 To study the major provisions of Sec tion 1 to Section 290 of this Act.
2.2 INTRODUCTION
Considering the problems in rural administration in the post -independence
period, the government appointed a committee under the chairmanship of
senior MP Balwantrai Mehta. The key recommendations of the committee
included the need for democratic decentralization and an independent
three -tier structure of governance in rural areas. The government accepted
the recommendations of the Balwantrai Mehta Committee.
In the context of Maharashtra, the Government a ccepted the
recommendations of the VasantraoNaik Committee and based on these
recommendations, ZilhaParishads and Panchayat Committees were
formed as per the Maharashtra ZilhaParishad and PanchayatSamiti Act,
1961. Between 1961 and 1992, the Panchayat Raj Act was amended 11
times. Earlier, Gram Panchayats were formed in Maharashtra under the
Maharashtra Mumbai Gram Panchayat Act, 1958. The Gram Panchayat,
PanchayatSamiti and ZilhaParishad are functioning in Maharashtra under munotes.in

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19 the 1958 Act and the 1961 Act. D ue to the provisions of Maharashtra
ZilhaParishad and PanchayatSamiti Act, 1961, ZilhaParishad and
PanchayatSamiti got the status of law and became stronger.
2.3. CONCEPT:
Constitutional Amendment : Modification of the constitution of a polity.
Recommendati ons:a statement about what should be done in a particular
situation.
ZillaParishad or “Parishad : means a ZillaParishad constituted under
section 9;For every District, thare shall be established a ZitlaParishad
consisting of a President and Councillors; and the ZillaParishad shall have
all such powers and discharge all such functions as are vested in it by or
under this Act, or otherwise.
2.4. KEYWORDS:
EXECUTIVE OFFICER: An officer with executive power.
STANDING COMMITTEES: Permanent and regular committee
which is constituted from time to time according to the provisions of
an Act
REGULATIONS :means regulations made under section 275;
2.5. MAHARASHTRA STATE ZILHA PARISHAD AND
PANCHAYAT SAMITI ACT, 1961:
2.5.1. Preliminary Provisions.
● Section 1 (Short title, e xtent and commencement) - This Act may be
called Maharashtra ZilhaParishad and PanchayatSamiti Act, 1961. It
is applicable to the whole of Maharashtra except Greater Mumbai.
● Section 2 (Definitions) - Section 2 defines various concepts in the
Maharashtra Zi lhaParishad and PanchayatSamiti Act, 1961.
● Section 3 (Division into administrative areas) - For the purposes of
this Act, the State of Maharashtra shall be divided into districts and
the districts shall be divided into blocks.
● Section 4 (Constitution of Di stricts) - This section provides for the
constitution of the district.
● Section 5 (Constitution of Blocks) - This section provides for the
formation of blocks in the district.
2.5.1. Constitution of ZilhaParishads.
● Section 6 (Establishment of ZilhaPar ishads) - Section 6 provides for
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20 President and the Council members. This section includes
ZilhaParishad, PanchayatSamiti and Standing Committee.
There are also provisions regarding s ubject committees, presiding
authority, chief executive officer.
● Section 7 (Parishad authorities and organization thereof) - Under
Section 7, there are provisions regarding ZilhaParishad authorities and
their organizations.
● Section 8 (Incorporation of Zilh aParishads) - Under Section 8, the law
provides for the establishment of ZilhaParishads.
● Section 9 (Constitution of ZilhaParishads) - Provision has been made
for the composition of ZilhaParishads under Section 9.
● Section 9A (State Election Commission) - Provision has been made for
the election of ZilhaParishad and PanchayatSamiti subject to the State
Election Commission.
2.5.2. Election of council members.
● Section 10 (Election and term of office of Councillors, etc.) - Section
10 provides for the election o f council members and their tenure.
● Section 10A (Manner of voting) - Section 10A provides for the
conduct of the voting process.
● Section 11 (Commencement of term of office of Councillors) - Section
11 provides for the commencement of the term of office of the
members of the Council.
● Section 12 (Division of District into electoral divisions) - Pursuant to
Section 12, the State Election Commission shall divide each district
into election divisions for the purpose of election of council members.
● Section 13 ( L ist of Voters) - Provisions have been made as per the
provisions of the Representation of the People Act, 1950.
● Section 14 (Date of election) - Section 14 provides for the date of
election.
● Section 15 (Persons qualified to be elected) - Under section 15,
provision is made for persons eligible to be elected.
● Section 15A (Vacation of seats) - If a person is elected to more than
one seat in a ZilhaParishad, then all the seats will become vacant if he
has not informed the State Election Commission or any officia l
authorized by the State Election Commission to resign from all the
seats except one with his own signature within the stipulated period.
● Section 16 (Disqualifications) - This section provides for the
disqualification of a person to be elected subject to the provisions of
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21 ● Section 17 (Right to vote) - This section provides for the right to vote.
● Section 18 (List of voters to be conclusive evidence for determining
right to vote or to be elected) - The voter list will be conclusive
evidence to d etermine the right to vote or to be elected under this
section.
2.5.3. Elections and electoral disputes.
● Section19 (Requisitioning of premises, vehicles, etc., for election
purposes) - Provisions have been made for the requisition of eco -
vehicles, etc. for election purposes.
● Section 20 (Payment of compensation) - Provision has been made for
compensation for vehicles used for election purposes.
● Section 21 (Power to obtain information) - This section provides for
the right to information.
● Section 22 (Power to entry into and inspection of premises, etc.) - This
Act gives the right to enter and inspect the premises, etc.
● Section 23 (Eviction from requisitioned premises) - This Act provides
for eviction from acquired premises.
● Section 24 (Release of premises from requisitioning) - Provision is
made for release of property from requisition.
● Section 25 (Penalty for contravention of any order regarding
requisition) - Punishment for violation of any acquisition order by a
person.
● Section 26 (Power to declare persons e lected in certain contingencies)
- In any election, after the completion of the counting of votes, if it is
found that any candidate has received the same number of votes, then
the State Election Commission shall give the right in this regard. The
officer will immediately cast the ballot and act on the candidate in
whose name the ballot is issued as if he had received more than one
vote.
● Section 27 (Determination of validity of elections; enquiry by Judge:
Procedure) - In the case of a council member, if an y candidate in such
election or any person eligible to vote in that election objects the result
within fifteen days from the date of declaration, an application for
creation of an objection may be made to the District Judge of the
District.
● Section 27A - As per Section 27C, the courts interference will be
prohibited in election matters.
● Section 28 (Disqualification arising out of conviction and corrupt
practices) - Provision has been made for disqualification of any person
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22 ● Section 28A (Promoting enmity between different classes in
connection with election) - Provision is made for legal punishment for
inciting animosity between different classes in connection with
elections.
● Section 28B (Prohibition of public meetings on da y before or on day
of election) - It is forbidden to hold a public meeting on or before the
day of election.
● Section 28C (Disturbances at election meetings) - Penalties for rioting
in election rallies.
● Section 28D (Restriction on printing of pamphlets, p osters, etc.) - No
person shall print or publish any election leaflet or poster on which the
names and addresses of the printer and publisher have not been
printed.
● Section 29 (Prohibition of canvassing in or near polling stations) - It is
forbidden to ca mpaign in or near the polling station within 100 yards
on the date of election.
● Section 30 (Penalty for disorderly conduct in or near polling stations) -
This section provides for punishment for detention of any person at or
near the polling station.
● Section 31 (Penalty for misconduct at polling stations) - There is a
provision of punishment for misconduct of any person at the polling
station.
● Section 32 (Maintenance of secrecy of voting) - Every officer, clerk,
representative or other person engaged in an y work relating to the
registration or counting of votes shall maintain the secrecy of the
ballot and shall assist in the maintenance of the ballot.
● Section 33 (Officers, etc., at elections not to act for candidates or
influence voting) - Provision is mad e by the election officials, etc., not
to act on behalf of the candidates or not to influence in the case of
voting.
● Section 33A (Penalty for illegal hiring or procuring of conveyances at
elections) - Penalty for illegally renting or obtaining vehicles at the
time of election.
● Section 34 (Breaches of official duty in connection with elections) -
Penalty is provided for violation of official duties in connection with
elections.
● Section 35 (Removal of ballot papers from polling station to be
offence) - It is an offense for a person to remove a ballot paper
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23 ● Section 36 (Other offences and penalties) – Section 36 provides for
punishment if any person commits any other offense related to the
electoral process during any elect ion.
● Section 37 (Prosecution regarding certain offences) - This Act
provides for the District Collector to file a case in respect of various
offenses.
2.5.4. Resignation, removal, casual vacancies of council members, etc.
● Section 38 (Resignation of Coun cil Members) - Provision has been
made for any elected council member to resign his office by writing
under his hand addressed to the President.
● Section 39 (Removal of Council Members for misconduct, etc.) - I f
any council member is discharging his duties , he may be removed
from office for misconduct.
● Section 40 (Disqualification of Council Members during term of
office) - This section provides for disqualification of council members
during their tenure.
● Section 41 (Casual vacancies how to be filled up) - Provision is made
to fill the vacancy that occurred on account of the death of a council
member, resignation, disqualification, or inability to work before the
expiration of his term.
2.5.5. President and vice president.
● Section 42 (Election of President a nd Vice -President) - This Act
provides for the election of President and Vice -President.
● Section 43 (Term of office of President and Vice -President) - This Act
provides for fixing the term of the President and Vice -President.
● Section 44 - Excluded
● Section 45 (Procedure for election of President and Vice -President) -
Provision has been made for the election of the President and Vice -
President.
● Section 46 (Honorarium and other facilities to President) - Provisions
are made for honorarium and other facilities to be paid to the President
under this Act.
● Section 46A (Sumptuary allowance to President) - Provision regarding
Hospitality Allowance to the President.
● Section 46B (Power to vary ceiling on sumptuary allowance) – It has
the right to change the maximum lim it on hospitality allowance.
● Section 47 (Leave of absence to President and consequential
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24 period not exceeding thirty days in a year. The President is granted
leave of absence and consequent provisions are made.
● Section 47A (Honorarium, other facilities including leave of absence
to Vice -President and consequential provisions) - Provision has been
made for honorarium to be paid to the Vice President, absentee leave
and other concessions and c onsequent provisions.
● Section 48 (Resignation of President and Vice -President) - The
President may resign in writing with his own signature by addressing
the Commissioner.
● Section 49 (Motion of no -confidence against President or Vice -
President) -
According to Section 49, the district has a two -thirds majority of the total
number of elected council members who have the right to participate
in any meeting of the ZilhaParishad and to vote at that time. There is a
provision to pass a no -confidence motion agains t the president or vice -
president at a special meeting of the council.
● Section 50 (Removal of President, or Vice -President) - This section
deals with the misconduct or harassment of the President or Vice -
President while discharging his duties or there is a provision to remove
the President or Vice -President from office without allowing the State
Government to interfere with the provisions of Section 49 for his
inability to perform his duties or for any such reason.
● Section 51 (Consequence of absence of Pres ident without leave) - I n
this regard, subject to the rules made by the State Government, the
President who absents himself from work / duty for a period exceeding
thirty days in a year without permission shall cease to be the President.
● Section 52 (Vacan cies in office of President and Vice -President to be
filled up) - Vacancies under this Act may be vacated by the President
or Vice -President on the ground of death, resignation, removal from
office or any other reason. Subject to the provisions of Sections 42 and
50, there is a provision to elect a new President or Vice -President as
convenient as possible.
● Section 53 (Penalty for refusal to hand over charge to new President or
Vice -President) - After the election of a new President or Vice -
President, a depo sed President or Vice -President shall be appointed in
his place. The Vice -President should immediately assign his duties.
Refusal to surrender is punishable.
● Section 54 (Powers and functions of President) - This Act provides for
the powers of the President and his functions.
● Section 55 (Functions of Vice -President) - This Act provides for the
functions of the Vice -President.
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25 2.5.6. Constitution of panchayat committees.
● Section 56 (Establishment of PanchayatSamitis) - Under this section,
there will be a Pan chayatSamiti for each block and all the functions
prescribed in it will be the functions of the PanchayatSamiti. To
establish PanchayatSamitis provision has been made.
● Section 57 (Constitution of PanchayatSamitis) - This Act provides for
the formation of P anchayatSamitis.
● Section 58 (Provisions regarding electoral colleges, disqualifications,
elections and election disputes) - This Act contains provisions relating
to electors, disqualified elections and election disputes.
● Section 59 (Term of office of membe rs of PanchayatSamiti) - This Act
provides for a term of five years for the members of the
PanchayatSamiti.
● Section 60 (Resignation of office as member of PanchayatSamiti) -
This Act provides for the resignation of any member of the
PanchayatSamiti by addr essing the Chairman and signing his
resignation in writing.
● Section 61 (Removal of member for misconduct) - There is a provision
to remove any member due to misconduct as a member of the
PanchayatSamiti .
● Section 62 (Disqualification of members of Panchaya tSamiti) -
Without the permission of the PanchayatSamiti, if it is absent from its
meetings for a period of three consecutive months or if it is absent
from such meetings for a period of six consecutive months, the powers
of such members become vacant.
● Section 63 (Casual vacancies how to be filled up) - This Act provides
for the occasional filling of vacancies of a member of a
PanchayatSamiti.
● Section 64 (Election of Chairman and Deputy Chairman of
PanchayatSamitis) - This section provides for the election of the
Chairperson and Deputy Chairperson of each PanchayatSamiti.
● Section 65 (Term of office of Chairman and Deputy Chairman of
PanchayatSamitis) - This section provides for the appointment of the
Chairperson and Deputy Chairperson of each PanchayatSamiti .
● Section 66 – Excluded
● Section 67 (Procedure for election of Chairman of PanchayatSamiti) -
Provision is made for the election of the Chairman of each
PanchayatSamiti.
● Section 68 (Election of Deputy Chairman) - There are provisions for
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26 ● Section 68A (Power of Commissioner to decide disputes regarding
validity of election of Chairman or Deputy Chairman) - The
Commissioner shall have the power to decide on disputes relating to
the validity of the election of the Sabhapati or Deputy Sabhapati.
● Section 69 (Honoraria and allowance to Chairman and Deputy
Chairman of PanchayatSamiti) - Subject to the provisions of Section
70, there is provision for payment of honorarium and allowance to the
Chairperson and Deputy Chairperson of the PanchayatSamiti.
● Section 70 (Leave of absence to Chairman and Deputy Chairman of
PanchayatSamiti and consequential provisions) - Provisions have been
made for granting leave of absence to Chairperson and Deputy
Chairperson of PanchayatSa miti.
● Section 71 (Resignation of Chairman and Deputy Chairman) - There
are provisions in this Act regarding the resignation of the Speaker and
Deputy Speaker.
● Section 72 (Motion of no -confidence against Chairman or Deputy
Chairman of PanchayatSamiti) - This section provides for a motion of
no-confidence against the Chairman or Deputy Chairman of the
PanchayatSamiti.
● Section 73 (Removal of Chairman or Deputy Chairman of
PanchayatSamiti for misconduct, etc.) - There is a provision to remove
the chairperson or deputy chairperson of the PanchayatSamiti from
office for misconduct, etc.
● Section 74 (Consequence of absence of Chairman or Deputy Chairman
without leave) - If the Chairperson or Deputy Chairperson of the
PanchayatSamiti is absent without permission, he will cease to be the
Chairperson or Deputy Chairperson.
● Section 75 (Casual vacancies in office of Chairman and Deputy
Chairman to be filled up) - Provision is made for filling up of vacant
posts of Chairperson or Deputy Chairperson in the PanchayatSamiti.
● Section 76 (Powers and functions of Chairman of PanchayatSamiti) -
Subject to the provisions of this Act, there are provisions regarding the
powers and functions of the Chairman of the PanchayatSamiti.
● Section 77 (Powers and functions of Deputy Chairman of
PanchayatSamitis) – Section 77 of the Act provides for the powers and
functions of the Deputy Chairman of PanchayatSamitis.
2.5.7. Committees.
● Section 78 (Appointment of Standing Committee, Subjects
Committees and other Committees) - Provision is made for the
appointment of each ZilhaParishad a Standing Committee, Subject
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27 ● Section 79 (Constitution of Standing Committee) - This Act provides
for the composition of the Standing Committee.
● Section 79A (Constitution of Water Ma nagement and Sanitation
Committee) - The Water Management and Sanitation Committee is
constituted subject to the provisions of Section 81 of the Act.
● Section 80 (Constitution of Subjects Committees) - This Act contains
provisions regarding the composition of subject committees.
● Section 81 (Election to Committees) - As per Section 81, no Council
Member shall be elected on more than one Committee (including
Standing Committee).
● Section 82 (Term of office of members of Standing Committee and
Subjects Committee s) - The term of office of the members of the
Standing Committee and Subject Committee of the ZilhaParishad shall
end with the term of office of the members of that ZilhaParishad.
● Section 82A (Resignation of members of Standing or Subjects
Committees) - Provision is made for resignation of members of
Standing Committee or Subject Committees.
● Section 82B (Casual vacancies how to be filled up) - Provision is made
on how to fill the occasional vacancy in case of vacancy due to
resignation or other reasons by a member of the Standing Committee
or Subject Committee.
● Section 83 (Chairman of Subjects Committees) - There are provisions
regarding the chairperson of the subject committees of the
ZilhaParishad.
● Section 84 (Honorarium to Chairman of Subjects Committees) - There
are provisions regarding the honorarium to be paid to the chairperson
of the subject committees.
● Section 84A (Power of State Government to vary amount of
honorarium by order) – There are rights to change the amount of
honorarium (Speaker and Deput y Speaker) by order of the State
Government.
● Section 85 (Leave of absence of Chairman of Subjects Committee and
consequential provisions) - The Chairman of the Subject Committees
shall be granted leave in absentia and as a result there shall be
provisions.
● Section 86 (Resignation of Chairman of Subjects Committee) -
Resignation of the Chairman of the Subject Committee. There is a
provision to address the Speaker / Chairman in writing with his own
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28 ● Section 87 (Motion of no -confidence against Chairm an of Subjects
Committee) - Provision is made for motion of no confidence against
the Chairman of the Subject Committee.
● Section 88 (Removal of Chairman of Subjects Committee) - Provision
is made for removal of the Chairman of the Subject Committee for
misconduct or inability to perform his duties while discharging his
duties.
● Section 89 (Consequences of absence on leave of Chairman of
Subjects Committee) - If the Chairperson of the Subject Committee is
absent for a period of more than thirty days in a year , he shall cease to
be the Speaker.
● Section 90 (Casual vacancy in office of Chairman of Subjects
Committee) - Provisions are made for the occasional vacancy of the
post of Chairperson of the Subject Committee.
● Section 91 (Powers and functions of Chairman o f Standing Committee
and of Subjects Committee) - This Act provides for the powers and
functions of the Chairperson of the Standing Committee and the
Subject Committee.
● Section 91A (Power of Government to appoint presiding authorities to
exercise powers an d perform duties during vacancies) - The
Government has the power to appoint a presiding authority to exercise
the powers (of the President or Vice -President) when there is a
vacancy.
● Section 92 (Duties, procedure, etc., of Committees to be prescribed by
regulations) - There are provisions regarding the duties, procedures,
etc. of the Committees to be prescribed by exchanges.
● Section 93 – Excluded
2.5.8. Executive officer.
● Section 94 (Appointment of Chief Executive Officer and Deputy Chief
Executive Officer ) - The State Government shall appoint one Chief
Executive Officer and one or more Deputy Chief Executive Officers
for each ZilhaParishad.
● Section 95 (Powers and functions of Chief Executive Officer) - The
Act provides for the powers and functions of the C hief Executive
Officer.
● Section 96 (Delegation of powers of Chief Executive Officer) - There
are provisions regarding delegation of powers to the Chief Executive
Officer.
● Section 96A (Appointment of Executive Officer and his powers and
functions) - Provisi on regarding appointment of Executive Officer and
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29 ● Section 97 (Appointment of Block Development Officer) - There shall
be one Block Development Officer for each PanchayatSamiti who
shall be appointed by the State Government.
● Sectio n 98 (Powers and functions of Block Development Officer) -
Provisions regarding rights and duties of Block Development Officer.
● Section 99 (Powers and functions of Head of Department of
ZilhaParishad) - This Act provides for the powers and functions of the
Head of Department of ZilhaParishad.
2.5.9. Powers and duties of zilhaparishad, panchayatsamiti and
committees.
● Section 100 (Administrative powers and duties of ZilhaParishad) -
Provisions have been made under this Act regarding the administrative
powers and duties of the ZilhaParishad.
● Section 100A – There are provisions regarding powers and duties of
ZilhaParishad in the concerned district of the Scheduled Area.
● Section 101 (PanchayatSamiti to be primarily responsible in respect of
certain subjects) - The PanchayatSamiti will be responsible first and
foremost in the matter of specific matters.
● Section 101A (Powers of PanchayatSamiti to incur expenditure from
block grant) - PanchayatSamiti will have the power to spend from
block grant.
● Section 101B - Bloc k contains provisions regarding competent powers
and duties of PanchayatSamiti in Scheduled Areas.
● Section 102 (Power of ZilhaParishad to construct other works and
manage other institutions and to give technical guidance to other local
authority) - The Zil haParishad shall have the power to carry out other
constructions and to look after other ecosystems, to provide technical
guidance.
● Section 103 (Power of State Government to transfer works and
development schemes) - The State Government shall have the powe r
to transfer public welfare constructions and development projects to
the State Government with the consent of the ZilhaParishad.
● Section 104 (District fund ordinarily liable for all costs and expenses
incurred by ZilhaParishad) - District fund will gener ally be eligible for
outlay and expenditure incurred by ZilhaParishad.
● Section 105 (Power to compromise) - The ZilhaParishad has the power
to compromise on any claim made against them.
● Section 106 (Powers and functions of ZilhaParishad) - The powers and
functions of the ZilhaParishad may be exercised subject to the
provisions of this Act and the rules made by the State Government
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30 ● Section 107 (Duties of ZilhaParishad during scarcity, etc.) - There are
provisions regarding the duties of the ZilhaPar ishad in case any area is
declared as a scarcity zone by the State Government in any given year.
● Section 108 (Powers and functions of PanchayatSamiti) - This Act
contains provisions regarding the powers and functions of the
PanchayatSamiti.
● Section 108A (PanchayatSamiti to conform to instruction given by
ZilhaParishad) – PanchayatSamiti shall conform to instructions given
by the ZilhaParishad in carrying out its functions and duties under the
PanchayatSamiti Act. It will act as instructed by the council fro m time
to time.
● Section 109 (Powers and functions of Standing Committee and
Subjects Committees) - The Act provides for the powers and functions
of the Standing Committee and the Subject Committee.
● Section 109A (Special powers and functions of Finance Comm ittee) -
There are provisions regarding the special powers of the Finance
Committee and its functions.
● Section 110 (Joint Committees of two or more ZilhaParishads) - There
are provisions for joint committees of two or more ZilhaParishads.
2.5.10. Conduct o f business (zilhaparishad).
● Section 111 (Meeting of ZilhaParishads) - ZilhaParishad may hold
meetings as many times as required. But the date of the last meeting
will not be more than a period of three months.
● Section 112 (Councillor may act during vacanc y; acts of
ZilhaParishads etc., not to be invalidated by informalities) - In case of
any vacancy in the ZilhaParishad, the members of the Parishad who
are continuing during that period may act on the understanding that no
vacancy has occurred.
● Section 113 (Dignitaries to address meeting) - A meeting of the
ZilhaParishad may be convened so that distinguished persons may be
referred to the President by the State Government, by general or
special order.
● Section 114 (President may require the presence of certai n
Government officers at meetings of ZilhaParishad) - The President
shall inform the concerned government officials to attend the meeting
of the ZilhaParishad.
● Section 115 (President may circulate written propositions) – President
may circulate a written s tatement for which he has called a meeting.
● Section 116 (Mode of execution of contracts) - Subject to the
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31 of contract or agreement on behalf of the ZilhaParishad or for the
purposes of the PanchayatSamiti.
2.5.12. Panchayatsamitis.
● Section 117 (Meetings of PanchayatSamitis) - The PanchayatSamiti
may meet as many times as it deems necessary, but there shall be a
period of one month gap between its last meeting and the date of its
next me eting.
● Section 118 (Sections 111,112 and 115 to apply to meetings of
PanchayatSamitis) - There are provisions regarding the application of
sections 111, 112 and 115 to the meetings of PanchayatSamitis.
2.5.13. Standing and subject committees.
● Section 119 (Meetings of Standing Committees and Subjects
Committees) - This Act provides for holding meetings of Standing
Committees and Subjects Committees.
● Section 120 (Chairman may require attendance of Government officers
at meetings of Standing or Subjects Commit tees, as the case may be) -
The Chairman may require the attendance of particular officer of the
State Government to attend the meeting of the Standing Committee or
Subjects Committees as is the case.
● Section 121 (Chairman of Standing Committee or Subjects Committee
may circulate written propositions) - Whenever it appears to the
Chairman of a Standing Committee or Subjects Committee
unnecessary to convene a meeting he may circulate a written
proposition of his own or of any other member of the Committee or of
Executive Officer of the ZilhaParishad for the observations and votes
of members of the Committee.
● Section 122 (Meeting of Committees to be convened in certain cases)
– There is a provision to convene a meeting of the Standing
Committee or the Subjects Committee whenever a Minister wishes to
discuss and exchange any of the matters assigned or handled by those
Committees.
2.5.14. Execution and maintenance of works and development
schemes
● Section 123 (Entrustment of execution of development schemes to
ZilhaParishad) - Provision is made to entrust the implementation of
development plan to the ZilhaParishad subject to the conditions and
essays to be specified by the State Government.
● Section 124 (Execution of works and development schemes of
ZilhaParishad th rough PanchayatSamiti) - Subject to the rules
prescribed by the State Government in this regard, there is a provision
for the ZilhaParishad to carry out construction and development plans
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32 ● Section 125 (Sanction for undertaking w orks or development schemes)
- In respect of construction and development plan which has to be
spent from district fund or block, no grant can be implemented without
prior approval of the officers.
● Section 126 (Contracts for works or development schemes) - Rules
may be prescribed for carrying out any construction or development
project duly sanctioned for undertaking from district funds or block
grants. No tenders will be accepted without the prior approval of such
authorities or officers.
● Section 127 (Powe r of State Government or officer to inspect and give
technical guidance, etc.) - The State Government or the Authority shall
have the power to inspect any construction or development plan
undertaken by the ZilhaParishad or the PanchayatSamiti and to
provid e technical guidance, etc.
2.5.15. Zilhaparishad, its assets, funds and expenses.
● Section 128 (Power of ZilhaParishad to acquire and lease, sell or
transfer property) - The ZilhaParishad has the power to acquire, lease,
sell or transfer property for the p urpose of any of its functions.
● Section 129 (Property of ZilhaParishad) - Every construction done
with the help of PanchayatSamiti or Government or with the
participation of the people from Kia block grant from district fund
shall be the property of ZilhaP arishad.
● Section 130 (District fund, its custody and investment) - Each district
has provisions for having a local fund called 'District' Fund.
● Section 130A (Borrowing of money) - ZilhaParishad may borrow
money from any bank or co -operative society for car rying out its
functions under this Act.
● Section 131 (Creation of special fund) - Special funds may be reserved
for any work to meet the related expenses.
● Section 132 (District fund where to be expended) - This Act contains
provisions on where the ZilhaPari shad should spend the funds from the
District Fund.
● Section 133 (General charges to be defrayed) - Provision is made for
each ZilhaParishad to meet its general expenditure from the district
fund.
● Section 134 (How district fund shall be drawn against) - No money in
the District Fund can be withdrawn from the Contract Treasury or
Bank unless the checks or letters of credit signed by the Chief
Executive Officer are produced.
● Section 135 (Accounts to be kept in form prescribed by State
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33 ZilhaParishad or PanchayatSamiti prescribed from time to time in
accordance with the rules made by the State Government.
● Section 136 (Preparation of statement of accounts and publication of
abstracts of accounts) - Chief Exe cutive Officer shall prepare a
statement of accounts of receipts and expenditure showing the amount
withdrawn from District Fund, expenditure on Establishment and all
other expenses undertaken such as for Construction and Development
Project and balance in hand, if any. The ZilhaParishad shall submit to
the State Government the details of accounts and expenditure every
year by rules.
● Section 137 (Preparation of annual budget estimates of income and
expenditure) - Each ZilhaParishad shall make budgetary esti mates of
receipts and expenditures of the Council for the next financial year, on
a date to be prescribed by the State Government from time to time in
this regard or in a pre -prescribed format every year.
● Section 138 (Revised or supplementary budget estima tes may be made
when necessary. Re -appropriation to be subject to approval like budget
estimate) - To make revised or supplementary budget estimates if
necessary, as well as there is a provision to be subject to re -
appropriation as per the budget estimate.
● Section 139 (Budget estimates and re -appropriations when to be
approved) - Provision of when to approve budget estimates and re -
appropriations.
● Section 140 (Except on pressing emergency, no sum which is not
provided for in budget estimate to be expended) - There is a provision
not to spend any amount which is not provided in the budget estimate
except in case of extreme urgency.
● Section 141 (Authorities of ZilhaParishad to sanction loans or
contingent expenditure or to write off dues. Limits of such power) -
There is a limitation limit for the officers of the ZilhaParishad to
sanction loans or contingencies or to disburse the amount due.
● Section 141A (Recovery of sum due to ZilhaParishad as arrears of
land revenue) – There are provisions to recover the amou nt due to
ZilhaParishad under Section 141A as arrears of land revenue.
● Section 142 (Administration report) - Subject to the provisions of this
section, each ZilhaParishad or PanchayatSamiti shall prepare its own
administrative report.
● Section 142A (Power o f Accountant General to check accounts of
Parishads and Samitis) - Accounts of any ZilhaParishad or
PanchayatSamiti may be checked at any time by the Accountant
General, Maharashtra State in accordance with the directions as the
State Government may give f rom time to time as determined by the
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34 2.5.16. Taxation.
● Section 143 (Application) - The provisions of this Act shall apply to
the areas of the State to which section 143 has been applied.
● Section 144 (Levy of cess on every rupee of lan d revenue) - Provision
is made for levy of cess on every rupee of land revenue.
● Section 145 (Rules for assessment) – Section 145 of the Act provides
for the Mumbai Land Revenue Levy Rules.
● Section 146 (Levy of cess on water -rate) - This section provides fo r
levy of cess on water bill.
● Section 147 (Manner of levying cess described in section 144) - The
procedure for levying cess described in section 144 is explained here.
● Section 148 (Manner of levying cess described in section 146) - The
procedure for levyi ng cess described in section 146 is explained here.
● Section 149 (Assistance to superior holders) - Superior holders and
owners of waterways have the right to recover money from their clans
and occupants.
● Section 150 (Collection and credit of local cess on water rate) -
Provision is made for collection and submission of local cess on water
bill.
● Section 151 (Levy of cess on every rupee of land revenue in Vidarbha
area) - Provision is made to levy cess on every rupee of land revenue
in Vidarbha region.
● Sectio n 152 (Levy of cess on every rupee of land revenue in
Hyderabad area) - There is provision for levy of cess on every rupee of
land revenue in Hyderabad area.
● Section 153 (Collection and credit of local cess of land revenue) -
Collection of local cess on la nd revenue.
● Section 154 (Suspension and remission of local cess) - Provision for
suspension or exemption of local cess.
● Section 155 (ZilhaParishad’s or PanchayatSamiti’s power to propose
increase in rate of cess) - ZilhaParishad or PanchayatSamiti has the
power to suggest increase in cess rate under this Act.
● Section 156 - If the minerals in a land are owned by the government
and the ownership is payable to the government, then the government
has the right to levy cess on the land.
● Section 157 (Taxes which may be imposed by ZilhaParishad) -
Provision is made for taxes to be levied on ZilhaParishad. munotes.in

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35 ● Section 158 (Stamp duty on certain transfer of immovable property) -
Provision is made for stamp duty on specific transfer of immovable
property.
● Section 159 (Procedure of ZilhaParishad preliminary to imposing tax)
- The procedure of ZilhaParishad is to pass a resolution in its meeting
before imposing any tax or any fee.
● Section 160 (Procedure for abolishing or varying a tax) - The
ZilhaParishad has the procedure to repeal or amend the tax under this
Act.
● Section 161 (Procedure in cases of non -payment of fee) - Provision is
made for proceedings in case of non -payment of fees.
● Section 162 (Publication of sanctioned rules with notice) - Provision is
made for the dist rict for which the approved rules are to be published
with notice (to be done by the ZilhaParishad).
● Section 163 (Compulsory general and special water taxes imposed by
ZilhaParishad to be collected by Panchayats) - This Act provides for
the collection of c ompulsory general and special water tax imposed by
the ZilhaParishad and collected by the Panchayats.
● Section 164 (Default in payment by Panchayat and recovery from its
moneys) - If any Panchayat fails to pay any amount of general water
bill or special wat er bill collected under section 163 within the date
given by the ZilhaParishad, there is a provision to recover the amount
from its money.
● Section 165 (Powers of State Government to suspend levy of
objectionable taxes) - The State Government has the power under this
section to suspend the levy of objectionable taxes in the ZilhaParishad.
2.5.17. Collection of taxes or fees.
● Section 166 (Presentation of bill for amount of tax or fee) - Provision
for submission of tax or fee bill.
● Section 167 (Issue of warra nt) – Provision for issuance of power of
attorney.
● Section 168 (Warrant by whom to be signed) - There is a provision as
to who should sign the power of attorney.
● Section 169 (To whom warrant should be addressed) - There is a
provision in whose name the pow er of attorney should be issued.
● Section 170 (Power of entry under special order) - Provision for right
of entry under special order.
● Section 171 (Warrant how to be executed) - Provision is made on how
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36 ● Section 172 (Sale of goods distrai ned; application of proceeds of sale
and surplus how dealt with) - Provision is made for the use of proceeds
from the sale of seized goods and how to manage the balance.
● Section 173 (Distraint and sale outside district) - Provisions for
detention and sale of seized goods outside the district.
● Section 174 (Fees and cost chargeable) - Provision regarding fees and
outlay to be levied.
● Section 175 (Appeals to Magistrates) - Provision is made to appeal to
the Magistrate against any violation of rights.
● Section 1 76 (Liability of lands, buildings, etc., for rates) - Provision is
made for liability for tax of land, buildings etc.
● Section 177 (Suspension of power to recover by distress and sale) –
Provision is made to suspend the right of ZilhaParishad to recover
amount by withholding and selling under this Act.
● Section 178 (Framing of tolls or certain fees) - Provision is made for
payment of lease for recovery of ZilhaParishad, Road Tax or
Dedicated Fees.
● Section 179 (Receipt to be given for all payments) - The Act p rovides
that the recipient will give a receipt for all amounts paid in respect of
any tax or fee.
2.5.18. Financial assistance to zilhaparishads.
● Section 180 – Excluded.
● Section 181 – Excluded.
● Section 181A (Grant of forests revenue to ZilhaParishads) - Provision
is made for ZilhaParishad to get forest revenue grant.
● Section 182 (Purposive grants) - Provision Grants under this Act are
provisions in this regard.
● Section 183 (Establishment grant) - Provision is made for
establishment grant under this Act.
● Section 184 – Excluded
● Section 185 (Local cess matching grant) - Provision is made to provide
subsidy to local cess.
● Section 186 (Incentive grants) - Incentives to the State Government in
view of the progress of development work of each ZilhaParishad,
which w ill encourage further development.
● Section 187 (Grants for Plan Schemes) - Provision is made by State
Government to provide grant to the ZilhaParishad for the work related
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37 ● Section 188 (Block grant) - Under thi s Act, there is a provision to give
block grants to the ZilhaParishad by the State Government.
● Section 189 - Excluded
2.5.19. Sanitary and other rights.
● Section 190 (Power to enter and inspect buildings, etc.) - Provision is
made for the CEO to enter and i nspect any building.
● Section 191 (Filthy buildings, etc.) - There are provisions regarding
dirty buildings.
● Section 192 (Powers and duties with regard to sources of water
supply) - Provisions are made to the Chief Executive Officer or any
person authorized by him in this regard regarding his rights and duties
in relation to water supply.
● Section 193 (Remedy on non - compliance with directions issued) -
There are provisions for taking measures in case of non -compliance
with the instructions given.
● Section 194 (Power to set apart public springs, etc., for certain
purposes) - The CEO has the right to set aside springs, lakes, wells or
other places for certain purposes.
● Section 195 (Penalty for using places set apart for other purposes) -
There are provisions for separate water reservoirs for drinking
purposes.
● Section 196 (Abatement of nuisance from foul water) - There are
provisions regarding reduction of diseases and diseases caused by
contaminated water.
● Section 197 (Closing of places for disposal of dead) - Provisions have
been made for disposal of corpses.
● Section 198 (Chief Executive officer, etc., to have power of entry for
inspection into buildings, etc., where infectious disease exists,
disinfections of buildings, etc.) - This Act provides for the removal of
infectious diseases affecting buildings, premises, settlements, houses,
spraying etc.
● Section 199 (ZilhaParishad to notify places for washing and
disinfecting articles, exposed to infection; infected articles may be
destroyed; penalty) - ZilhaParishad has made provision in this Act
regarding infectious items and similar matters.
● Section 200 (Obstructions and encroachments upon public roads, land
or building) - Provisions are made for removal of obstructions and
encroachments on public roads, land, build ings.
● Section 201 (Powers of inspections of weights and measures, etc.) -
There are provisions for monitoring in terms of weights, measures etc. munotes.in

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38 ● Section 202 (Numbering of premises) - The Chief Executive Officer
has the power to assign numbers to the asset.
2.5.20. Public market.
● Section 203 (Vesting of market rights) - This Act provides for the
determination of market rights by the ZilhaParishad.
2.5.21. Private markets.
● Section 204 (Power of State Government to apply these provisions to
villages) - Under t his Act, the State Government has the power to
apply these provisions to the villages.
● Section 205 (Provision as to licences required for private markets) -
The ZilhaParishad has provisions relating to licenses required for the
private market.
● Section 206 (Procedure to be followed in claiming right to levy fees) -
This Act provides for the power to levy fees to the ZilhaParishad.
● Section 207 (Grounds of decision on claim to levy fees) - There are
provisions in this Act regarding the decision to be taken reg arding the
right to charge fees.
● Section 208 (Suit for establishing right to levy fees) - There is a
provision for claiming the right to impose a fee.
● Section 209 (Fee for licence) - There are provisions for charging fees
for licenses.
● Section 210 (Suspens ion or cancellation of licence) - There are
provisions for suspension or revocation of license.
● Section 211 (Appeal against orders of ZilhaParishad) - Sections 205,
206, 209 and 210 provide for appeal against the powers prescribed by
the ZilhaParishad.
● Section 212 (Failure to grant a licence and applications against such
order) - Provision is made for default in issuing license and application
against such order.
● Section 213 (Penalty for unlicensed markets) – This section provides
punishment for any person who tries to establish a market for which no
license has been issued.
2.5.22. Fairs.
● Section 214 (Provision regarding public markets applicable to fairs,
etc.) - The State Government has made provisions for public markets
in connection with fairs.

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39 2.5.23 . Public parking.
● Sections 215, 216, 217 and 218 are the provisions relating to public
parking.
2.5.24. Special provisions for town planning in the Hyderabad area of
the state.
● Sections 219 to 226 are special provisions for town planning in the
Hyderabad r egion of the State.
2.5.25. Provisions regarding notices, etc.
● Section 227 (Service of notices, etc., addressed to individual) - There
are provisions for execution of notices etc. issued in the name of the
person.
● Section 228 (Service of notices on owners or occupiers of lands and
buildings) - There are provisions for issuing notices to the owners or
occupants of land and buildings.
● Section 229 (Public and general notices, how to be published) -
Provision is made on how to publish public and general notices .
● Section 230 (Defective form not to invalidate notice or bill) - N o
notice or bill will be invalid due to defective pattern.
● Section 231 (Punishment for disobedience of orders and notices not
punishable under any other section) - There is a provision unde r this
section to punish any person for disobeying any written notice or order
issued by or on behalf of the ZilhaParishad.
● Section 232 (ZilhaParishad in default of owner or occupier may
execute works and recover expenses) - In case of misconduct by the
owner or occupier, the ZilhaParishad has a provision to carry out the
work and recover the cost.
● Section 233 (Expenses of costs how to determine and recover) -
Provision is made on how to determine and recover the cost or amount
thereof.
● Section 234 (Power o f Chief Executive Officer to prosecute) - The
Chief Executive Officer has the power to sue for public nuisance under
this Act.
● Section 235 (Damage to any ZilhaParishad property and compensation
for same) - There are provisions regarding how to compensate t he loss
of property of ZilhaParishad.
● Section 236 (Alternative procedure by suit) - Provision is made for
alternative methods of filing suit against any person for recovery.
● Section 237 (Powers of police officers) - Provision of powers in
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40 2.5.26. Provisions as to services
● Section 238 to section 253C provides for the services of officers and
employees of the ZilhaParishad. Since the clauses under this section
are not very useful in the syllabus, it was not necessary to analyze
them.
2.5.27. Alteration of boundaries of districts and blocks
● Section 254 (Power of State Government to alter boundaries of
District) - The State Government has the right to change the
boundaries of the district.
● Section 255 (Power of State Government t o make suitable provision
by order when a District is altered) - The State Government has the
power to make reasonable provision by order when changes are made
in the district.
● Section 255A (Abolition of Districts) - There are provisions regarding
the disa ppearance of districts.
● Section 256 (Power of State Government to alter boundary of Block) -
The State Government has the right to change the boundaries of the
block.
● Section 257 (Power of State Government to make suitable provision
by order when Block is altered) - The State Government has the power
to make appropriate provision by order when the block is reshuffled.
● Section 257A (Division of Block or Blocks and its consequences) -
There are provisions regarding division of Block or Blocks and its
conseque nces.
2.5.28. Control
● Section 258 (Inquiry into affairs of ZilhaParishad) - The State
Government has the power to inquire into the affairs of the
ZilhaParishad.
● Section 259 (Power of State Government to provide for performance
of duties in default of Zi lhaParishad) - The State Government has the
power to make provision for the discharge of duties by the
ZilhaParishad.
● Section 260 (Power of State Government to dissolve ZilhaParishad
and consequential provisions) - The State Government has the power
to dis solve the ZilhaParishad when the ZilhaParishad encroaches or
abuses its powers or fails to perform the duties imposed on it under
other laws or continues to fail to do so.
● Section 261 (State Government’s power to give direction regarding
works and developm ent schemes) - The State Government has the
power to issue directions to the ZilhaParishad regarding construction
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41 ● Section 261A (Power of State Government to recover expenditure
from grants, etc., for operating piped water supply s cheme, where
default is made by ZilhaParishad in taking over the scheme) - In case
the ZilhaParishad fails to take over the project of tap water supply, the
state should recover the cost from the grant etc. The government has
the right to keep the project operational.
● Section 262 (Commissioner to call meeting of ZilhaParishad
Committee or PanchayatSamiti) - The Act provides for the
Commissioner to convene a meeting of the ZilhaParishad, its
committee or the PanchayatSamiti.
● Section 263 (Power of inspection and supervision) - The
Commissioner or any officer duly authorized by the State Government
in this regard has the right to inspect and supervise.
● Section 264 (Commissioner to inspect office of ZilhaParishad) -
Provision is made for the Commissioner to insp ect the office of the
ZilhaParishad.
● Section 265 (Power of Commissioner to prevent extravagance in
establishments [for wasteful expenditure]) - If the number of
ZilhaParishad staff officers or Class III employees or Class IV
employees exceeds the limit, th e Commissioner has the authority to
prevent wasteful expenditure.
● Section 266 (Power of Collector to call for information relating to
affairs of ZilhaParishad) - The State Government has made provision
for the Collector to seek information about the functi oning of the
ZilhaParishad under this section.
● Section 267 ([District Magistrate’s] power of suspending execution of
orders of ZilhaParishad, PanchayatSamiti, etc.) - The District
Magistrate has been empowered by the ZilhaParishad or the
PanchayatSamiti to revoke the execution of orders, etc. which may
cause harm to the people due to any act or work.
● Section 268 (Emergency power of Collector) - This Act empowers the
Collector in case of emergency.
● Section 269 (Power of State Government to dissolve Panchayat Samiti
for incompetency, default or abuse of power) - PanchayatSamiti is
encroaching or abusing its powers or is unable to perform its duties. In
such a case, the state government has the right to dismiss the
PanchayatSamiti under this section.
● Section 270 (Power of State Government to make special rules for
certain matters) - The State Government has the right to make austerity
in various matters under special rules.
● Section 271 (Power of State Government to transfer staff employed in
connection with the p ublic health by ZilhaParishad to another District
in cases of emergency) - Under this Act, the State Government has the munotes.in

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42 power to transfer the staff employed in the affected district to another
district in case of any outbreak of any deadly or epidemic dise ase in
any district or in its area or in case of flood scarcity, natural calamity
or crisis.
● Section 272 (Power of State Government and of Commissioners over
Collectors, etc.) - This Act provides for the powers of the State
Government and the Commissioners in relation to their functions.
● Section 273 (Delegation of powers by State Government) - The State
Government has the power to delegate powers.
2.5.29. Rules, regulations and by -laws
● The provisions of Section 274 to Section 276 deal with rules,
exchanges and by -laws. Analyzing it did not seem necessary in terms
of the curriculum.
2.5.30. Miscellaneous.
● Section 277 (Penalty for Councillor, officer or servant of
ZilhaParishad having interest in any contract, etc., with ZilhaParishad
or PanchayatSamiti) -
● Section 278 (Councillors of ZilhaParishads to be public servants) -
This Act provides that every member of the ZilhaParishad and
PanchayatSamiti, as well as the staff serving in the ZilhaParishad and
PanchayatSamiti should be servants of the people.
● Sectio n 279 (Delegation of powers by Heads of Departments of
ZilhaParishad) - This Act provides for delegating powers to the
Heads of Departments of ZilhaParishads.
● Section 280 (Limitation of suits, etc.) - This Act provides for filing of
lawsuits against any Zi lhaParishad or any officer or employee
working under its control for any action taken or intended to be done
by the ZilhaParishad.
● Section 281 (Power of ZilhaParishad to delegate its powers) - Subject
to the rules of the State Government, the ZilhaParishad has the right
to delegate its powers.
● Section 282 (Joint meeting of two or more local authorities) - This
Act gives the right to hold a joint meeting of two or more local
authorities.
● Section 283 (Utilization of portion of revenue paid to municipalities,
etc.) - There are provisions regarding utilization of revenue share
given to Municipal Corporations, Municipalities, etc.
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43 ● Section 285 (Acquisition of land) - Under this Act, if required by any
ZilhaParishad, the State Government make s provision for acquisition
of the same land.
● Section 285A (Power of State Government to appoint headquarters of
ZilhaParishads and PanchayatSamitis) - The State Government has
the power to appoint the headquarters of ZilhaParishad and
PanchayatSamiti.
● Section 286 – Excluded
● Section 287 (Power of State Government to adopt laws) - The State
Government has the power to make the law favorable under this Act.
● Section 288 (Transitory provisions and savings) - The provisions
contained in the Eleventh Schedule und er this Act shall apply to the
composition of the ZilhaParishad.
● Section 289 (Removal of difficulties) – If there is any difficulty in the
implementation of the provisions of this Act or any of the Schedules,
the State Government may by order do anything w hich appears to be
necessary for the purpose of removing the difficulty.
2.6. 73RD CONSTITUTIONAL AMENDMENT.
The 73rd Amendment 1992 added a new Part IX to the constitution titled
“The Panchayats” covering provisions from Article 243 to 243(O); and a
new Eleventh Schedule covering 29 subjects within the functions of the
Panchayats.

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2.6.1 Significance of the amendment
This amendment implements the article 40 of the DPSP which says that
“State shall take steps to organise village panchayats and endow them with
such powers and authority as may be necessary to enable them to function
as units of self-government” and have upgraded them from non-justifiable
to justifiable part of the constitution and has put constitu tional obligation
upon states to enact the Panchayati Raj Acts as per provisions of the Part
IX. However, states have been given enough freedom to take their
geographical, politico -administrative and others conditions into account
while adopting the Pancha yati Raj System.
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44 2.6.2. Salient features
a) GramSabha
Gram Sabha is a body consisting of all the persons registered in the
electoral rolls relating to a village comprised within the area of Panchayat
at the village level. Since all the persons registered in electoral rolls are
members of Gram Sabha, there are no elected representatives. Further,
Gram Sabha is the only permanent unit in Panchayati Raj system and not
constituted for a particular period. Although it serves as foundation of the
Panchayati Raj, yet it is not among the three tiers of the same. The powers
and functions of Gram Sabha are fixed by state legislature by law.

b) Three Tiers of Panchayati Raj
Part IX provides for a 3 tier Panchayat system, which would be constituted
in every state at the village level, intermediate level and district level. This
provision brought the uniformity in the Panchayati Raj structure in India.
However, the states which were having population below 20 Lakh were
given an option to not to have the intermediate level.
All the members of these three levels are elected. Further, the chairperson
of panchayats at the intermediate and district levels are indirectly elected
from amongst the elected members. But at the village level, the election of
chairperson of Panchay at (Sarpanch) may be direct or indirect as provided
by the state in its own Panchayati Raj Act.
c) Reservation in Panchayats
There is a provision of reservation of seats for SCs and STs at every level
of Panchayat. The seats are to be reserved for SCs and STs in proportion
to their population at each level. Out of the Reserved Seats, 1/3rd has to
be reserved for the women of the SC and ST. Out of the total number of
seats to be filled by the direct elections, 1/3rd have to be reserved for
women. There has been an amendment bill pending that seeks to increase
reservation for women to 50%. The reserved seats may be allotted by
rotation to different constituencies in the Panchayat. The State by law
may also provide for reservations for the offices of the Chairpersons.
d) Duration of Panchayats
A clear term for 5 years has been provided for the Panchayats and
elections must take place before the expiry of the terms. However, the
Panchayat may be dissolved earlier on specific grounds in accordance with
the state legislations. In that case the elections must take place before
expiry of 6 months of the dissolution.
e) Disqualification of Members
Article 243F makes provisions for disqualifications from the membership.
As per this article, any person who is qualifie d to become an MLA is
qualified to become a member of the Panchayat, but for Panchayat the munotes.in

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45 minimum age prescribed is 21 years. Further, the disqualification criteria
are to be decided by the state legislature by law.

f) Finance Commission
State Governmen t needs to appoint a finance commission every five years,
which shall review the financial position of the Panchayats and to make
recommendation on the following:
 The Distribution of the taxes, duties, tolls, fees etc. levied by the state
which is to be divided between the Panchayats.
 Allocation of proce eds between various tiers.
 Taxes, tolls, fees assigned to Panchayats
 Grant in aids.

This report of the Finance Commission would be laid on the table in the
State legislature. Further, the Union Finance Commission also suggests
the measures needed to augment the Consolidated Funds of States to
supplement the resources of the panchayats in the states.
g) Powers and Functions: 11th Schedule
The state legislatures are needed to enact laws to endow powers and
authority to the Panchayats to enable them functions of local government.
The 11th schedule enshrines the distribution of powers between the State
legislature and the Panchayats. These 29 subjects are listed below :
2.7. SUMMARY
The Maharashtra State Gov ernment has proved that the Panchayat Raj of
Maharashtra is different in the country by enacting the Maharashtra
ZilhaParishad and PanchayatSamiti Act, 1961. Some states in the country
adopted two -tier Panchayat Raj and gave main powers to
PanchayatSamitis . It was recommended by the Ashok Mehta Committee
in 1977. But the state of Maharashtra gave a prominent place to the
ZilhaParishad.
The structure of this law is important for the smooth functioning of the
entire Panchayat Raj, especially the ZilhaParishad and PanchayatSamiti.
The law is divided into 26 parts.
In the year 1992, the 73rd Amendment Bill was introduced in the country.
The bill adopted almost all the provisions of the ZilhaParishad and
PanchayatSamiti Act and implemented those provisions for th e entire
country.

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46 2.8. EXERCISES
Descriptive:
1) Briefly explain the structure of ZilhaParishad and PanchayatSamiti Act.
2) Explain the provisions regarding President and Vice President in
ZilhaParishad and PanchayatSamiti Act.
3) Write notes o n:-
1. Executive Officer
2. Standing Committees and Subject Committees
3. Carrying out construction and development projects and keeping
them in good condition.
4. Collection of taxes or fees
5. Other sanitary rights.
MCQs:
i). 73rd Constitutional amendment was implemen ted in…….
a) 1992, b) 2020 , c) 1997 , d) 1995.
ii) ZilhaParishad and PanchayatSamiti Act. Passed in …
a) 1991, b) 2001 c) 1961 d) 1965.
iii) Panchayat Raj of Maharashtra is……system.
a) two tire b)three tire c) four tire d) one tire.
2.9. REFERENCES:
1) Ka netkarMedha - Fifty Years of Indian Planning, Shri Sainath
Prakashan, Nagpur 2007
2) Kulkarni A.N. - Local Self -Government in India, VidyaPrakashan
Nagpur – February, 2000
3) Government of Maharashtra Law and Justice Department - Maharashtra
ZillaParishad and Panchayat Samiti Act 1961, Government Press,
Aurangabad -2007
4) Dr. Jain Ashok V, Dr. PawarDattatreya V. - Rural Government and
Politics,Professor KirtiMahavidyalaya, Dadar

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47 3
LAND REFORM LEGISLATIONS - PART -I

youtube.com
Unit Structure
3.1. Introduction
3.2. Objectives
3.3 The Nature of Land Retention in India
3.4 The Need for Land Reforms in India.
3.5 The Nature of Land Reforms in India
3.6 Land Reforms Laws
3.6.1 Maximum Lands Act 1961
3.6.2 Objective
3.6.3 The Nature of the Ceiling Above Ground
3.6.4 Transfer and Edit Hour Limit
3.6.5 Determine Additional Land
3.6.6 To Compensate
3.6.7 More Land Allotment
3.6.8 Correction and Re Inspection of Appeal Writing D efects
3.6.9 Land Excluded from t his Act
3.6.10 Loopholes in the Law
3.6.11 With Recommendations for Effective Enforcement of t he
Law
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48 3.8 Exercise
3.9 References.
3.1. INTRODUCTION:

The meaning of land reforms and land tenure system has already been
discussed in the preceding chapter, besides, the prevailing land tenure
systems during the British period, their merits and demerits and the
measures of land reforms taken so as to remove their demerits and the
impact of those measures have a lso been discussed there.

Land reforms usually refer to redistribution of land from the rich to the
poor. More broadly, it includes regulation of ownership, in an agrarian
economy like India with great scarcity and an unequal distribution of land.
A large mass of the rural population below the poverty line, there are
compelling economic and political arguments for land reforms,

Land is a characteristic element of human life and their life and their life
project in the early period of human origin. Durin g this time, he felt that
his livelihood was important. Constant wandering was a feature of his life.

As human life progressed, human beings became aware of their existence.
They should have their own shelter; they should have some land around
them he beg an to feel that way. The concept of rights began to take shape
as man settled in one place and began to establish his own ownership of
the land he had occupied. Later human gangs emerged; the gang that
attacked each other and won the attack was the group that made the losing
group the Mandlik, which led to the rise of the monarchy.
3.2. OBJECTIVES:
 To know the nature of land holding in pre -independence period
 To study the need of land for reforming the law
 To study thenature& importance of law in land ref orm.
 To study the benefits of the land reforms act to farmers.
 To study the extent to which social justice and equality have been
established in rural areas though land reform
 Understanding the nature of the maximum land retention Act 1961.
3.3 THE NATURE OF LAND RETENTION IN INDIA:
To begin with we take up the meaning of the tenancy system. We also
describe the main forms in which the system is found in the country
The basic feature of the tenancy system is that the cultivator cultivates a
land taken from an owner on payment of tent or by sharing the produce of
land with the landlord. As such the tenure system of a country identifies
the ownership of land and the relation of the owner with the cultivaror.
The two, the owner and the cultivator, may be separ ate entities as, for
example, in the Zamindarisystem, or the two functions of owning and munotes.in

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49 cultivation may vest in the same person as in the ryotwari system.In case
the owner and the tiller are separate persons, cultivation is done in terms
of conditions of tenancy.In such a system the cultivator is a tenant who
may be paying aren’t or sharing the crop with the owner. His tenancy may
be temporary or fixed permanently, subject to the fulfilment of certain
conditions. The person identified as owner is also rela ted to government
insofar as he is responsible for making tax payments such as land revenue
to the state.Thus,a tenure system encompasses such things as the owner,
the cultivator, and the government, interrelation among them and the
rights and obligations of each
Mahalwari system
In this system land is held under the joint ownership of the entire village
community. The members of the community jointly and individually are
responsible for the payment of land revenue to the government. Generally,
the villag e community appoints a certain person for this purpose. The land
revenue is normally fixed for 30 to 40 years, and is subject to change after
the expire of the fixed period. The fixation of land revenue, its payment
and other connected things are different in different places. This system is
prevalent in Punjab, Up and in some places of Madhya Pradesh.
The arrangements for cultivation vary from place to place. At some places,
cultivation is undertaken by owners as, for example, in Punjab, while at
others it is done through tenants as in Uttar Pradesh. The rights in land or
the division of the produce raised on land are based upon different
considerations in different places. In some places it is done as per
arrangements made by their forefather; in others, t he basis is traditional
principles or with reference to the number of ploughs, wells, etc., on the
land.
Zamindari system.
The system prevailed over about 40% of the land under cultivation during
the British rule. Since Independence it has ceased to exist in its old form.
The British viewed the land tenure system not in reality owners, weremade
only from the angle of fixing responsibility for the payment of land
revenue to the government; they were indifferent to what happened to the
tiller and to productio n. As such, even those persons, who were not in
reality owners, were made so by the British Government for the simple
reason that they were arranging the collection of land revenue from
agriculturists.
Under this system two distinct classes emerged: owners and cultivators.
Thus between the government and tillers, owners acted as intermediaries.
Often the number of intermediaries was very large, caused by the sub -
tenancy of land. The principal tenants sublet the land taken on lease from
zamindars. The subten ants did likewise and leased the land to other
tenants. In this way the number of intermediaries between the government
and the actual cultivator multiplied. According to the Simon commission
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50 The former system of the fixation of land revenue was known as
permanent settlement, and the latter was known as temporary settlement
for a period of 20 to 40 years after which the amount of land
revenuepayable could be revising. Permanent settlement prevai led in
Bengal, Bihar, Orissa, and in some parts of Assam and Madras (now
Tamil Nadu). Temporary settlement was to be found in Uttar Pradesh,
Punjab, Rajasthan and Madhya Pradesh.
3.4 THE NEED OF LAND REFORMS IN INDIA
As we noticed above, land ownership was highly unequal at the time of
Independence. There was a parasitic class of intermediaries who played no
role in production on the other hand, the vast majority of actual cultivators
were either tenants or subtenants, without any security of tenure
Accordi ng to the national commission on Agriculture (1976), this was the
root cause of the state of chronic crisis in which Indian agriculture
economy was enmeshed before the attainment of Independence.
Although the adverse effect of landlordism on agriculture pr oduction was
most profound in the states of Uttar Pradesh, Bihar, west Bengal and
Orissa, other states that were under Ryotwari and Mahalwari systems also
witnessed the growth of a large number of intermediaries with all its
adverse impact the leased - in a rea consisted nearly 35% of the total
operated area in 1950 -51.
A report of the U.N.O. on the defects in Agrarian Structure pointed out
that, “the present agrarian system acts as a powerful obstacle to economic
development in three ways.
In the first place , the tenant has little incentive to increase his output since
a large share accrues to the landowner who incurs no cost.
Secondly, very small margin is left with the accrual cultivator and his
amount is quite insufficient to provide for a capital investme nt on the land.
Thirdly it means that wealth is held in the form of land, and that the
tenants secure no benefit of working with better equipment or with better
seed.
In a word, under the peasant agrarian system, the landlords grew richer,
the intermediar ies continued to flourish, the state was deprived of his share
of legitimate increase in revenue and the cultivator tenants lived to mouth
existence.
The Planning Commission pointed out the following defects in the
agrarian structure of India that was prev ailing before independence .
i. The existence of a large number of intermediaries between the state
and the cultivator.

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51 iii. Insecurity of tenure among small cultivators due to indebtedness,
mortga ges into possession and absence of ownership rights which
prevented the cultivator from effecting permanent improvement.

iv. A high rate of rent which leaves little incentive to cultivators to
produce more particularly in case of crop -sharing.

v. Small and frag mented holdings disabling improvements in techniques
of cultivation.

vi. Excessive low yield per hectare and prevalence of poverty in
agricultural sector.

vii. Uneven distribution of land which leaves a large section of the rural
population either without any lan d or with holdings too small for
profitable cultivation.

viii. Lack of effective organisation for the completely disorganised
peasantry.
3.5 THE NATURE OF LAND REFORMS IN INDIA
3.5.1. Introduction :
It is difficult to say when this system was started. In ancie nt scriptures the
share of the state in total income 1/6 it is mentioned that. Hindu and
Muslim king had fixed the amount of farm land. Then in times of turmoil,
moneylenders and the rich bought land from the poor and conquered
established as the owner of the land. The method of perpetuation by Lord
Cornwallis brought security to the landlords. From these classes like
zamindar, Jahgirdar, Talukadar etc. were formed. This is where the plight
of Indian agriculture began. Landowners have not paid much attentio n to
agriculture reform.
After Independence, this issue was considered for a long time. The first
five year plan cleverly states that land ownership is a fundamental issue in
national development.
In almost all the states in the country, laws were enacted to create
zamindari system, which resulted in land ownership of 20 million clans.
The direct relationship between the government and the land grabbing
farmers was established.
Gujarat, Maharashtra, Madhya Pradesh, Rajasthan clans who have paid
compensation to landowners in instalments have become landlords the
experiment of destroying zamindari is truly revolutionary in addition to
destroying zamindari practices, various reforms were needed for
agricultural development. The government has tried to take step s in that
direction.
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52 1. To protecting the rights of clans
2. Determine the amount to be given to the land owners
3. Giving land ownership rights to clans
In this way 1/6 of the total income in Maharashtra was fixed. Clans cannot
be removed till a certain period. In Maharashtra, AndraPradesh, Madhya
Pradesh, etc. a period of ten years has been fixed by the court in the state
of Andhra Pradesh. Due to the enactment of such the owner of the land a
situation arose to cultivate with intimacy.
3.5.2 Clan Laws
The land lords themselves cultivate the land through clans without
cultivating the land. In the attribute rayowari method so it is not a matter
of clans. Safety, it is not a matter of land ownership; it is not a matter of
land rights for clans. The interest of was not considered during the British
rule but in clans.
But in 1937 the provincial Autonomy Corporation accelerated these ideas.
In the post -independence period however, identity laws were passed in
various states to protect the interests of the clans.
3.5.3 Ceiling on land holding
The most far -reaching important program in terms of results in the land
improvement program is the ceiling on the land dam. In Maharashtra, this
law came into force on January 26, 1962. The law sets limits on how much
land each pers on can keep close to himself. If a landlord has more land
than the prescribed limit, he should take it away from the government. The
removed land is allotted to the landless
This law was enacted in almost all the states. Assam 50 acres, Andhra
Pradesh 27 t o 234 acres, Bihar 20 to 60 acres, Kerala 5 to 20 acres,
Maharashtra 18 to 54 acres, Karnataka 27 to 216 acres, ext.
This includes land for wool business, excluding large size of land from
sugarcane mills using modern methods of sugarcane cultivation. T he
reason for making this law
In rural areas, land is a means of income and land is in the hands of a few.
The bill will provide land to the landless and reduce economic inequality
between the two classes.
Since the landless get land, they will cultivate with utmost sincerity
If a person has a lot of land, it is not possible to cultivate that land
properly, so allotment of land will help increase production.
Giving more land to a person who has less land will solve the financial
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53 3.5.4 Preventing warts to pieces
The Act was enacted in 1948 with the aim of improving agricultural
production and increasing agricultural incentives to promote agricultural
development.
It had two important parts.
i) To prevent further fragmentation of agricu lture,this is not financially
feasible.

ii) The purpose behind the law is to consolidate land parcels across the
state
The purpose of this Act is to collect the village land held by different
persons and make a plan in such a way that the land will be utilize d to the
maximum.
3.5.5 Active Award for Cooperative Farming
Mahatma Gandhi had earlier in 1942 emphasized the idea that one would
not get full benefits without adopting co -operative agriculture. Earlier, the
Congress Agriculture Reforms Committee had awar ded co -operative
agriculture but the experiment was successful as land is an important part
of human economic progress in the country, so who would not be willing
to give their land to another? 1984 85 the country had only 0.2% co -
operative land.
The only exception was the successful experiment of co -operative farming
by MadhukarDeval in the village of Mahisal in Sangli district of
Maharashtra, but after him this experiment has failed but the co -operatives
have succeeded in the field of buying and selling o f milk, dairy co -
operative sugar factories etc.
3.6 LAND REFORM LAWS:
The nature of land reform laws in the country is as follow:
3.6.1 Maximum Land Retention Act 1961
In the post -independence period, it was the policy of the government to fix
the land h olding limit during the land reform and to remove the excess
land and distribute it to the landless and the poor. Large population of
people on agricultural land Lack of opportunities to move from
agricultural business to non -agricultural business Lack of employment
facilities at the same time, considering the need to increase grain
production, the government decided to enact a maximum land holding
law.
The land holding ceiling from different states in the country was laid down
in two phases. For example, t he first phase from 1960 to 1972 and the
second phase after 1972 started. In the first phase, land holding in
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54 In the second phase, the area was fixed at 18 to 54 acres. Some lands have
been excluded from the Maximu m Land Retention Act. The family
holding criteria has been fixed and land holding has been restricted in the
second phase of 172. Thus, it has become an important law in the country.
3.6.2 Objectives:
 Maximum for the subsistence of a family by setting a c eiling on land
holding

 After fixing it, the excess land is removed and the land is distributed to
the landless and minority holders.
3.6.3 The nature of the ceiling above Land
When legislating to impose a ceiling on land holding The law stipulates
how mu ch land should be in each of these categories by defining the
category as A,B,C,D,E Its appearance is as follows.
Table No. -1
Class Description
Maximum land
holding area(In acres)
A With perennial water supply. 18-00
B No perennial water supply but
guaranteed water supply for
only one crop per year 27-00
C Land with flood water for a
crop from natural resources
but no assured supply 36-00
D Thane Ratnagiri, Raigad,
Bhandara,
BrahmapuriGadchiroli,
SironchaTaluka of
Chandrapur District for
slaughter in and of the early
period lands under rice
cultivation. 36-00
E Dry land means above A,B,C
or D lands in addition to lands
falling under 54-00

A total of three criteria were set out in determining the family factor
when considering land.
 Person and his w ife, More than one wife, their obedience and children
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55  When one of the spouses dies, the husband or wife or several wives,
the ignorant daughter.

 If the husband and wife are dead, then their command and children are
unmarri ed daughters.
3.6.4 Restrictions on transfer and holding
Exceeding the arch limit near any family or individual after 26 September
1970, So that land cannot be transferred in any way to the person. Even if
the person and the family have additional land, t hat family or individual
cannot hold more land by law, of land held so as not to get a chance to
evade the law. The division of occupied land was also restricted after 26
September 1970.
3.6.5 Determining additional land
Under this Act, each family head or individual was given a period of time
to file a return of land. (One month since 2 October 1975) If the
Description letter is not filled in time a fine of Rs. 500 was provided for
giving false information. The statement was to be checked by the
Collector immediately to determine the amount of additional land
In determining the additional land, care was to be taken not to violate the
Fragmentation and Fragmentation Act and to issue notices to the
landowners in a timely manner.
The landowners whose land was to be redundant he wanted to call them
and remind them of the matter. All the owners would not get a copy of the
land after the surplus land was deposited with the government
3.6.6 To compensate
Give the compensation fixed by the government to the concerne d for the
land which is excess and has been taken away by the government. When
considering land compensation, the construction of trees and wells on that
land The District Collector wants to know the cost of permanent joint
work. The compensation amount is to be paid in transferable cash without
paying cash. This amount carries an interest rate of three per cent per
annum. If any part of it is not payable in the form of patient while paying
the amount of compensation, such amount or part thereof to be paid in
cash.
3.6.7 Surplusland allotment.
More land acquired by the state government is to be allotted on priority
basis this land is to be given as per the provisions of the Land Revenue
Code fixed by the Government for allotment of land.
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56 If there is an agricultural labourer working in this group or an agricultural
product planted on that land or related unemployed worker, it has to be
offered.
Excluding the above lands, out of t he remaining lands, 50 per cent lands
have been sanctioned by the Scheduled Castes and Scheduled Tribes,
Nomadic deprived castes and landless persons belonging to backward
classes are to be reserved for growth.
A) The landless clan of the clan whose land h as been taken away by the
owner by the clan law, however, the clan must be within eight kilometres
of the village.
B) In order to cultivate efficiently and to continue the supply of raw
materials, the land can be given to the leased persons for industrial
purposes.
The main beneficiary is to pay the land volume in annual instalments not
exceeding fifteen. The interest is to be paid by the beneficiary at the rate
of three per cent on this price.
3.6.8 Appeals, writings, defects and revisions.
Maharashtra Rev enue Tribunal :Maharashtra Revenue Tribunal figures
against the decision given by the Collector.
This appeal must be made within 90 days from the date of decision. A
copy of the decision of the appeal against which the appeal is filed while
giving decision on this, the order given by the District Collector within the
Maharashtra Revenue Tribunal can be maintained. The declaration order
can be revoked or revoked. The Collector has the power to rectify the
writing defects in the judgment.
The Commissioner can make a full inspection of the decision of the
Collector by inquiring into the documents.
3.6.9 Lands excluded from this Act.
1. Corporations and lands owned or controlled by the State Government
2. Authorities established by law Universities Agricultural C olleges,
schools Lands of agricultural research institutes or lands leased from
them
3. Lands held by the government's military field
4. Lands leased from him before 4th August 1959 land Development
Banks or Central Co -operative Banks or Primary Co -operati ve
Societies.
5. Land held by the bank as per co -operative society for recovery of
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57 Apart from this, on the terms and conditions prescribed by the order given
to the State Government, the following lands are above this Act.
Lands held by a trust or W AFF before 26 September 1970
Anyone for horse breeding area or any trust organization or any one and
Panjarpol or Goshala 26 September 1970.
Lands held by a public limited company or trust or by a father for raising
cattle or sheep before 26 September 1970
Up to 1999 lands occupied by any real industrial or other male industrial
enterprise for later use.
3.6.10 Loopholes in the law
Considering the state of Maharashtra, there are many loopholes in this law
and it has not been implemented properly. Increased land was not received
as expected. The original purpose of the law did not succeed
It was already rumoured that the Maximum Land Retention Act would
come into existence in Maharashtra. In the first stage the individual was
the criterion so the land was div ided into individuals
In the second phase, the criterion of family was fixed and the then Chief
Minister of Maharashtra was not willing to implement this law. But due to
the pressure of the then Prime Minister, he showed readiness to implement
this law in Maharashtra. But the family was born 15 days before the law
was enacted by the Hon. Chief Minister. After announcing this, the
relatives immediately transferred their land. It was clear from this that the
government did not want to implement this law whol eheartedly, which
benefited the rich farmers.
The state government adopted a policy of delay for the law. 1972 The
Sully Legislative Assembly passes an Amendment Act reducing the
maximum area. But the law was not enacted until September 19, 1975. So
the ri ch farmers got plenty of time to evade this law. Many wealthy
farmers with more land than their maximum land holdings escaped the
law.
There is ample scope for transfer and division of land for agriculture.
In this Act, different lands were excluded from the dispute. There were
eleven different types of land. This provided an opportunity to save a large
amount of land from the clutter of the law. Also, many people have
succeeded in saving land by changing the classification of land.
3. 6.11 Recommendation s for effective implementation of the Act.
For effective implementation of the Act, the Ministry of Rural
Development, Government of India has made some recommendations in
Volume One of the First Year Report. These recommendations are as
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58 1. Updating l and records.
2. The pending claims of the court should be constantly reviewed. A
special court should be set up to decide this case
3. The tactic of making false documents should be exposed and
thwarted
4. Find the area above the maximum dam with great skill
5. Prepa ration of proper documents regarding land given to landless.
To record their name in the land records. Allocation of land to the
landless by the actual authorities
6. If the augmented lands are not cultivable, they should be cultivated
and then given to the landless.
If this law is to be effectively enforced, there must be a diamond in the
rough. Awareness of the beneficiaries should be established. A senior
practitioner and guide of the land reform movement.
3.7 SUMMARY:
Land reform is an important objectiv e in the planning process of post -
independence India. For this, the land holding system in India was
reviewed while enacting various laws and a review of the distance in
human relations when considering land redistribution accordingly.
Accordingly, object ives were set to improve the land. i.e .
1) Destroying all types of intermediaries on farm land.
2) Clan laws,
3) Ceiling on land holding.
4) Fragmentation prevention.
5) Active Award for Cooperative FarmingEtc.
In accordance with this objective, a law was enacted to put a ceiling on the
land. The Maharashtra Maximum Land Limit Act, 1961 was enacted. In
Maharashtra, the maximum land limit was 18 acres for horticulture and 54
acres for arable land. Although there are many loopholes in this law, the
beginning of the law is definitely a credit.
3.8. UNIT END QUESTION:
Descriptive:
1. Explain the need for land reform by clarifying the nature of land
retention in India.
2. Explain in detail the nature of land reform in India.
3. Explain the nature of land retent ion law.
4. Short notes
I. Lands excluded from the Maximum Land Retention Act.
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59 5. Suggest measures for effective implementation of the Maximum Land
Retention Act.
MCQs:
i) Landing ceiling means.
a) Maximum size of land.
b) Minimum Size of land
c) Less size of land
d) Big size of land.

ii) Purpose of land ceiling.
a) Reduce size of land.
b) Reduce imbalance in land distribution.
c) Increase land holding
d) Reduce production.

iii) What is the Dry land ceiling in Maha rashtra?
a) 104 acre
b) 54acre
c) 64 acre
d) 94acre.
Answer Key: i) -a, ii) -b, iii) -b.
3.9 REFERENCES
 Agrawal A.N., wishwaprakashan, 20th edition, Indian Economy.
Problems of Development and planning

 Dr. B.P. Tyagi, Agricultural economics, and Rural Development

 Indian Agriculture Institutional perspective

 Appu.P.S.“ Tenancy reform In India” Economic and Political
Weekly,

 Khusro, A.M., Economics of land Reform and farm size in India,
Delhi, Macmillan.

 A.S.Sirohi, 1986, Agrarian Reforms and Instit utional Changes in
India. Concept publishing company. New Delhi

 National Commission on Agriculture, 1976 Report on Agrarian
Reforms. No. XV, Government of India

 Planning Commission, 1973, Task force on Agrarian Relations
Government of India.
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Upscbuddy.com
Unit Structure
4.1 Objectives
4.2 Introduction
4.3 Tenancy Act
4.4 Consolidation of Land Holding Act
4.5 Summary
4.6 Exercise
4.7 References
4.1 OBJECTIVES
 To Study of Tenancy Act.
 To analyse Role of Lan d Calling Act.
 To Study Consolidation of land holding Act
 To analyse Role of Consolidation of land holding Act
4.2 INTRODUCTION
The British government pursued a policy of giving maximum protection
and encouragement to arrogant intermediaries such as moneyl enders and
landlords. During the British rule, moneylenders were tied around the
necks of the peasantry. In the rural areas, the lender's hold was strong. The
mortgaged land was auctioned off as per the order of the civil court and
became the property of t he moneylenders. Rayat, who was the owner, later munotes.in

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61 became a clan. The Rayat was not protected at all. The situation has been
described by the Feminine Inquiry Commission with great pomp.
Landlords and moneylenders leased land to clans, and there was no
guara ntee of how long they would remain in the clan's possession. The
owners had the right to withdraw the money at the end of the year with a
period of three months. These women were given half to the clans. The
clan had to pay half of the hard -earned income t o the owner. The clans
were not getting enough fruit from their hard work. The landlords were
only concerned with the continent. He had no interest in land reform
According to the Mumbai government's census, between 1917 and 1943,
about five million hectar es of land from small farmers went to absentee
landowners, moneylenders and traders. In Rayatwari, 68.67 per cent
people holding less than 10 acres in Mumbai state have only 26. 67% of
the land was left.
The land reform program was given an important place in the Second Five
Year Plan. In Maharashtra, separate clan laws were initially enacted
mainly for three geographical regions
A) The Mumbai Clan and Agricultural Land Act 1948 were for Mumbai
Konkan and Western Maharashtra.
B) Hyderabad Clan Occupied Farm Land Act 1950 -This law is applicable
in Marathwada, the state of Hyderabad which joined Maharashtra,
C) The Mumbai Clan and Agricultural Land Act, 1958, covers the districts
of the province and covers the territory of Varad.
4.3 LAND TENANCY ACT .
A tenan t is a person who occupies the property of another person by
signing a lease or rental agreement . Even though tenants do not own the
property, by signing a rental or lease agreement, they have certain rights
over the property they occupy.
4.3.1 Mumbai Clan and Agricultural Land Act, 1948 -
Objectives of the Mumbai Clan and Agricultural Land Act, 1948: -
 Regulating the relationship between owner and clan
 Hedge and disputes between land holders and clans to prevent illness
to land
 Improving the socio -economic status of farmers
 To manage the land by taking possession of the land holders in case of
complete and efficient use of agricultural land
 Lands owned or occupied by farmers, agricultural labourers and
artisans


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62 4.3.2 The main provisions of the Clan law
Definition of clan -
 Clans established by agreement - Families established by oral or
written agreement

 Assumed Tribe - Another person who does not have a person will
legally own the land owned by another person.
This person will not be from the landlord's fa mily, will not be working as
a wage labourer under the supervision of the landlord or his family, or will
not be holding land mortgage.
 Protected clan - A person deemed to be protected under Section 3, 3 -A
and 4 of the Mumbai Clan Act, 1939 is protected by this Act, in any
case, to a person who encroaches on another person's land.

 Sub- clans: Permanent clans give responsibility to the individual
within them to land and to do so they are called sub -clans
4.3.3 Confirmation of clan to clans.
The law fixed th e maximum and subsistence area of the land and fixed the
ransom.
Sr. N. Types of Land Maximum aria
(Acres) Executing area
(Acres)
A)
B)

C) Arable land
Watering or
paddy land in
season
Perennial irrigated
land 48-0
24-0

08-0 24-0
12-0

04=0

A) Volume filling format.

B) The volume is to b e paid in cash

C) The amount to be paid by the clan whichever is less is five times
the volume of land revenue or twenty rupees per acre.

D) The amount of the block shall in no case be less than double the
amount of land revenue.

E) If the clan does not inform t he clan owner of the amount due to
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63 F) The land owner is required to give a receipt of the volume amount
after receiving the volume amount. Failure to provide the receipt of
the clause is punishable by a f ine of up to Rs.100

G) Prior to the enactment of this Act, all levies levied on landlords or
any form of service was abolished. Violation of this provision can
result in a fine of up to Rs.1000 to the land owner.
B) Amounts to be paid by the clan other than Volume.
1. Land revenue as per code
2. Irrigation tax as per Mumbai Irrigation Provision
3. Cess as per Mumbai Local Bodies Act 1923.
4. Mumbai Gram Panchayat Act Cess
If the clans plant trees in the land of the continent, they will have the right
to that tree. The claimant will have the right to receive compensation from
the case owner of these trees at the end of the clan occupation. Two -thirds
of the clan and one -third of the owner will own the plant that grows
naturally in the land.
The clan will be responsible f or erecting land boundary markers.
C) Removal of land possession.
No clan will be unjustly removed from the land by this Act but in certain
circumstances the land can be taken over by the clan.
1. If you fail to pay the volume before May 31 for three consecu tive
years
2. If the act of damaging or damaging the land is done by the clan
3. If the land is subdivided, if the land is leased, then the land is
transferred now
4. If the land is not cultivated by the clan
5. If land is used for other purposes other than agricultur e
6. If the original owner wants to cultivate the land or cultivate it.
7. If the land owner who has a certificate for caste consolidation wants
land
8. If the clan ends voluntarily
9. If the land owner and the clan exchange the land among themselves
10. The land owner d id not cultivate the land within a year after taking the
land from the clan for cultivating the caste
4.3.4 Land Acquisition Act 1 April 1957.
The government removed the ordinance on April 1, 1957 and on this date
the person who was cultivating the land wa s declared the real owner of the
deposit. In this case, if the permanent clans have kept the sub -clans, then
on the above date it is said that the sub -clans have become the owners of
the land.
The value of the land to be purchased by the flood is to be dec ided by the
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64 acres of irrigated land or 24 acres of perennial water 12 acres. No more
land can be purchased than that. The tribunal will issue a notice to the clan
regarding the purchase of land. During the period of notice, the clan
should appear before the tribunal in person and state whether it wants to
purchase or not.
4.3.5 Tenancy Problem.
The Land reforms under this category is related to those who work on land
leased from others. S uch Cultivators can be of three types, viz. (I)
Occupancy tenants, i.e., permanent tenants; ii non -occupancy tenants or
tenants -at-will; (iii) sub -tenants. The tenants under the first category enjoy
right on land almost those equal to the owners. His right to cultivate land
is permanent. So long as he pays the rent in time, he cannot be ejected
from the land. He enjoys the benefit of whatever investment or
improvement he has made on the land.

But, in the case of non -occupancy tenants or tenants -at-will and sub -
tenants, the position of the cultivator is very weak. Such tenants can be
ejected from land at any time. Prior to independence, they had to perform
different types of beggar and were just like bounded labour of the
landlords. Many a time such lease de eds were oral and likely to change at
the discretion of the landlord. According to the National Sample Survey
(8th Round) about 20% of the land was under the tenancy -at-will and sub -
tenancy.

Although with the abolition of intermediary right tenants acquir ed
proprietary rights in land and have been brought directly in relation with
the State, yet the problem of tenancy has not been completely solved for
still in some case the tiller is holding land not directly from the state but
from the owners of land. Th is has been mostly due to three factors. Firstly,
intermediaries did not always cultivate their home farm lands and
generally let these lands out to tenants. Secondly, the tenants that have
become owners with the abolition of intermediaries sometimes lease d
lands to sub -tenants. Thirdly, in rayotwari areas a considerable proportion
of land held by ryots has been cultivated by tenants.
4.3.6 Policy of Tenancy Reforms.
The policy of tenancy reforms in different states formulated in the right of
the recommenda tions of the First Five Year Plan, which was subsequently
modified and amended. The main recommendations of the First Five Year
Plan in respect of tenancy reforms were as follows:

(i) Conferment of the right of occupancy on all tenants subject to the
owner’s right to resume a limited area for personal cultivation;

(ii) Resumption for personal cultivation t be permitted up to three family
holdings.

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65 (iii) Only those owners to get the right to resume land who cultivate land
themselves, that is to say, who are bona fide a griculturists.

(iv) The landowners to exercise the right of resumption for personal
cultivation within a period of five years.

(v) The tenants of non -reusable area, to get the right of purchase, the
price to be determined in terms of multiple of the rental value of the
land and payment being made in instalments the Government to
establish direct contact with the tenants of the non -reusable area.

(vi) A rate of rent exceeding one -fourth or one -fifth of the produce to be
regarded as requiring special justification. it m eans rent should not
exceed one -fourth or one -fifth of the produce.
4.3.7 Measures for Tenancy Reforms:
The First phase of land reforms (1948 -55), was mainly concerned with the
abolition of intermediaries. The tenancy reform which is an integral part of
land reform policy favoured neither the wholesale expropriation of
landlordism nor the wholesale expropriation of tenant cultivators. The
middle course was adopted. Thus, certain amendments to the then existing
tenancy laws were carried out, along with the l egislation for the adulation
of intermediaries. Thus the scope of protection of former intermediaries
and tenants was extended especially in the area of statutory landlords.
But, the owners were allowed to resume land for their personal cultivation.
This led to the mass eviction of tenants, sub -tenants and share -croppers
through various legal and extra -legal devices. In fact, a big drive to clear
land of tenant occupants was started by landlords in order to obtain
maximum area as i.e., called as Land Reforms and Land Tenure Systems,
Since Independence
Self-cultivated land Innumerable evictions were effected in the process of
“resumption” of land by lando wners. But such eviction could not take
place in Uttar Pradesh and Union Tenitory of Delhi in fact; Utter Pradesh
has the credit, of having the best land reforms in India.
The counter -act this, the law makers in most of the State tried to enact or
amend te nancy laws in the subsequent ten year (1955 -65) and tried to plug
certain glaring loopholes in the existing enactments and thus enlarged the
area protection to tenants.
4.3.8 The major aspects incorporated in tenancy legislation in
different State to prote ct the tenants can be identified as below:
(a) Regulation of Rent.
(b) Security of Tenure
(c) Rights of Ownership
Regulation of Rent: On the eve of independence the customary level of
rents commonly paid by the tenants to landlords varied from 50 per cent to munotes.in

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66 70 per ce nt of the total produce. Besides, the tenants had to render certain
free services known as Begar to the landlords. Those considerable reduced
the real income of the actual cultivator. The situation was reviewed
thoroughly by the Planning Commission, and it was laid down in the First
Five Year Plan that the rent, payable by cultivating tenants to landlords,
should not exceed one -fifth (20 per cent) to one -fourth (25 per cent) of the
total produce. Legislation along these lines has been enacted in all the
States. The maximum rates of rent have been fixed at levels as suggested
by the Planning commission in almost all states, with some marginal
adjustments. However, the maximum rates of rents fixed by different
States vary from on State to another state. For in stance, the maximum rent
payable by tenants in Kerala has been fixed at Will be between 1/4 to 1/2
of the total product
(a) .Whereas in Assam, Mysore, Manipur and Tripura rates vary form
one-fifth to one -fourth. In Punjab, Tamil Nadu and Jammu and
Kashmir, it varies from, 33.3 per cent to 40 per cent of the gross
produce, depending on whether land it wet or dry. Rents have also
been differentiated on the basis of difference in land revenue. It
means rents differ within a state, because land revenue differs from
area to area.

(b) Security of Tenure: The actual tiller can put in his best efforts and
cultivate the land efficiently only when he is sure that he will
continue to be its tiller for ever. Investment needs to be made in
land in the form of manures to maintai n its fertility and
improvements of increase its yield. f land is continuously cultivated
without being manure or looked after, its yield will go on
decreasing till it becomes barren. Hence, to enable the tiller to put
forth his best in land and to maintai n and improve its yield, it is
imperative that he should have a sense of security of continued
occupation and cultivation of land. He should not be liable to
ejection as long as he pays the rents but fair rent. He should have
permanent and heritable intere st in it, so that he may be able to
develop and improve it.

In this connection, the words of Arthur Young are worth
mentioning. “The magic of private property turns sand into gold.
Give a man the secure possession of bleak rock and he will turn it
into ga rden, give him a mine years lease of garden, he converts it
into a desert. Thus, realising the importance of security of tenure,
the Planning Commission laid down that tenants at will should be
accorded permanent right in land they cultivate subject to a l imited
right of resumption to be granted to the landowners. Legislation has
been enacted in different state. The legislation has three essential
aims:

(a) The ejectment may not take place except in accordance with the
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67 (b) land may be resum ed by the landowners for personal cultivation
only; and

(c) In the event of resumption, the tenant is assured of the prescribed
minimum area. The security of tenure provided to the tenants has
been different in different states. For instance, in U.P. tenants have
been given full security of tenure and permanent and heritable
rights, while in Bombay and other states tenants were liable to
ejectment in exercise of the landlord’s right to resume a limited area
for personal cultivation. However, the measure adopte d for security
of tenure follow broadly the following four patterns:

(a) In some states like Utter Pradesh, and the Union Territory of Delhi,
all Tenants in cultivating possession of land have been given full
security of tenure without the landowners having any right to
resume land for personal cultivation.

(b) In some other states like Assam, Maharashtra, Gujarat, Punjab,
Rajasthan and Himachal Pradesh land -owners are permitted to
resume a limited area or a portion of the holding is left with tenants.

(c) In still other states like West Bengal, Jammu and Kashmir, a limited
has been placed on the extent of land which a landowner may resume
but the tenant is not entitled to retain a minimum area or a portion of
h is holding in cases.

(d) In some states, like Tamil Nadu, Karnataka, Kerala, Andhra Pradesh,
Orissa, etc., measures in the form of an order for staying ejectments
have been adopted.

The measures relating to the security of tenure also restrict the
grounds on which a tenant can be ejected. Thus, a tenant can be
ejected Land Reforms and Land Tenure System, Since Independence.
on the following grounds : (a) Non -payment of rent, (b) performance
of an act which is destructive or permanently injurious to the land, (c)
suds-letting the land, (d) using the land for pur pose other than
agriculture; (e) resumption of land for personal cultivation.

Now all tenancies have been declared as Non resemble and
permanent and heritable rights have been granted.

c. Right of Ownership : Legislation provides for bringing tenants of
non-resemble lands it direct relationship with the state in the
following three ways : (a) by the declaring tenants as owners and
requiring them to pay compensation to owners in suitable instalments;
(b) through the acquisition by the state of the Landlord s rights and
bringing tenants into direct relationship with the State, option being
given to tenants continue as such on payment of fair rent to the munotes.in

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68 government or to acquire full ownership on payment of the prescribed
minimum.

The impact of these measures can be seen from the pattern of holding
that now emerged in the country. Agricultural census report pointed
out that, out the 70 million holdings in the country, 64 million or 92
per cent holdings are wholly owned and self -operated, 3 million
holdings are wholly leased, accounting for 4 per cent each. Out of 162
million hectares under the holdings, 148 million hectares or 91 per
cent hectares are wholly owned and self -operated: 10 million hectares
of six per cent hectares are partly owned and partly rented and the
balance 4 million of 3 per cent hectares is wholly leased. It is, thus,
obvious that, most of the holdings are now under self -cultivation and
the evil of sharecropping has been reduced to a very great extent. It is
because to high returns in self -cultivation and the owner cultivator
does not find it profitable to lease out land on sharecropping. In view
of increasing pressure of population on land and unemployment, the
leasing out of land is expected to be a rare phenomenon in further.

The practi ce of leasing out of land is adopted by those cultivators
who-do not possess required amount of labour and capital, otherwise
in view of the high return from land, leasing out and sharecropping is
considered unprofitable by owner cultivator.

4.3.9 Critic ism of Tenancy Reforms or Legislation.
Though considerable progress has been made in the field of tenancy
reforms, but because of serious deficiencies and loopholes, tenancy
legislation has been rendered ineffective. Some of the loopholes have
been discuss ed as below:

1. Share Croppers are not regarded as Tenants: In the first place,
the National Commission on Agriculture pointed out that the
definition of the term “tenant” generally excludes share -coppers
who form the great bulk of the tenant cultivators. M ost of the
leasing out is done in the form of sharecropping in all the States
and the exclusion of sharecroppers from the scope of tenancy
legislation deprives the millions of real tillers of the soil of the
protection and rights provided under tenancy ref orm measures.”
However, at present only 3% of the area is wholly leased out.

2. Ejection of Tenants: The National Commission on Agriculture
pointed out that, ejectment of tenants form their holdings is still
permissible on many ground such as, (a) Non -paymen t of rent, (b)
failure of payment within a given period, (c) failure to deliver
share of the produce within a specified time, (d) failure to
cultivate properly, and (d) failure to cultivate personally. This is
essentially a continuing hanging over of the f eudal system. Total
evocation form land is one of the besetting of evils present
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69 3. Voluntary Surrenders: The National Commission on
Agriculture also pointed out that, the provisions of voluntary
surrenders have become the biggest instrument i n the hands of
landowners to deprive tenants of their due protection. i.e., the
protection which has been granted under law. The so -called
voluntary surrenders are hardly ever voluntary. Landowners resort
freely to pressures and even coercion to secure sur renders in order
to get their tenanted lands vacated. Experience has shown that
implementation of tenancy laws has everywhere been
accompanied by large scale surrenders of tenancies which defeat
the very purpose of tenancy legislation

4. Resumption for pe rsonal Cultivation: The right of resumption
has become an instrument in the hands of unscrupulous.
Landowners for land garbing and unwarranted evictions of
tenants. This provision has in fact, indirectly created an
atmosphere for the growth of informal, or al and concealed
tenancies under which the actual cultivator is characterized as a
farm servant or agricultural labour.

5. Rents have not been regulated: It is said that tenancy legislation
has not been able to regulate rents as recommended by the Five
Year Plans, that s, one -fifth to none -fourth of the gross produce.
In fact, n certain States they have been fixed at higher level than
what was recommended in the Plans. For instance, Punjab and
Haryana, fair rent is fixed at one -third of the gross produce. In
Tamil Nadu, it is 40 per cent of the gross produce in irrigated
areas and one0third in other in other areas. In Andhra Pradesh, the
fair rent has been fixed at 30 per cent of the gross produce in
irrigated areas and one -third in other in other areas. In A ndhra
Pradesh, the fair rent has been fixed at 30per cent of the gross
produce for irrigated and 25 per cent for dry lands. Is also reveals
that all states have passed laws for fixing rent of cultivating
tenants but fair rents have not been defined uniform ly.

6. All tenants could not get Ownership Right: One of the principal
aims of tenancy reforms was to convert tenants into owners of
lands they cultivated. But the rates of compensation to be paid by
the tenants for acquiring ownership rights were generally very
high and beyond the paying capacity of tenants. Therefore, the
objective of conferring occupancy rights on as large a body of
tenants as possible could not materialize.

7. Condition to Acquire Occupancy Right: It was laid down in
tenancy legislation th at a tenant can acquire occupancy rights
provided he can prove continuous possession has holding for a
number of years. This provision totally negates the spirit f the
principle of land to the tiller, because under the peculiar character
of landlord -tenant s nexus in India, it is virtually impossible for an
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70 years. In fact, the landlord takes good care that the tenant is
unable to do so by manipulating land records, by not issuing rent
receipts an d by rotating tenancies yearly from plot to plot. The
burden of proof being on the tenant, the law, thus, becomes
virtually ineffective.

It should, however, be noted the most of the deficiencies have
been subsequently removed and loop -holes plugged. In f act, at
present the Indian agrarian structure is almost free from these
loopholes. Had it been done earlier it would have been better.
4.3.10 Conclusion.
The Tenancy and Land Act 1948 and the tightening Land Act 1 April
1957 gave land ownership to a numbe r of clans. In some villages, landlords
became landless. Although the acquisition of land for the landless should
lead to a slight change in their economic status, it cannot be said that the
law has changed much in Maharashtra. There were many loopholes in the
law.
4.4 CONSOLIDATION OF LAND HOLDING ACT
4.4.1 Introduction
Ever since man started cultivating the land with his ingenuity, he had a
natural desire to pass on the law of these reforms to his descendants. They
tried to improve the land for the permanent p rovision of their descendants,
but in time the joint family system began to decline in the country.
Divided descendants began to distribute their ancestral lands equally on
the basis of fertility. This division began to take place in each generation
so tha t the land began to be transformed into smaller pieces. Independence
In view of this, the government enacted the Mumbai Pieces Prohibition
Pieces Act 1947 with the objective of not making the farm land smaller
than the proportion. Falling small pieces of l and cause huge losses to
Related to agriculture community which affects the overall economy of
the country. The law was enacted by the government to ensure that it does
not become a small piece of land.
4.4.2 Definition:
In the post -independence period, th e idea of a small British family took
root in the Indian people. The inheritance law in the country has given
these ideas more leeway. Due to the increase in population, a farmer
should have as many roots as he has, after which his father's lands should
be divided according to the principle of fertility. This led to fragmentation
with the division of the land which resulted in the fragmentation of the
land. In view of this problem, the Government of India enacted a special
law under section 147, prohibiti ng the fragmentation of agricultural land
and enacting the Fragmentation and Fragmentation Act by fixing its size
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71 of farmland. Due to the small size of the plots of land, there were o bstacles
in improving the agricultural land.
The government had to consider the possibility of this issue becoming
more acute in the future. This was the result of the British joint family
system. The government felt the need to consider this matter seriously.
4.4.3 CLILING ON LAND HOLDINGS.
Ceiling on land holdings refers to the fixation of maximum size of a
holding that an individual cultivator or a house hold may possess. Beyond
maximum limit, all land belonging to the land -lords is taken away by the
Government to be redistributed among the landless labourers. Thus, the
imposition of ceiling on agricultural holdings is pre -eminently a re -
distributive measure. The idea basically is to ration land, a. crucial asset,
in such a way that, above a certai n maximum, the surplus land is taken
away from the present holders and is distributed to the landless or to the
small farmers. This will reduce wide disparities of income and wealth
found in the agrarian structure.
4.4.4 Case for Ceiling Land Holdings.
(a) Important Component of land Reforms: The National Commission
of Agriculture considered the imposition of ceiling land holding as
integral part of land reforms policy. It is f the view that, any land
reform programme is grossly inadequate and defective, it doe s not
provide for an upper limit on land holdings and for redistribution of
surplus among the land hungry population. The Commission is of the
view that such a measure is urgently called for in of the acute pressure
on land and meagre prospect of populatio n transfer from agriculture to
non-agriculture, the need for increasing agricultural output, and for
increasing employment in rural areas. Thus, First Five Year Plan
accepted the principle of ceiling on land holding and said, “that there
should be an upper limit to the amount of land that an individual may
hold.”

(b) Social Justice: Ownership and cultivation of land determine the
economic and social relationship with the rural society. For building
up a progressive rural economy, disparities in the ownership of land
should be greatly reduced for in Indian conditions disparities in the
distribution of wealth are inconsistent with economic progress. Thus,
the Second Five Year Plan recommended ceiling legislation for giving
t the rural poor “a sense of opportunity equal with other sections of the
community.” Thus, provide a sense of social justice and greater
opportunities to the rural poor. The Panel on Land Reforms set up but
the Planning Commission in 1955, recommended enactment of ceiling
legislation “for reduci ng inequalities inland ownership and income for
satisfying land -hunger of rural poor and for providing greater
opportunities for self -employment.” It, is thus, obvious that enactment
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72 (c) Economic Development: It is said that, the policy of ceiling on land
holdings will accelerate that rate of economic development, since
ceiling policy will lead to the emergence of a small peasant class, i.e.,
peasants holding small holdings. These small peasants will work with
enthusiasm, give his best to the land and take the maximum out of it.
Thus, it will lead to maximum production of agricultural goods and
maximum employment of rural population. The production per hectare
is greater on sm all holding than that on large holdings. It means an
increase in incomes of population. Increased agricultural incomes
create market demand for industrial consumption goods thereby
providing a stimulus to industrialization and market development. The
inter-action between agricultural and non -agricultural sectors
facilitates the growth of both.

(d) Increase in Employment : The policy of ceiling has also been
justified on the ground that it increased the number of small holding
and thus absorbs the surplus labou r force, i.e., it increases employment
opportunities. Since, the production per hectare on small holding is
greater than that of large holding; it also increases production and
incomes of rural population. Hence, ceiling should be imposed on big
agricultur ists and the land thus acquired to landless labourers, to whom
it may provide a source of sustenance and livelihood.

(e) Hunger for Land: There is a great love for land in almost all
countries of the world, but this love is far greater in developing
countrie s like India, since land is regarded as an asset of a permanent
land Reforms and Land Tenure Systems, Since Independence.

Fix value and is considered as the best source of livelihood. It provides a
sense of social security into the minds of rural masses. This demands the
distribution of land into as large a number of people as possible. Hence,
the policy of ceiling has been justified. Besides, increasing pressure on
land leads to tensions among various groups of the agrarian economy,
since the concentrati on of land into the hands, of few generate a feeling of
haves and have not. To reduce this tension, it is essential to distribute land
equitable among different sections of the society.

(f) Cooperative Farming: Reduction of disparities in the ownership of
land is also essential for the development of a cooperative rural
economy for cooperation thrives best in homogeneous groups in which
there are no large inequalities. Thus, small farmers and landless
agricultural labourers among whom surplus land is being dist ributed
provides an opportunity to develop farming on cooperative lines, so as
to get the advantages of large scale farming and get rid of the
disadvantages of small farming. As development proceeds along these
lines, opportunities for diversified employme nt are opened up. This
will increase employment and growth both.

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73 4.5 SUMMARY
Land is an important factor in human life. Land plays an important role in
the development process. During the course of human evolution, the
importance of land increased and land reform developed over time.
Mahalwari,Rayatwari,zamindari system came into existence in the
country. In the British era, the landlord system did injustice to the clans
and a hefty amount will be recovered from the clans. This led to extortion
of clan s. The British tried to exacerbate the problem. Lord Cornwallis
tried to get the clans into trouble by introducing perpetual methods. Land
retention was one of the first objectives of self -government in the post -
independence period. The idea of land refo rm had been in the Congress
cabinet since 1939. While trying to improve the land in the post -
independence period, the government had set the objectives of 1)
Abolition of Zamindari system 2) Clan rules 3) Maximum limit on land
holding 4) Prevention of frag mentation 5) Active reward for co -operative
agriculture.
An important step in this land reform was the enactment of the Clan Act of
1948 to provide solar protection to the clans. Millions of families became
landowners. On April 1, 1957, the government pass ed an effective
decision on his land. The ownership of the land by the clans inspires them
to manage the land well. In 1961, the government tried the Maximum
Land Retention Act. It was decided how much land each landholder
should have in the state of Mahar ashtra.The aim was to make the landless
and marginalized feel like extra land. This law could not be implemented
as a result due to some unavoidable reasons.
4.6 EXERCISE
* Descriptive:
1. Explain the Important Component of land Reforms
2. Explain the nat ure of aggregation in fragmentation and fragmentation
law.
3. Explain the Measures of Tenancy Reforms.
* Shorts notes:
a) Features of Ceiling Act.
b) Land transfer uninterrupted
c) The nature of the lucrative piece of farmland.
* MCQs:
i) Which state ini tiated the eradication of Zamindari system?
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74 ii) Who brought up the Mahalwari system?
a) William Bentinck. b) L. Cornwallis c) Sir John Shore d) None of
the above .
iii) Who started the Zamindari system?
a) John Shore b) L. Cornwallis c)Lord Minto d) William Bentinck
4.7 REFERENCES:
 Agrawal A.N., wishwaprakashan, 20th edition, Indian Economy.
Problems of Development and planning

 Dr. B.P. Tyagi, Agricultural economics, and Rural Development

 Indian Agriculture Institutional perspective

 Appu.P.S.“ Tenancy reform In India” Economic and Political Weekly,

 Khusro, A.M., Economics of land Reform and farm size in India,
Delhi, Macmillan.

 A.S.Sirohi, 1986, Agrarian Reforms and Institutional Changes in
India. Concept publishing company. New Delhi

 National Commission on Agriculture, 1976 Report on Agrarian
Reforms. No. XV, Government of India

 Planning Commission, 1973, Task force on Agrarian Relations
Government of India.

 Jaminsudharnakayde, Bhuskute, MukundPrakashan

 Agriculture Economics, R.G. Desai, Himalaya Publishing House,
Mumbai -400004









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75 5

LAW RELATED TO RURAL
AREA - PART -I
Unit Structure
5.1 Introduction.
5.2 Objectives of the Lesson
5.3 Concept
5.4 Law Related t o Tribal Community Land
5.5 Prevention of Atro cities Act (Against Sc/St) 1989
5.6 Pesa- Act, 1996
5.7 Forest Land - Forest Right Act
5.8 The Forest Conservation Act 1980 (Amendments Made In 1988 )
5.9 Forest Right Act 2006
5.10 Summary
5.11 Keywords
5.12 Unit End Questions
5.13 References
5.1 INTRODUCTION

Today more than half of Indian population lives in rural areas. The social
welfare of India depends on the abundance of the villages. After
independence in India, the conditions of the rural areas have been
improved a bit. There are so many problems that the people in rural areas
facing. For solving these problems both the government and the people
have to take some serious steps. Before the main topic here once again we
have to see the meaning of rural development and today’s situation of the
rural area and especially tribal community in brief.

Rural deve lopment is the process of improving the quality of life and
economic well -being of people living in rural areas. According to 2011
Census 68.84% of population lives in villages. The backwardness of the
rural sector would be a major impediment to the overal l progress of the
economy. India is predominately an agricultural country and farming is
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76 estimated 61.5% dependent on agriculture. Technical developments in
field of agriculture have increased the gap between the rich and poor, as
the better off farmers adopted modern farm technology to a greater extent
than the small farmers. The all India Rural Credit Review Committee in its
report warned “If the fruits of development continue to be denied to the
large sections of rural community, while prosperity accrues to some, the
tensions social and economic may not only upset the process of orderly
and peaceful change in the rural economy but even frustrate the national
affords to set up agricu ltural production.’’ Report of the All India Rural
Credit Committee, New Delhi, 2003 has rightly pointed out that a purely
agricultural country remains backward even in respect of agriculture. Most
of the labour force in India depends on agriculture, not b ecause it is
remunerative but because there are no alternative employment
opportunities. This is a major cause for the backwardness of Indian
agriculture.

The backwardness of Indian agriculture also effect on the development of
Adivasi community in most p art of India.
5.2 OBJECTIVES OF THE LESSON
There are main few objective of the lessons are:
1. To understand the meaningof PESA its Provisions.
2. The lesson has aim of understanding provisions in constitution for
tribal people.
3. To understand the land related is sues of Tribal community in the
country.
4. To know about Forest right Act.
5. To know about the changing pattern use of forest land all over the
country.
5.3 CONCEPT
RURAL AREA :A rural area or countryside is a geographic area that is
located outside towns and cities. Often called "the country," have low
population density and large amounts of undeveloped land .

TRIBAL COMMUNITY: is a social group having many clans, nomadic
bands and other sub groups living on a definite geographical area having
separate langua ge, separate and singular culture.

SCHEDULED TRIBES: "such tribes or tribal communities or parts of or
groups within such tribes or tribal communities as are deemed under
Article 342.




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77 5.4 LAW RELATED TO TRIBAL COMMUNITY LAND:
Introduction:
Caste is defined as a set of families bearing a standard of name claiming
standard mythical ancestors, human or divine, with professing to follow
the hereditary calling of forming a homogeneous community. Every caste
has its organizational structure referred to pan chayats in down rules and
regulations, which were obeyed by caste members. In rural life, there is a
dominant position in social, political, and economic fields of castes. These
rights and privileges together decreased in descending order of caste
hierarch y. In Indian history due to ancient class system these downtrodden
communities also suffer a lot.
Adivasi , (Hindi: “Original Inhabitants”) official name (in
India) Scheduled Tribes , any of various ethnic groups considered to be
the original inhabitants of the Indian subcontinent. There are over 700
Schedule Tribes in India according to The National Commission for
Schedule Tribes. Schedule Tribes are classified as marginalized
communities on the basis of geographical isolation. The National
Commission for scheduled tribes explain : primitiveness, geographical
isolation shyness and social educational and economic backwardness due
to these reasons are the trades that dish English that distinguish sch eduled
tribe communities well for country from other communities.Further the
minister of tribal affairs also realize a list of 75 tribes that fall into
Particularly Vulnerable Tribal Groups ( PVTGs)classification, from 18
states and union territories acros s the country. The ministry carries out
specific welfare initiatives for the protection of PVTGs based on
recommendations by the state, which are not extended to all Scheduled
Tribes.
What Provisions Were createdin constitution to Protect Scheduled
Tribes?
Most of the rights and protections assured to members of Scheduled Caste
communities are extended to members of Scheduled Tribes.
Article 342 gives the President the power to notify those communities in
specific regions that fall under the classification of Scheduled Tribes.





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78 Table No. : 1
List of Particularly Vulnerable Tribal Groups in India
S.N Name of the
States /UT Name of PTG S.N Name of the
States /UT Name of PTG
1. BodoGadaba Karnataka 27. JenuKuruba 53. LanjiaSaura
2. BondoPorja 28. Koraga 54. Lodha
3. Chenchu Kerala 29. Cholanaikkan 55. Mankidia
4. DongriaKhond 30. Kadar 56. PaudiBhuyan
5. GutobGadaba 31. Kattunayakan

Odisha
57. Sauura
6. KhondPorja 32. Koraga Rajasthan 58. Saha ria
7. Kolam 33. Kurumba 59. Irular
8. KondaReddi M. P. &
Chhattisgarh 34. Abujh Mar ia 60. KattuNayakan
9. KondaSavara 35. Baiga 61. Korumba
10. KutiaKhond 36. Bharia 62. Kota
11. ParengiPorja 37. Birhor 63. Paniyan





Andhra
Pradesh and Tela
ngana
12. Thoti 38. Hill Korwa


Tamil Nadu
64. Toda
13. Asur 39. Kamar Tripura 65. Riang
14. Birhor 40. Saharia 66. Buksa
15. Birjia 41. Kathodi 67. Raji
16. Hill Kharia 42.Kolam/Katkari Uttar
Pradesh &
Uttrakhand

17. Korwas
Maharashtra
43. Maria
Gond/Katkari 68. Birhor
18. Mal Paharia Manipur 44. Maram Naga 69. Lodha
19. Parhaiya 45. Birhor
West Bengal
70. Toto
20. SauriaPaharia 46. Bondo 71. Great
Andamanese


Bihar & Jharkha
nd
21. Savar 47. Chuktia Bhunjia 72. Jarawa
22. Kathodi 48. Didayi 73. Onge
23. Kolgha 49. DongriaKhond 74. Sentinelese
24. Kotwalia 50. Juang 75. Shom Pen
25. Padhar 51. Kharia

Gujarat
26. Siddi
Odisha
52. KutiaKhond Andaman &
Nicobar
Islands

Ref: Wikipedia, the free encyclopaedia.
Apart from th e fundamental rights under Articles 15, 16 and others which
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79 place of birth, the other provisions protecting the fundamental rights of
Scheduled Tribes are as follows.
Article 46 directs the state to work for the welfare and promotion of the
interests of Scheduled Tribes, and to take steps to safeguard their interests.
Additionally, articles 243 D, 243 T, 330, and 332 promise proportionate
reservations of seats for both Scheduled Cas tes and Scheduled Tribes in
Panchayats, Municipalities, State Legislative Assemblies, and the
LokSabha.
Article 338A directs the state to create a National Commission for
Scheduled Tribes, to oversee the implementation of the provisions and
safeguards of t he rights of Scheduled Tribes in India.
Apart from the rights under the Constitution, the Scheduled Castes and
Tribes (Prevention of Atrocities Act ) also extends protection to
Scheduled Tribes.
Article 164 also provides for the appointment of a minister in charge of
tribal welfare in the states of Chhattisgarh, Jharkhand, Madhya Pradesh
and Orissa, who may also be in charge of the welfare of the Scheduled
Castes and backward classes or any other work.
The Fifth Schedule of the Constitution outlines the prov isions for
administration of Scheduled areas. It assures the establishment of Tribes
Advisory Councils, with three -fourths representation from the tribes in the
area, in states with Scheduled Tribes but without Scheduled Areas. The
council’s duties include to advice on matters of welfare and advancement
of the tribes.
The Sixth Schedule of the Constitution provides for the administration of
tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the
rights of the tribal population in these states . This special provision is
provided under Article 244(2) and Article 275(1) of the Constitution .
On the base of the above constitutional provision fallowing laws are there
to protect rights of Tribal communities.
5.5 PREVENTION OF ATROCITIES ACT (AGAINST
SC/ST) 1989.
The Scheduled Castes and Tribes (Prevention of Atrocities)Act, 1989 was
enacted by the Parliament of India (Act 33 of 1989), to prevent atrocities
against scheduled castes and scheduled tribes. The Act is popularly known
as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the
Atrocities Act. The SCs and STs (Prevention of Atrocities) Act, 1989 with
stringent provisions (which extends to whole of India except the State of
Jammu &Kashmir) was enacted on 9 September 1989. Section 23 (1) of
the Act authorises the Central Government to frame rules for carrying out
the purpose of the Act. The purpose of the Act was to help the social
inclusion of Dalits into Indian society, but the Act has failed to live up to
its expectations. The Schedu led Castes and Scheduled Tribes (Prevention
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80 enacted in order to prevent the commission of atrocities against members
of Scheduled Castes and Scheduled Tribes and to provide for specia l
courts for the trial of offence under the said Act as also to provide for the
relief and rehabilitation of victims of such offences ―Atrocity has been
defined under section 2 of the said Act to mean an offence punishable
under section 3.
Main provisions of the Act are as under. -
(i) Defines offences of atrocities and prescribes punishment there for,
(Section 3).
(ii) Punishment for wilful neglect of duties by non -SC/ST Public servants
(Section 4)
(iii) Designating for each District a Court of Session as a Special Court for
speedy trial of offences under the Act (Section 14).
(v) Appointment of Public Prosecutors/Special Public Prosecutors for
conducting cases in special courts (Section15).
(vi) Preventive action to be taken by the law and order machinery
(Section 17).
Salient provisions of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Rules, 1995 notified under the POA Act are
as under: -
1. It defines various types of atrocities against the SCs/STs.These include
forcing an SC or ST person from drinking or eating any inedible or
obnoxious substance; forcibly removing clothes; parading him/her
naked or with p ainted face or body; compelling to do ‗beggar‘ or other
forms or forced labour.
2. There are stringent punishments prescribed for such acts of atrocities.
3. Crimes committed by non -SCs or STs are considered as severe offences
whereas there is no mention o f any crimesdone by the SCs or STs
themselves.
4. It provides for compensation, rehabilitation and relief for victims of
such atrocities.
5. It also makes provisions for setting up a mandatory, periodic monitoring
system at the district, state and national levels.





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81 5.6 PESA -ACT, ( PANCHAYATS EXTENSION TO
SCHEDULE AREAS ACT -1996)

youtube.com
Introduction
PESA is a law enacted by Government of India to cover the “Scheduled
Areas”, which are not covered in the 73rd Constitutional amendment.This
particular ac t extends the provisions of Part IX to the Scheduled Areas of
the country. PESA brought powers further down to the Gram Sabha
level.The Gram Sabha in the Panchayat Act were entrusted with wide
ranging powers starting from consultation on land acquisition t o that of
ownership over minor forest produces and leasing of minor minerals.
PESA became operative at a time when Indian economy was opening up
all its frontiers to foreign direct investment. The mining sector, which is
mostly located in the scheduled are as of the country where PESA operates,
were made open to MNCs and the Indian Corporate sector for exploitation
of mineral resources at a throwaway price.
One of the highlighting features of PESA is its suggestion that, every
Gram Sabha shall be competent t o safeguard and preserve the traditions
and customs of the people, their cultural identity, community resources
and the customary mode of dispute resolution
Full Form (Definition): Panchayats Extension to Schedule Areas
Act,1996 .(Power of Gram Sabhain Triba l Area)
Salient Features of PESA
1. A village may consist of one or more habitations or hamlets
comprising a community and managing its affairs in accordance with
traditions and customs.

2. Every village shall have its own Gram Sabha.
• Reservation of sea ts for STs shall not be less than half of total seats.
• Seats of Chairpersons of Panchayats at all levels reserved for STs.
• Government may nominate persons belong to ST which have no
representation in Panchayat at IP or DP not to exceed one –tenth.
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82 3. State may endow Panchayat with power and authority to function
institution of self -government and contain safeguards to ensure
Panchayats at higher levels do not assume power and authority of
Panchayat at lower level or Gram Sabha.

4. Shall endow to follow pattern of Sixth Schedule for district levels.

5. Powers exclusive to Gram Sabha Gram Sabha is “competent” to
safeguard and preserve the….
(a) Traditions and customs of people and their cultural identity
(b) Community resources, and
(c) Customary mode of dispute resolution

6. Gram Sabha has mandatory executive functions to
❖ approve plans, programmes and projects for social and economic
development
❖ identify persons as beneficiaries under poverty alleviation and other
programmes.
❖ Issue certif icate of utilization of funds by Panchayat for plans;
programmes and Projects.

7. Powers endowed to Gram Sabha and Panchayat at appropriate level
to…
• regulate sale/consumption of intoxicants
• Ownership of minor forest produces
• prevent land alienatio n and restore alienated land.
• manage village markets.
• Control over money lending to STs.
• Control over institutions and functionaries in social sector, local plans
including Tribal sub -plans and resources

Importance of PESA

1. Implementation of PESA ensures that panchayats and gram sabhas
would be benefited by way of ownership of resources and rights in the
scheduled areas in true sense and help in realisation of self -reliance in
the villages

2. PESA Act helps in implementation of various provisions fo r self -rule
for village communities in scheduled areas.

3. The Act provides solution to many issues such as tribal land alienation,
deprivation of rights on minor forest produce, lack of control of the
residents over natural resources.

4. PESA was enacted to cover the "Scheduled areas", which are not
covered in the 73rd amendment or Panchayati Raj Act of the Indian
Constitution.

5. Forest Rights Act 2006 also has a potential to change the way forests
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83 5.7.FOREST LAND - FOREST RIGHT ACT.

youtube.com
Introduction
Policies are guidelines for the government and the people and help in
making various decisions. Forests are a vital part of any nation, not only
for the commercial value, but also for the quality of life that it guarantees.
Hence it was considered imperative, even during the British Rule, that
India must have a Forest Policy.The British were the first to officially
recognize the natural wealth of India and it was they who initiated the
process of forming a forest policy during the second half of the 19th
century.Their scheme was to plunder the natural wealth of the nation as
much as possible, since timber trade was a highly lucrative trade during
those times. Hence, their policies were aime d at putting themselves in an
advantageous position and to exploit the resources to the extent possible.
Forest Policy after Independence:
India is one of the ten most forest -rich countries of the world. Together,
India and these other 9 countries account for 67% of total forest area of the
world. India's forest cover grew at 0.20% annually over 1990 –2000, and
has grown at the rate of 0.7% per year over 2000 –2010. Even after 71
years of our own policy forest degradation is a matter of serious concern.
5.8 THE FOREST CONSERVATION ACT 1980
(AMENDMENTS MADE IN 1988 ).
A new strategy of forest conservation has become imperative.
Conservation includes preservation, maintenance, sustainable utilisatio n,
restoration, and enhancement of the natural environment. It has thus
become necessary to review and revise the National Forest Policy, with
following objectives:
 Maintenance of environmental stability through preservation and,
where necessary, restorat ion of the ecological balance that has been
adversely disturbed by serious depletion of the forests of the country.

 Conserving the natural heritage of the country by preserving the
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84 which represent the remarkable biological diversity and genetic
resources of the country.

 Checking soil erosion and denudation in the catchment areas of rivers,
lakes, reservoirs in the "interest of soil and water conservation, for
mitigating floods and droug hts and for the retardation of siltation of
reservoirs.

 Checking the extension of sand -dunes in the desert areas of Rajasthan
and along the coastal tracts.

 Increasing substantially the forest/tree cover in the country through
massive afforestation and social forestry programmes, especially on all
denuded, degraded and unproductive lands.
 Meeting the requirements of fuel -wood, fodder, minor forest produce
and small timber of the rural and tribal populations.

 Increasing the productivity of forests to m eet essential national needs.

 Encouraging efficient utilisation of forest produce and maximising
substitution of wood.
STRATEGIES OF THE POLICY:
A) Area under Forests : The national goal should be to have a minimum
of one -third of the total land area of the country under forest or tree cover.
In the hills and in mountainous regions, the aim should be to maintain
two-third of the area under such cover in order to prevent erosion and land
degradation and to ensure the stability of the fragile eco -system.
B) Afforestation, Social Forestry & Farm Forestry: A massive need -
based and time bound programme of afforestation and tree planting, with
particular emphasis on fuel wood and fodder development, on all degraded
and denuded lands in the country, whether fore st or non -forest land, is a
national imperative.
C) Management of State Forests: The Central Government should issue
necessary guidelines to the State Governments in a prescribed format and
in keeping with the National Forest Policy.
D) Rights and Concessi ons: The rights and concessions, including
grazing, should always remain related to the carrying capacity of forests.
The capacity itself should be optimised by increased investment,
silvicultural research and development of the area. The rights and
conces sions from forests should primarily be for the bonafide use of the
communities living within and around forest areas, specially the tribal.
The life of tribal and other poor living within and near forests revolves
around forests. The rights and concessions enjoyed by them should be
fully protected.
E) Diversion of Forest Lands for Non -forest purposes: Forest land or
land with tree cover should not be -treated merely as a resource readily
available to be utilised for various projects and programmes, but as a munotes.in

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85 national asset which requires to be properly safeguarded for providing
sustained benefits to the entire community. Diversion of forest land for
any non -forest purpose should be subject to the most careful examinations
by specialists from the standpoint of social and envir6nmental costs and
benefits.
F) Wildlife Conservation: Forest Management should take special care
of the needs of wildlife conservation, and forest management plans should
include prescriptions for this purpose. It is especially essential to provide
for "corridors" linking the protected areas in order to maintain genetic
continuity between artificially separated sub -sections of migrant wildlife.
G) Tribal People and Forests: Having regard to the symbiotic
relationship between the tribal peo ple and forests, a primary task of all
agencies responsible for forest management, including the forest
development corporations should be to associate the tribal people closely
in the protection, regeneration and development of forests as well as to
provi de gainful employment to people living in and around the forest.
While safeguarding the customary rights and interests of such people,
forestry programmes should pay special attention to the following: • One
of the major causes for degradation of forest is illegal cutting and removal
by contractors and their labour. In order to put, an end to this practice,
contractors should be replaced by institutions such as tribal cooperatives,
labour cooperatives, government corporations, etc. as early as possible; •
Protection, regeneration and optimum collection of minor forest produce
along with institutional arrangements for the marketing of such produce; •
Development of forest villages on par with revenue villages; • Family
oriented schemes for improving the statu s of the tribal beneficiaries; and
Undertaking integrated are a development programmes to meet the needs
of the tribal, economy in and around the forest areas, including the
provision of alternative sources of domestic energy on a subsidised basis,
to redu ce pressure on the existing forest areas.
H) Shifting Cultivation; shifting cultivation is affecting the environment
.and productivity of land adversely. Alternative avenues of income,
suitably harmonised with the right land use practices, should be devised to
discourage shifting cultivation. Efforts should be made to contain such
cultivation within the area already affected, by propagating improved
agricultural practices. Area already damaged by such cultivation should be
rehabilitated through social forest ry and energy plantations.
I) Damage to Forests from Encroachments, Fires and Grazing :
Encroachment on forest lands has been on the increase. This trend has to
be arrested and effective action taken to prevent its continuance. There,
should be no regularis ation of existing encroachments.
The incidence of forest fires in the country is high. Standing trees and
fodder are destroyed on a large scale and natural regeneration annihilated
by such fires. Special precautions should be taken during the fire season .
Improved and modern management practices should be adopted to deal
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86 J) Forest -based Industries: The main considerations governing the
establishment of forest -based industries and supply of raw material to
them should be as follows:
i) As far as possible, a forest -based industry should raise the raw material
needed for meeting its own requirements, preferably by establishment of a
direct relationship between the factory and the individuals who can grow
the raw material by supporting the individuals with inputs including credit,
constant technical advice and finally harvesting and transport services.
ii) No forest -based enterprise, except that at the village or cottage level,
should be permitted in the future unless it has been first clear ed after a
careful scrutiny with regard to assured availability of raw material. In any
case, the fuel, fodder and timber requirements of the local population
should not be sacrificed for this purpose.
iii) Forest -based industries must not only provide emp loyment to local
people on priority but also involve them fully in raising trees and raw -
material.
iv) Natural forests serve as a gene pool resource and help to maintain
ecological balance. Such forests will not, therefore, be made available to
industries for ' undertaking plantation and for any other activities.
v) Farmers, particularly small and marginal farmers, would be encouraged
to grow, on marginal/degraded lands available with them, wood species
required for industries. These may also be grown along with fuel and
fodder species on community lands not required for pasture purposes, and
by Forest department/corporations on degraded forests, not earmarked for
natural regeneration.
vi) The practice of supply of forest products to industry at concessional .
prices should cease. Industry should be encouraged to use alternative raw
materials. Import of wood and wood products should be liberalised.
vii) The above considerations will, however, be subject to the current
policy relating to land ceiling and land -laws.
K) Forestry Education: Forestry should be recogr1ised both as a
scientific discipline as well as a profession. Agriculture universities and
institutions, dedicated to the development of forestry education should
formulate curricula and courses for imp arting academic education and
promoting postgraduate research and professional excellence, keeping in
view the manpower needs of the country.
L) Forestry Research: With the increasing recognition of the importance
of forests for environmental health, energ y and employment, emphasis
must be laid on scientific forestry research, necessitating adequate
strengthening of the research base as well as new priorities for action.
M) Forest Survey and Data Base: Inadequacy of data regarding forest
resources is a matt er of concern because this creates a false sense of
complacency. Priority needs to be accorded to completing the survey of munotes.in

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87 forest resources in the country on scientific lines and to updating
information. For this purpose, periodical collection, collation a nd
publication of reliable data on relevant aspects of forest management
needs to be improved with recourse to modern technology and equipment.
5.9 FOREST RIGHT ACT 2006
Provisions in Forest land - Forest right Act 2006.
1. The Act recognises and vests rig hts and occupation in forest land in
forest dwelling Scheduled Tribes and other traditional forest -dwellers
who haveresided in such forests for generations but whose rights were
not recorded.
2. The Act provides for recognition of forest rights of other tr aditional
forest dwellers provided they have for at least three generations prior
to13.12.2005 primarily resided in and has depended on the forest or
forestlands for bona -fide livelihood needs. A generation would mean
a period of 25 years.
3. The cut -off d ate for the recognition and vesting of forest rights under
the Act will be 13.12.2005.
4. The Act provides for the ceiling of occupation of forestland for
purposes of recognition of forest rights to the area under occupation
and in no case exceeding an are a of four hectares.
5. The Act provides for conferring rights in national parks and sanctuaries
habitat.
6. The Act provides for the right to hold and live in forest land under
individual or common occupation for habitation or for self -cultivation
for live lihood by a member or members of forest -dwelling Scheduled
Tribes and other traditional forest -dwellers.
7. The Act recognises the right of ownership access to collect; use and
dispose of minor forest produce which was traditionally collected
within or out side village boundaries. The Act defines minor forest
produce to include all non -timber forest produce of plant origin,
including bamboo, brush wood,stumps, cane, cocoons, honey, wax,
lac, tendu or kendu leaves,medicinal plants and herbs roots and
tubers.
8. The Act recognises the right to in situ rehabilitation including
alternative land in cases where Scheduled Tribes and other traditional
forest -dwellers have been illegally evicted or displaced from
forestland of any description without granting their l egal entitlement
to rehabilitation prior to 13.12.2005.
9. The Act provides for forest rights relating to government providing for
diversion of forest land for schools, hospitals, anganwadis, drinking
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88 10. The rights conferred under the Act are heritable but not alienable or
transferable and to be registered jointly in the name of both spouses in
the case of married persons and a single head in the case of
households headed by a single person. In the absence of a direct heir
the heritable right shall pass on to the next of kin.
11. The Act provides that no member of a forest -dwelling Scheduled
Tribes or other traditional forest -dwellers shall be evicted or removed
from forest land under his occupation until the recognition and
verification procedure is completed.
12. Gram sabha have been designated as competent authorities for
initiating the process of determining the nature and extent of
individual or community forest rights or both that may be given to
forest dwellers.
5.10 SUMMARY:

India is one of the ten most forest -rich countries of the world. Together,
India and these other 9 countries account for 67% of total forest area of the
world. We have learnt and experience forest is the lunges o f the earth.
Each one of us needs to take efforts to protect and conserve the forest.
Same way tribal community on earth also teaches way of life with
protecting the environment, their right of life should not ignore.

5.11 NEWWORDS

Dalits Oppressed or broken .
Anganwadis Rural child care centre in India
Tendu Type of Tree

5.12 UNIT END QUESTIONS
Descriptive:
i) Explain the various features of PESA ACT.
ii) Write detail note on Forest Right Act -2006.
iii) State the various Constitutional and Legal provisions for Tri bal in
brief.

MCQs:

i) PESA provides the right to….
A. Gram Sabhas
B. Dalit
C. Leader
D. Cooperative Society
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89 A. Grampanchayat.
B. District
C. State government.
D. Central Government.
iii) The main objective of the co -operative movement is....
A. Welfare of Public.
B. Development of Leaders.
C. Development of Democracy.
D. Population Control.
5.13 REFERENCES:
 Forest (Conservation) Act, 1980 with Amendments Made in 1988.
 Forest Rights, Advocacy Internet, Vol. 6, Issue No. 6, November –
December, 2006.
 Forest Right Act, Chaudhari Publications
 PESA Act 1996 Chaudhari Publications.
 https://thefactfactor.com/facts/law/legal_concepts/indian_judiciary /d
istrict -courts/844 .
 https://www.yourarticlelibrary.com/essay/essay -on-rural -
factionalism -in-india -2040 -words/4882 .
 https://www.yourarticlelibrary.com/essay/indias -rural -life-
sociological -characteristics -of-indias -rural -life/31949 .
 http://www.legalservicesindia.com/article/1079/Vulnerable -Groups -
in-India —Status, -Schemes, -Constitution -of-India.html



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90 6
LAW RELATED TO RURAL
AREA - PART -II
Unit Structure
6.1 Introduction

6.2 Objectives of the lesson

6.3 Concept

6.4 Bio-Diversity Act. - Natural Conservation 2002

6.5 Provisions in the Natural Conservation Act -2002

6.6 Co-Operative Act – 2004 -2012

6.7 The Maharashtra Co -Operative Societies Act, 1960

6.8 Importance of Co -Operation

6.9 Summary

6.10 Keywords

6.11 Unit End Questions

6.12 References

6.1. INTRODUCTION

Rural development aims at improving rural people’s livelihood in an
equitable and sustainable ma nner, both socio -economic and
environmentally. In the development process Indian government has many
provisions including laws on the base of constitution. If we try to analyse
the different laws in the country, some laws are specifically meant for the
rural / tribal community. Which are extremely required for the
improvement of the rural life? In the chapter we are going to learn
concepts and few laws related to rural area.

6.2. OBJECTIVES OF THE LESSON

 To make students understand the meaning of bio -diversity.
 Need to see the relation in between the biological factors.
 To understand importance of the bio -diversity in environmental
balance.
 Co-operative learning is important to b uild positive relationships
among students.
 Cooperative learning requires stud ents to engage in group activities. munotes.in

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91 6.3. CONCEPT
Bio-diversity: variety of life on Earth

Cooperation: cooperation is people working together to achieve common
goal.

Conservation: a careful preservation and protection of something
especially, natural reso urces.
6.4. BIO -DIVERSITY ACT - NATURAL
CONSERVATION 2002

Image Source - https://bit.ly/2z1aT0e
INTRODUCTION:

Biodiversity is the shortened form of two words "biological" and
"diversity". It refers to all the variety of life that can be found on Earth
(plants, animals, fungi and micro -organisms) as well as to the
communities that they form and the habitats in which they live. The term
Biodiversity coined by Walter G. Rosen in the year 1986.

Biodiversity plays a critical role in sustaining human populatio ns across
the globe. We depend on it for sustained food growth, for clean air and
water and for medicine and shelter. It is no surprise then that ecosystem
degradation threatens our most basic necessity – a healthy environment to
live and thrive in. This i s especially true of biodiversity hotspots, which
house some of the largest diversity of species in the world and provide
important life -support services to the people who live in and around them.

Important Provisions:
The Biological Diversity Act puts fo rth definitions, principles, appointed
authorities, procedures, mechanisms for conservation, access benefits, etc.,
all related to biodiversity. It also mentions an institutional structure to be
established for the same purpose.

Definition of Bio -divers ity.
The term “ biodiversity ” refers to the variety of life on Earth at all its levels,
from genes to ecosystems, and can encompass the evolutionary, ecological,
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92 As per the Section 36 the Central government has re sponsibilities such
as:
1. It is duty -bound for formulating national strategies, plans and
programmes to conserve and uphold the sustainable use of biological
diversity.
2. If any area rich in biological diversity or such resources seems to be
facing threats the n it is the central government’s responsibility of
notifying the respective state government and asking them to take
appropriate steps to prevent it.
3. Composing sectorial and cross -sectorial plans and policies, which are
practicable in the notified environ ment on the foundation of
integration of conservation and the sustainable use of biological
diversity.
4. The central government has to take measures for assessing the harmful
effects of upcoming projects on biodiversity and to either prevent it or
come up w ith techniques of diminishing such effects.
5. The central government must aspire to protect the traditional
knowledge holders and their knowledge with methods including
registration of such knowledge at the local, state or national levels, and
other measure s necessary for protection and so on.
The Act, especially with Sections 36 , 37 and 38 which relates to
developing national plans and programmes for the conservation of
biodiversity, powers given to state government to notify and preserve
areas of biodiversity, and with the authority of the Central Government to
notify spe cies that are dangerously endangered, on the verge of extinction,
threatened species, prohibiting their collection and so on. While
sustainable use of its component would indicate towards regularising the
use of natural resources and not exhausting it. Section 37 of the Act
involves the declaration of Biodiversity Heritage Sites with regard to
which the state government is required to notify about the areas of
biodiversity heritage in the Official Gazette under this Act. It proceeds to
protect the area rich with biodiversity in its natural surroundings. The
biodiversity -rich landscape and ecosystems brought under already legally
protected areas such as National Parks and Wildlife Sanctuaries in a
method similar to that of the declaration of Eco -sensitive area s as per
the Environment Protection Act (1986) . The Section also puts the
responsibility on the state government to compensate people or sections of
people econom ically affected by such declaration
6.5. THE ENVIRONMENT (PROTECTION) ACT, 1986, MAIN
PROVISIONS:
1. An Act to provide for the protection and improvement of environment
and for matters connected therewith.

2. It extends to the whole of India.
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93 3. “Environment” includes water, air and land and the inter -relationship
which exists among and between water, air and land, and human
beings, other living creatures, plants, micro -organism and property.

4. “Environmental pollutant” means any solid, liquid or gaseous
substan ce present in such concentration as may be, or tend to be,
injurious to environment.
Without any sort of prejudice, Section 38 of the Act requires the Central
Government, in deliberation with the concerned State Government,
notifying from time to time abou t species that are on the verge of
extinction or threatened species and prohibit its collection thereof for any
trade purpose and put to action appropriate steps for the preservation of
such species. Whereas, Section 39 empowers the Central Government to
designate repositories for biological material to be kept in safe custody.
OFFENCES AND PENALTIES
Put forth by Section 58 ,offences under this Act are cognizable and non -
bail able. Except for the Central Government or any authority authorized
by the government or any benefit claimant with his intention to make a
complaint, no court shall take cognizance of any offence under this Act or
rules as per Section 61 of the Act. No suit, prosecution or other legal
proceedings shall lie against the Central Government or any officer of the
Central Government or the State Government or any member, officer or
employee of the National Biodiversity Authority or the State Biodiversity
Board with regard to an action done in good faith as per Section 54 of the
Act. Provisions of this Act even being inconsistent with any other law in
force shall yet have effect and put to work as laid under Section
59.Offences punishable with imprisonment for a term which may extend
to five years or fine which may extend to ten lakh rupees or both.
Bio-diversity conservation and its Importance.
Biodiversity conservation is the protection and management of
biodiversity to obtain resources for sustainable development. Biological
variety pl ays very crucial role in the development of humans. Biodiversity
enriches our lives – it has economic, cultural, recreational, religious and
aesthetic importance across the world. We have celebrated it in art, music
and literature throughout history. More than 190 countries acknowledge its
importance to human populations through a show of support for
the Convention on Biological Society .

In the report of the National Academy of Sciences published in 1980, It is
said that, biodiversity in developing countries cannot be conserved over
the long run unless local peoples and national economies simultaneously
derive social and economic benefits. This will requi re not only improved
methods of resource management and the creation of products and
markets, but the development of economic paradigms involving new
institutions, incentives, and policies.
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94 Importance of Bio -diversity: Biodiversity is important to humans for
many reasons. Biodiversity is also considered by many to have
intrinsic value —that is, each species has a value and a right to exist,
whether or not it is known to have value to humans.

Biodiversity plays a key role in providing numerous irreplaceable services
to the people in following area of life.

Economic —biodiversity provides humans with raw materials for
consumption and production. Many livelihoods, such as those of farmers,
fishers and timber workers, are dependent on biodiversity.

Ecological life support —biodiversity provides functioning ecosystems
that supply oxygen, clean air and water, pollination of plants, pest control,
wastewater treatment and many ecosystem services.

Recreation —many recreational pursuits rely on our unique biodiversi ty,
such as bird watching, hiking, camping and fishing. Our tourism industry
also depends on biodiversity.

Cultural —the Australian culture is closely connected to biodiversity
through the expression of identity, through spirituality and through
aesthet ic appreciation. Indigenous Australians have strong connections
and obligations to biodiversity arising from spiritual beliefs about animals
and plants.

Scientific —biodiversity represents a wealth of systematic ecological data
that help us to understand t he natural world and its origins.

National importance —in national perspective bio -diversity improve
resource efficiency, could lead to new sources of economic opportunity
and growth, enhancing economic performance, while restoring and
protecting natural assets that are essential to long -term wellbeing.

6.6. CO -OPERATIVE ACT – 2004 -2012
Introduction:
The co -operative movement was introduced in India with the chief object
of making a breakthrough in the stagnation of the lives of the poor classes,
especial ly the vast majority of agriculturist who were groaning under the
heavy weight of indebtedness. The first Cooperative Credit Societies Act
was enacted in 1904.Subsequently a more comprehensive legislation
called the Cooperative Societies Act was enacted. T his Act provided for
the creation of the post of registrar of cooperative societies and
registration of cooperative societies for various purposes and audit.
After Independence, cooperatives assumed a great significance in poverty
removal and faster socio -economic growth. They became an integral part
of the Five Year Plans. As a result they emerged as a distinct segment in munotes.in

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95 Indian economy. In the First Year Plan it was specifically stated that the
success of the Plan would be judged among other things, by th e extent it
was implemented through cooperative organizations.
Definitions of co -operation
“Cooperation is a form of social interaction wherein two or more
persons work together to gain a common end.” -----Merrill and
Elbridge:
Co-operation simply means “working together for a common
purpose. This is a joint effort to help one another so as to
accomplish certain tasks that would benefit members of the group.”
HISTORY OF CO -OPERATION
The cooperative movement began in Europe in the 19th century, primarily
in B ritain and France. Robert Owen (1771 –1858) is considered as the
father of the cooperative movement. A Welshman who made his fortune
in the cotton trade, Owen believed in putting his workers in a good
environment with access to education for themselves and their children.
These ideas were put into effect successfully in the cotton mills of New
Lanark , Scotland . It was here that the first co -operative store was
opened. Although Owen inspired the co -operative movement, others –
such as Dr. William King (1786 –1865) – took his ideas and made them
more wor kable and practical. The credit of the cooperative movement also
goes to The Rochdale Society . The Rochdale Society of Equitable
Pioneers , founded in 1844, was an early consumer co -operative , and one
of the first to pay a patronage dividend , forming the basis for the
modern co-operative movement .[1] Although other co -operatives preceded
them,[2] the Rochdale Pioneers' co -operative became the prototype for
societies in Great Britain. The Rochdale Pioneers are most famous for
designing the Rochdale Principles , a set of principles of co -operation that
provide the foundation for the principles on which co -ops around the
world operate to this day. The model the Rochdale Pioneers used is a
focus of study within co-operative economics .
CO-OPERATIVE ACTS IN INDIA
The history of cooperatives in India is more than a hundred years old, but
actual process and firm establishment of cooperative movement started In
1901 by the Famine Commission. Famine Commission recommended the
establishment of Rural Agricultural Banks through the establishment of
Mutual Credit Associations, and such steps as were taken by the
Government of North Western provinces and Ou dh. The underlying idea
of a number of persons combining together was the voluntary creation of a
new and valuable security. A strong association competent to offer
guarantees and advantages of lending to groups instead of individuals
were major advantages . The Commission also suggested the principles
underlying Agricultural Banks. Taking cognizance of these developments
and to provide a legal basis for cooperative societies, the Edward Law
Committee with Mr Nicholson as one of the members was appointed by munotes.in

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96 the Government to examine and recommend a course of action. The
Cooperative Societies Bill, based on the recommendations of this
Committee, was enacted on 25th March, 1904. As its name
suggests, Cooperative Credit Societies Act, 1904.
The Cooperative Cred it Societies Act, 1904 provided for constitution of
societies, eligibility for membership, registration, liabilities on
members, disposal of profits, shares and interests of members,
privileges of societies, claims against members, audit, inspection and
enquiry, dissolution, exemption from taxation and rule making powe r.
All other operational and managerial issues were left to the local
governments namely to formulate suitable rules and model bye -laws of the
cooperative societies. The institution of the Regi strar, visualized as a
special official mechanism to be manned by officers with special training
and appropriate attitudinal traits to prompt and catalyse cooperative
development was the result of the Cooperative Societies Act of 1904. By
1911, there were 5,300 societies in existence with a membership of over 3
lakhs.
With the developments in terms of growth in the number of cooperatives,
far exceeding anticipation, the Cooperative Societies Act of 1912 became
a necessity and cooperatives could be organize d under this Act for
providing non -credit services to their members. The Act also provided for
Federations of cooperatives. With this enactment, in the credit sector,
urban cooperative banks converted themselves into Central Cooperative
Banks with primary cooperatives and individuals as their members.
Similarly, non -credit activities were also cooperatively organized such as
purchase and sales unions, marketing societies, and in the non -agricultural
sector, cooperatives of hand loom weavers and other artisa ns.
Cooperative Societies Act, 1912
Features of Cooperative Societies Act, 1912
1. Limited liability : the liability of members is limited. it's depends
upon the value of shares but it just by members. There for that
personal property is not used for payment o f society's debt.

2. Management: elected representatives of members from the
managing committee. The managing committee works according to
by law. Collective decision are taken after conducting meetings. The
organization is managed on democratic principles.


3. Service motive : the main motive of a cooperative organization is to
give service to the people. It is not profit oriented. Outmost
importance is given to the welfare of the people. In that sense, a
cooperative society differs from other form of organisat ion.

4. Profit: profits are made in the course of business after payment of
dividends to shareholders. A percentage of profit is always used for munotes.in

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97 the welfare of the people. A bonus is given to employees and as a
bonus on purchase made by members.

5. Separate le gal status : a cooperative society is formed according to
the cooperative society act 1912, which gives it independent eagle
status legal status. It is distinct from its members. Therefore it can
enter into the contract purchase property, at cetera in its n ame.

6. Equal voting rights: all the members in cooperative societies have
equal voting rights irrespective of the number of shares held by them.

7. Number of members: for the formation of the cooperative society.
There is no limit on maximum number of members .

8. Democratic principle: democratic democracy is followed in the
working of cooperatives. Equality of voting right is the main principle
of the organization. The principle of 1 member one vote is followed.
All members are equal in society.

9. Voluntary assoc iation an open membership: cooperative
organization is a voluntary association of individuals. Membership is
voluntary. Any person can become a member of the organization. No
difference is made on the basis of language, religion cast, etc. There
is an open membership. A person can become a member of is on free
will and terminate membership whenever he wants.

10. Registration: registration of a cooperative organization is
compulsory under the cooperative societies act 1912 put stop
registration is done accordin g to the act of every society every state.
In Maharashtra societies are registered under Maharashtra state
cooperative societies act 1960.

11. State support: cooperatives receive support from the government.
They are under the control and supervision of the s tate. All of them
are registered under the cooperative society’s act 1912. They get
corporate status. They get concessions from the government in
purchase of land, payment of tax, etc. They get legal and financial
assistance also.

6.7. THE MAHARASHTRA CO -OPERATIVE
SOCIETIES ACT, 1960.
Maharashtra Co -operative Societies Act, 1960 provides order and laws for
development of co -operative societies in the state of Maharashtra. This
Act was passed as a law by the Maharashtra legislative assembly in 1960
enacte d in the eleventh year of the Indian republic. It extends to the whole
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98 and liability of members and incorporation of duties and privileges of the
co-operative societies across the sta te.
Features and Characteristics of Cooperative Society act-1960:
1. Voluntary Association - The membership of cooperative societies is
voluntary. Anybody having a common interest is free to join a
cooperative society. The member can also leave the society any time
after giving a proper notice.
2. Equal Voting Rights - A cooperative society is based on the
principle of “one man one vote”. A member has only one vote
irrespective of the number of share(s) held by him. Thus, a co -
operative society runs on democratic p rinciples.
3. Separate Legal Entity - A cooperative society is required to be
registered under the Co -operative Societies Act. Registration
provides it a separate legal entity. Its existence is quite different from
its members. The death, insolvency or lunacy of a member does not
affect its existence. It can sue and be sued in its own name. It can
make agreements as well as purchase and sell property in its own
name.
4. Service Motive - A cooperative society is based on the service
motive of its members. Its main o bjective is to provide service to the
members and not to maximize profits. Earning profits is the most
important objective of other forms of business organization. It is not
so in the case of co -operatives.
5. Distribution of Surplus - Members are paid dividen d and bonus out
of the profits of the co -operative society. The bonus is given
according to the volume of business transacted by each member with
the co -operative society.For example, in a consumer co -operative
society, bonus is paid in proportion to the p urchases made by
members during a year. In a producers’ cooperative society, the
value of goods delivered for sale forms the basis of distributing
bonus.
6. State Control - Cooperative societies are subjected to regulation and
control by the government. In Ind ia a cooperative society can be
registered under the Cooperative Societies Act, 1912 or the State Co -
operative Societies Act.
7. Elimination of Middlemen - The main object of the cooperative
societies is to eliminate middlemen and to establish direct contact
between members and customers. This ensures availability of goods
at fair prices and minimizes unhealthy competition.
8. Cash Trading - Generally, a co -operative society buys and sells
goods on cash basis. Cash trading does not involve bad debts and
credit coll ection expenses. Thus, it helps the society to have a good
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99 9. Audit - Accounts of cooperative society are audited by the auditors
appointed by the Government under the supervision and control of
Registrar of Co-operative Societies.
10. Principle of Self and Mutual Help - Cooperative society promotes
the common interests of its members through self -help and mutual
help
11. Democratic Management - Annual General Meeting (AGM) of co -
operative society is held every year in which the managing
committee is elected, which manages the affairs of the co -operative
society.
12. Perpetual Existence - Existence cooperative remains unaffected by
the death, or insolvency of any of its members. Thus, it has perpetual
existence.
6.8. IMPORT ANCE OF CO -OPERATION
a) Cooperation helps society to progress: Progress can better be
achieved. through united action. Progress in science and technology,
agriculture and industry, transport and communication, etc., would not
have been possible without cooper ation. Persons who cooperate may
generate unbounded enthusiasm.

b) Cooperation is an urgent need of the present -day world: It is
needed not only among the indi viduals, associations, groups and
communities but also among the nations. It provides solution for many
international problems and disputes. Since interdependence is
widespread in all walks of life, cooperation is all the more needed.
Society advances through cooperation and declines in its ab sence.

c) It empowers local communities: When it comes to devel opment,
empowerment is a vital element in its success. Working with
communities and involving locals in the decision -making and
implementation of initiatives can empower them to assert control over
their own development, and help them access resources and capacity
needed to do so.

d) Teamwork encourages healthy competition: When you assemble a
group of goal -oriented people, they somehow see each other as a rival.
A healthy balance of friendly rivalry within the team won’t do much
harm, and could even benefit not just the organisation itself but even
the team members.

e) It increases creativity and innovation: The seeds of creativity and
innovation spring from the exchange of ideas that come from people of
different backgrounds. Progress in science, technology, art, literature
depends upon co operation.

f) Well -being of Society : Most competitive situations are h ighly
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100 anxiety. The fear or anger generated from being eliminated or losing
often causes embarrassment, tension and hostility. Cooperative
activities are non -threatening and non -judgmen tal. As a result, this
creates an atmosphere for relaxation and well –being –the foundation
for more genuine, healthy and playful fun.

g) Democratic organisation : A co -operative is a democratic
organisation, owned and controlled by its members for a shared
benefit. It is a distinct legal entity from its members or officers. this
structure encourages member contribution and shared responsibility.

h) All round development: Co-operation brings all round development
of individual as well as of society. Without this, t he very existence of
human society is impossible.
Cooperatives are community -based, rooted in democracy, flexible, and
have participatory involvement, which makes them well suited for
economic development (Gertler, 2001). The process of developing and
sustaining a cooperative involves the processes of developing a nd
promoting community spirit, Cooperatives are community -based, rooted in
democracy, flexible, and have participatory involvement, which makes
them well suited for economic development (Gertler, 2 001). The process
of developing and sustaining a cooperative involves the processes of
developing a nd promoting community spirit, Cooperatives are community -
based, rooted in democracy, flexible, and have participatory involvement,
which makes them well sui ted for economic development (Gertler, 2001).
The process of developing and sustaining a cooperative involves the
processes of developing a nd promoting community spirit, Cooperatives are
community -based, rooted in democracy, flexible, and have participator y
involvement, which makes them well suited for economic development
(Gertler, 2001). The process of developing and sustaining a cooperative
involves the processes of developing a nd promoting community spirit,
Cooperatives are community -based, rooted in de mocracy, flexible, and
have participatory involvement, which makes them well suited for
economic development (Gertler, 2001). The process of developing and
sustaining a cooperative involves the processes of developing a nd
promoting community spirit, Coopera tives are community -based, rooted in
democracy, flexible, and have participatory involvement, which makes
them well suited for economic development (Gertler, 2001). The process
of developing and sustaining a cooperative involves the processes of
developing and promoting community spirit, Cooperatives are community -
based, rooted in democracy, flexible, and have participatory involvement,
which makes them well suited for economic development (Gertler, 2001).
The process of developing and sustaining a cooperat ive involves the
processes of developing a nd promoting community spirit, Cooperatives are
community -based, rooted in democracy, flexible, and have participatory
involvement, which makes them well suited for economic development
(Gertler, 2001). The process of developing and sustaining a cooperative
involves the processes of developing a nd promoting community
spirit, Cooperatives are community -based, rooted in democracy, flexible, munotes.in

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101 and have participatory involvement, which makes them well suited for
economic d evelopment (Gertler, 2001). The process of developing and
sustaining a cooperative involves the processes of developing a nd
promoting community spirit, Cooperatives are community -based, rooted in
democracy, flexible, and have participatory involvement, whi ch makes
them well suited for economic development (Gertler, 2001). The process
of developing and sustaining a cooperative involves the processes of
developing a nd promoting community spirit, Cooperatives are community -
based, rooted in democracy, flexible, and have participatory involvement,
which makes them well suited for economic development (Gertler, 2001).
The process of developing and sustaining a cooperative involves the
processes of developing a nd promoting community spirit, Cooperatives are
communi ty-based, rooted in democracy, flexible, and have participatory
involvement, which makes them well suited for economic development
(Gertler, 2001). The process of developing and sustaining a cooperative
involves the processes of developing a nd promoting co mmunity spirit
 CHALLENGES IN CO -OPERATIVE SECTOR
In a developing country like India and other countries that big problems
and challenges faced by different area in corporative sectors. In today’s
scenario Cooperatives have extended across the entire count ry and there
are currently an estimated 274.97 million members nationwide (2014 -15).
The cooperative credit system of India has the largest network in the world
and cooperatives have advanced more credit in the Indian agricultural
sector than commercial ba nks. The village cooperative societies provide
strategic inputs for the agricultural sector, consumer societies meet their
consumption requirements at concessional rates; marketing societies help
the farmer to get remunerative prices and co -operative proce ssing units
help in value additions to the raw products etc. In addition, co -operative
societies are helping in building up of storage go -downs including cold
storages, rural roads and in providing facilities like irrigation, electricity,
transport, and he alth. Various development activities in agriculture, small
industry marketing, and processing, distribution and supplies are now
carried on through cooperatives.

In globalised world considering all above area cooperative sector have to
come over many cha llenges discussed below:

i) Customers for co -operative: sectors Co -operative sectors industry
is in service industry. So service characteristics, as given below,
make Marketing of Co -operative sectors Services difficult.
ii) Perish ability: Co -operative sector s services are perishable.
Similarly Co -operative sectors have funds are there to give as a loan,
but there are no applicants. So interest lost by the Co -operative
sectors for a particular time period is a loss forever. So Demand
Management in Co -operative sectors is more difficult than goods.

iii) Intangibility : Co-operative sectors services cannot be seen, touched
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102 customers through Mouth publicity through satisfied customers. It is
the total resultant experience from bank which creates an impact.

iv) Heterogeneity : Co-operative sectors services cannot be standardized
like goods. Co -operative sectors Marketing is an interactive
Marketing. i.e. customers will have constant interaction with th e
service provider. So behind back of all services are employees i.e.
human beings and they are complex and volatile. So Quality Control
and standardization of Co -operative sectors Services are challenges
before Marketer.

v) Inseparability : Customers have t o approach Co -operative sectors to
get services so he/she can be affected by other customers. So how to
protect the customer from other customers ' adverse effect is also a
challenge.

vi) Competition: Today Co -operative sectors have thrown to
competition to other sectors. Customers have now a wider choice
because they are in the buyer’s market.

vii) Illiteracy: 25% people of rural India have either fear about handling
work in Co -operative sectors. The reasons are being illiteracy, lack
of knowledge about bank fo rmalities, etc.

6.8. SUMMARY:

After Independence, cooperatives assumed a great significance in poverty
removal and faster socio -economic growth. Cooperatives are also
considered to have immense potential to deliver goods and services in
areas where both the state and the private sector have failed.

6.9. KEYWORDS
Bio : life
Cooperation : working together
Diversity : Variety.
6.10. UNIT END QUESTIONS:

Descriptive:
 Explain the meaning and importance of Bio -Diversity.

 Define the term co -operatio n and write the Challenges in co -
operative sector.
 Write note on Provisions in the natural conservation act -2002.
 Describe the features of co -operative society.
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103 MCQs:
i) Who first coined the term biodiversity?
A. Thomas Lovejoy.
B. Walter G. Rosen
C. Ro bert Owen.
D. Rochdale

ii) The cooperative movement began in.
A. Europe.
B. Asia.
C. America
D. Australia.

iii) Is considered as the father of the cooperative movement.
A. Robert Owen
B. Alfred Nobel
C. Almeida Robert
D. Augustine Owen

6.11. REFERENCES

1. Co-operative Act. 2009 Chaudhari Publications.
2. Biodiversity, Act 2002 Chaudhari Publications.
3. National Academy of Sciences published a report entitled Research
Priorities in Tropical Biology.
4. Co-operation and Rural Development Principal Dr.NitinGhorpade
Success Pune.
5. Co-operation Prof L.P. Wakale and Dr. G.H. BarhateSheth Publishing
Mumbai.
6. Co-operatives UK (2008) Co -operative Review 2008, Manchester.
7. Indian cooperative movement a statistical profile – 2016.

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104 7
RIGHT OF INFORMATION ACT – 2005 -I
Unit Structure
7.1 Objectives
7.2 Introduction
7.3 Origin of the RTI Act 2005 In India
7.4 Objectives of the Act
7.5 Importance and Features of RTI Act. - 2005
7.6. Concept Maharashtra RTI Act. - 2005
7.7. Consequences , Maharashtra RTI Act. - 2005
7.8 Summary
7.9 Keywords
7.10 Exercises
7.11.References
7.1 OBJECTIVES
 To understand theorigin of theright toinformation.
 To know the various Objectivesofthe Rightto InformationAct2005.
 To know how to file RTI application.
 To understand the importance of RTI.
 To know impact of RighttoInformation on systems in country.

Image Courtesy: upload.wikimedia.org/wikipedia
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105 7.2 INTRODUCTION:
The RTI Bill was passed by Parliament of India on 15 June 2005 and came
into force with effec t from 12 October 2005. This is one of the most sign if
I can’t legislationenacted by the Parliament in India. Sweden is first
country to give RTI to their citizens in the world. Sweden gave Right to
Inform in 1776, as far as India is concern we got the ri ght late after
struggling with movement. It is a major step towards more accountable
and transparent government. RTI has been enacted toprovide for setting
out the practical regime of right to information forcitizens to secure access
to information under t he control of publicauthorities in order to promote
transparency and accountability. The Act will certainly lead to end the
culture of governmental privacy for the betterment of democracy.

The Rights to Information Act passed in 2005 extends to all states and
union territories of India and even now applicable to Jammu and Kashmir
after removal of Article 370. This act gives Indian citizens the right to
access information about any public authority or institution, including
non-government organizations subs tantially funded by the government.
The main aims of the RTI act are to provide clarity to information to the
citizens of India, to contain corruption and to promote accountability in
the working of every public authority.
7.3 ORIGIN OF THE RTI ACT 2005 IN INDIA
The first and farmost well-know nright to information movement in India
was the Mazdoor Kisan Shakti Sanghatan (MKSS), anorganization n for
theem powerment of workers and landless workers and rural poor, which
began its right to informationwork in Ra jasthan during the early 1990s.
The MKSS started grassroute movement, demanding access to
government information onbehalf of wage workers and small farmers who
were often deprivedof their rightful wages or their just benefits under the
government schemes.T hrough their innovative concept of JAN SUNVAI
or publichearing MKSS started demanding information from local
authorities regarding the wages, musterrolls, materials used for the
construction of roads during famine relief work. From the mode
stbeginning in the villages of Rajasthan the success of MKSS hasbeen a
source of inspiration for activists in India demanding the information from
the bureaucracy and the government. The struggle of MKSS activists led
to a nationwide demand for law to guarantee the RTI to everycitizen, with
wide spread support from social activists, professionals, lawyers and
media who are committed to trans parent and account ablegovernance and
people‘s empowerment. The MKSS movement in Rajasthan was a
turningpoint in the RTI movement an d showed that even illiterate,
sociallymute and exploited laborers could assert and get their other
rightsconceded by the invoking the RTI.
The social movements in Rajasthan and other states led to the form ation
of the National Campaign for People‘s Right to Informationin1996.
Various State RTI laws were passed during this period, including Tamil -munotes.in

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106 Nadu, Delhi, Maharashtra Karnataka, Assam, Madhya Pradeshand Goa.
Finally, the national Freedom Information Act was pass in 2002.
However, this Act was not notifi ed and thenewlyelected government (after
General Electionin 2004), got the Right to Information Act passed in
Parliament in2005.
7.4 OBJECTIVES OF THE A C T
The major objectives of the RTI Act are:
(i) Greater Transparency in functioning of public authorit ies;
(ii) In formed Citizenry for promotion of partnership between citizens and
the Government in decision making process;
(iii) Improvement in Accountability and performance of the Government;
and
(iv) Reduction in Corruption in the Government departments .
7.5. FEATURES AND IMPORTANCE OFRTI ACT - 2005
FEATURES OFRTI ACT - 2005
1. Every citizen possesses the right to information
2. The term information includes any mode of information in any form of
record, document, email, circular, press release, contract sample or
election data etc.
3. Right to information covers inspection of work, document, record and
its certified copy and information in any other electronic mode.
4. Applicant can obtain information within 30 days from the date of
request in a normal case.
5. Information can be obtained within 48 hours from time of filling the
request if it is a matter of life or liberty of a person.
6. Every public authority is under obligation to provide information on
written request or request by electronic means.
7. Certain information is prohibited for security reasons.
8. Central Information commission and State Information Commission are
to be constituted by the Central Government and the respective State
Governments.
9. No Court can entertain any suit, applicatio n or other proceedings in
respect of any order made under the Act.

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107 IMPORTANCE OFRTI ACT - 2005
1. Democracy requires an informed citizenry and transparency of
information which are vital for its functioning and also to contain
corruption and to hold governme nt sand their representatives account
able to the governed.
2. The greater the access to the information the greater would be the
responsiveness of government to the needs of the people. Without
information people cannot exercise their rights andduties.
3. RTI i s major step towards more accountable and trans parent
government. It will certainly lead to end the culture of governmental
secrecy and fulfil it spot entialasatruly great democracy.
4. The Actprovides for setting out the practical regime of right to
informa tion under the control of public authority in order to promote
transparency and accountability in the working of every public
authority.
5. The promulgation of this Act set the stage for the transparency in the
functioning of the government and its variousage ncies.
6. Under this Act access to information from public agency hasbecome a
statutory right of every citizen. Ordinary citizens do nothave much
information about how decisions are made and hoepublic resources
utilizes. Right to Information Act is a vehicle for great ertransparency
about the manner of functioning of public agencies.
7. Before this Act, the account ability of public authority was
practicablyminimal. By this Act the citizens can now question, audit,
review, examine, access government records, acts , decisions toensure
that these are consistent with the principles of public interest, good
governance and justice. This act promote stransparency and
accountability in administration. The act provides for framework for
promotion of citizen -government part nership incarrying out the
programs for the welfare of the people.
8. When the government is transparent, there is less chance forcorruption
and more room for accountability. People feel more powerful, their
bargaining power vis -à-vis public of ficials has in creasedmani fold.
The Act has definitely resultedina greater transparency ingovernance.
9. The Act has become powerful instrument for citizens and social
activists to access information from the bureaucracy and there by
ensures greater account ability and tr ansparency in decisionmaking.
10. The Act aimed to concentrate power in the hand sof the citizens who
may demand, even without giving are a son, any information which
they think will help them exercise their rights more effectively and
takean informed decision .
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108 Further more, even the judiciary has liberally interpreted the
provisions of the Act, there by making the public authorities more
accountable. Forinstance, in Shyam Yadavvs.Department of Personnel.
Training, the Central Information Commission held thatp roperty
statements filed by civil servants are not confidential and information
can be disclosed after taking the views of con cerned of ficials asper
the provisions of the RTI Act.

Image Courtesy: upload.wikimedia.org/Wikipedia
7.6.CONCEPT MAHARASHTRA RT I ACT. - 2005.
The Central Right To Information Act (RTI ACT) 2005, which came into
existence with a view to enjoy the freedom of speech and Expression in
accordance with the section 19 (1) (e) of the Indian Constitution after
Indian Independence is inde ed a revolutionary Act. The implementation of
this Act has been done on a large scale and in a satisfactory manner
especially in Maharashtra State. The Right To Information Act, 2005.The
State Information Commission has the following eight offices.

Table: 1
Structure of the State Information Commission

SN OFFICES
1 State Chief Information Commission, Mumbai (Main
Office) (Established on 11.10.2005)
2 State Chief Information Commission, Nagpur Region
(Established on 27.12.2006)
3 State Chief Information Commission, Aurangabad Region
(Established on 27.12.2006)
4 State Chief Information Commission, Pune Region
(Established on 8.2.2007)
5 State Chief Information Commission, Konkan Region
(Established on 1.3.2008)
6 State Chief Information Commission , Greater Mumbai
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109 7 State Chief Information Commission, Amravati Region
(Established on 24.12.2008)
8 State Chief Information Commission, Nashik Region
(Established on 15.10.2010)

7.7. CONSEQUENCES, MAHARASHTRA RTI ACT. -
2005
There has been a continuous and constant increase in the ratio of
applications under Rights to Information, 1st Appeals & 2nd Appeals in
the office of the Commission even in the seventh year after the
implementation of Right to Information Act 2005. It is seen that there is a
considerable growth in the use of this Act because of the publicity and
propaganda about this Act, increasing awareness about the Act in the
public and the availability of information for solving the problems through
the Applica tions and Appeals. Maharashtra has been No. 1 state in the
Country in using The Right to Information Act, 2005.
Information about the applications for getting information by the
Public Authorities: The statistics about the applications received in the
year under report in the name of the State Public Information Officers in
Public Authorities in the State in accordance with the Sub -Section 1 of
section 6 of the Right to Information Act, 2005 is shown in the following
Table.
Table: 2
Year 2006 2007 2008 2009 2010 2011 2012
Number of
Applications 1,23,000
3,16,000 4,16,090 4,40,728 5,48,987 6,45,023 6,82,286
Seventh Annual Report, 2012 (MSIC -Right To Information Act, 2005)
It is noticed from the above table that an awakening has been created in
the public about getting information from the Public Information Officers
by availing the Right to Information Act, 2005 and there is an increasing
tendency to submit applications for information.
7.8. SUMMARY
The RTI Bill was passed by Parliament of Ind ia on 15 June 2005 and came
into force with effect from 12 October 2005. This is one of the most
significant legislation enacted by the Parliament in India. Sweden is first
country to give RTI to their citizens in the world.
The RTI Act as it stands today is a strong tool to uphold the spirit of
democracy. The Act is influencing the people to come forward and
question the progress onvarious welfare schemes creating positive change.
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110 The true potential of RTI Act is still to be explored, especiallyin the ru ral
India where villages find it very cumbersome to file RTI applications.
Alittle more stimulation by the government and other enlightened and
empowered citizens can augment the benefits of this Act mani fold. The
real and true governance can be achieved not by the acquisition of
authority by a law, but acquisition of capacity by all to resist authority
when abused.]
7.9. KEYWORDS:
INFORMATION: Information is any material in any form. It
includes records, documents, memos, e -
mails, opinions, advices, pre ss releases,
circulars, orders, logbooks, contracts,
reports, papers, samples, models, data
material held in any electronic form. It also
includes information relating to any
private body which can be accessed by the
public authority under any law for the time
being in force.
ACCOUNTABILITY : Accountability is the acceptance of
responsibility for one's own actions .
TRANSPARENCY: The quality or state of being transparent .

7.10. EXERCISES
 Whatis Rightto Information? Explain the importance of RTI.
 Discuss the features of Right to Information Act2005.
 Enumerate the hurd lesinimplementations of Right to Information
Act.
7.11. REFERENCES.
1. www.barandbench.com -article -The Right to Information Act-seven years
retrospect by Saumyaramkrishanan.
2. मािहतीचा अिधकार अिधिनयम, 2005, महारा राय राजपितत अिधकारी
महासघं - मदकु – पतीक ऑफसटे, मबईुं.
3. मािहतीचाअिधकार - य. िद. फडके - अरपकाशन - माहीम, मबईुं.
4. Foundation Course - 2 - Prof. M.S. LimanSeth -Publication, Mumbai.
5. www.rtigateway.org.in .
6. Seventh Annual Report, 2012 (MSIC -Right To Information Act,
2005)
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111 8
RIGHT OF INFORMATION ACT – 2005 ­II
Unit Structure
8.1 Introduction
8.2 Objectives
8.3 Right to Information –Relationshipwith Transparency and
Accountability
8.4 Important Provisionsof the RTI Act 2005
8.5. Impact of Rti on Rural Administration Machinery
8.6 Issues and Loopholes in RTI
8.7. Annexure A, B, C of RTI
8.8 Keywords
8.9. Summary
8.10. Exercises
8.11. References
8.1 OBJECTIVES
 To understand how to use right toinformation act to improve the
system.
 To know the various Objectivesofthe Rightto InformationAct2005.
 To know different RTI application.
 Impact of RTI on rural administration machinery .

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112 8.2. INTRODUCTION
The Right To Information Act is in accord with Article 19 of the
Constitution of India, which enable Indi ans to exercise their fundamental
rights to speech expression and ­as often interpreted by the Supreme Court ­
“the inalienable right to receive and impart information currently, the
Right To Information Act in India is passing through decisive phase, much
more need to be done, to facilitate its growth and development.
Good governance has 4 elements that are transparency, accountability,
predictability and participation, and RTI helps in achieving this same.
Right to information is just like oxygen for democ racy. It stands for
transparency. Information would lead to openness, accountability and
integrity. Besides, apart from ensuring greater transparency italso acts as
different against the arbitrary exercise of public powers.
Political consciousness and pub lic spirit is the basis for the success of
democracy. In this chapter Student will be able to understand. How to use
RTI act for the betterment of the society, as well as Student will gain
knowledge regarding How to file RTIapplication?
8.3 RIGHT TO INFORM ATION – RELATIONSHIPWITH
TRANSPARENCY AND ACCOUNTABILITY
The objectives of the RTI Act, which are outlined in its preamble, are as
under:
(i) Greater Transparency in functioning of public authorities;
(ii) In formed Citizenry for promotion of partnership between citizens
and the Government in decision making process;
(iii) Improvement in Accountability and performance of the Government;
and
(iv) Reduction in Corruption in the Government departments.
An Act to provide for setting out the practical regime o f right to
information for citizens to secure access to information under the control
of public authorities, in order to promote transparency and accountability
in the working of every public authority.
 Greater Transparency
With a view to ensuring maximum disclosure of information regarding
government rules, regulations and reports including decision making
processes, every public authority is required to 'maintain all its records
duly catalogued and indexed in a manner and the form which facilitates
the right to in formation under the Act'.

The public authorities are expected to make pro ­active disclosuresthrough
publication of relevant documents, including web ­baseddissemination of
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113 Besides, the public authorities are also required to 'pr ovide as muchin
formation SUO - MOTU to the public at regular intervals throughvarious
means of communication, including internet, so that the public have resort
to the use of this Act to obtain in formation.

In addition, a public authority is required to " provide reasons for its
administrative or quasi ­judicial decisions to the affected persons".
 Records in Public Domain
In compliance with the provisions of the Act, all the levels of the
Government ­ the Centre, States and Local Bodies, including Village
Councils (Panchayats) have put all the records in public domain, through
publications as well as internet in the regional languages. And, to facilitate
the access to information, a citizen has the right to
i) Inspection of work, documents, records;
ii) Taking notes extracts or certified copies of the documents or records;
iii) Taking certified sample of material; and
iv) Obtaining information in electronic form, if available.
 Information Commission
In the cases where the information sought for are not provided within the
stipulated period of 30 days or the information furnished are incomplete,
misleading or incorrect, a requester is free to file a complaint or appeal
before the In formation Commission, for necessary directions to the
parties as per the provisions of the Act.

The Commission has the mandate, inter ­alia, to impose penaltyand/or to
recommend disciplinary action against the information providers, if held
responsible for obstructing the free flow ofinformation. The Commission
may also award compensation forany det riment suffered by a requester for
seeking information.

The information seekers and the NGOs have put pressure on thepublic
authorities for promoting the culture of openness infunctioning of the
Government. A large number of PIOs (PublicInformation Office rs) have
already been fined for violation of theprovisions of the Act, which has, in
effect, created conditions for providing information to a requester.

 Transparency and Elected Representatives
The disclosure of information relating to use of funds alloc ated to poverty
alleviation schemes, MLA/MP ­local area funds, details of performance of
elected leaders, etc., have contributed to highlight the roles of political
leaders in fulfilling their obligations.

The media and civil society have raised developmen t issues, based on
facts about the use of funds as well as the best practices informulation and
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114 about the performance and contributionsof the elected representatives,
which augurs we ll for a healthydemocracy and democratic governance of
projects.

 Greater Accountability
The RTI provides people with the mechanism to access information,
which they can use to hold the government to account or to seek
explanation as to why decisions have been taken, by whom and with what
consequences or outcomes.In addition, every public authority is required
'to provide reasons For its administrative or quas i ­judicial decisions to the
affectedpersons'. There is therefore no scope for any arbitrary decisi on.
8.4 IMPORTANT PROVISIONSOF THE RTI ACT 2005.
 Section 4: Maintenance of Records and Publication of
Information:
(1) Every public authority shall –

(a) Maintain all its records in a proper format which facilitates the right to
information under this Act . Also all records are to becomputerized and
connected through a network all over thecountry on different systems
so that access to such records is facilitated;

(b) Publish within 120 days from the enactment of this Act, ­
• The particulars of its organi zation, functions and duties;
• The powers and duties of its officers and employees;
• The procedure followed in the decision making process,including
channels of supervision and accountability;
• A statement of the categories of documents that are held by it or under
its control;
• A directory of its officers and employees;
• The names, designations and other particulars of the PublicInformation
Officers;
• Such other information as prescribed under this Act and may be
prescribed at a later date.

 Section 5: Central/State Public Officers:
• Every public authority shall, within one hundred days of the enactment
of this Act, designate as many officers as the Central Public Information
Officers or State Public Information Officers, as the case may be, in all
administrative units or offices under it as may be necessary to provide
information to the people requesting for the information under this Act.

Every Central Public Information Officer or State PublicInformation
Officer, as the case may be, shall dea l with requestsfrom people seeking
information and render reasonable assistance to the people seeking such
information.
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115
 Section 6: Request for Information:
A person, who desires to obtain any information under this Act, shall
make a request in writing or through electronic means in English or Hindi
or in the official language of the area in which the application is being
made, accompanying the fee as prescribed, to –

(a) The Central Public Information Officer or State PublicInformation
Officer, as the c ase may be, of the concerned public authority;

(b) The Central Assistant Public Information Officer or StateAssistant
Public Information Officer, as the case may be,specifying the
particulars of the information sought by him or her.

 Section 7 - Provision of Information/Rejection of Request:
• The Central Public Information Officer or State Public Information
Officer, as the case may be, on receipt of a request shall as expeditiously
as possible, and in any case within thirty days of the receipt of the
request, either provide the information on payment of such fee as may be
prescribed or reject the request.

• Where a request has been rejected, the Central PublicInformation Officer
or State Public Information Officer, as the case may be, shall
commun icate to the person making therequest,

(i) The reasons for such rejection;
(ii) The period within which an appeal against such rejection may be
preferred; and
(iii)The particulars of the appellate authority.
 Section 8: Information that cannot be given:
Notwithstanding anything contained in this Act, there shall be no
obligation to give any citizen, Information, disclosure of which would
affect the sovereignty and integrity of India.

• Information which is forbidden to be published by any court of law or
tribunal.

• Information, the disclosure of which would cause a breach of privilege
of Parliament or the State Legislature;

• Information received in confidence from foreign Government;

• Any other information that cannot be given, as stated under the Act.

 Section 9: Rejection of Request on Grounds of Copyright:
A Central Public Information Officer or a State Public Information
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116 such a request for providing access would involve an infringement of
copyright subsisting in a person other than the State.

Government shall, by notification in the Official Gazette, constitute a body
to be known as the Central

Information Commission to exercise the powers conferred on, and to
perform the functions assig ned to, it under this Act.

• The Central Information Commission shall consist of –

(a) The Chief Information Commissioner; and

(b) Such number of Central Information Commissioners, not exceeding
ten, as may be deemed necessary.

 The State Information Co mmission (Section 15)
• Every State Government shall, by notification in the Official Gazette,
constitute a body to be known as the (name of the State) Information
Commission to exercise the powers conferred on, and to perform the
functions assigned to it under this Act.

• The State Information Commission shall consist of (a)the State Chief
Information Commissioner, and

(b) Such number of State Information Commissioners, notexceeding ten,
as may be deemed necessary.

 Powers and Functions of the Informatio n Commissions (Sec 18)
It shall be the duty of the Central Information Commission or State
Information Commission, as the case may be, to receive and inquireinto a
complaint from any person, ­
 Who has been refused access to any information requested under this
Act

 Who has not been given information within the time limit specified
under this Act;.

 Who has been required to pay an amount of fee which he or she
considers unreasonable;

 Who believes that he or she has been given incomplete, misleading or
false information under this Act; and

 In respect of any other matter relating to requesting or obtaining access
to records under this Act.


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117  Penalty for Refusal on Invalid Grounds (Section 20)
• The Central/State Information Commission shall impose a penalty of
two hundred and fifty rupees each day till application is received or
information is furnished by the Central/State Public Information
Officer. However, the total amount of such penalty shall not exceed
twenty ­five thousand rupees.

• The Central/Stat e In formation Commission shall alsorecommend for
disciplinary action against the Central PublicInformation Officer or the
State Public Information Officer, asthe case may be, under the service
rules applicable to him.

 Court Not to Entertain Suit: Section 23
No court shall entertain any suit, application or other proceeding in respect
of any order made under this Act and no such order shall be called in
question otherwise than by way of an appeal under this Act. (Note: There
are 31 Sections of RTI Act 2005 with a number of sub sections. Only a few
are listed from the examination point of view. Students may further brief
out the answer.
8.5 IMPACT OF RTI ON RURAL ADMINISTRATION
MACHINERY .
Until the implementation of the RTI Act, it was not possible for an
ordinary person especially in rural area, to seek the details of a decision
making process of public authorities. Thus, quite often the decisions were
ineffective in terms of benefits of the public. With the introduction of RTI
Act, the public authorities a re more responsible in the decision making
process.

The importance of Transparency and Accountability of Public Authorities
is stated as follows:

1. Better Understanding of Govt. Working:
The RTI Act has created conducive conditions for everyone to have a
better understanding of the working of Government bodies or public
authorities. It empowers the citizens to make appropriate choice of
leadership and the policies that affect them.

Public being fully aware that the records pertaining to the decision makin g
processes are required to be put in public domain, the concerned officials
at all levels objectively record the reasons for the observations made by
them. And, due care is taken to formulate a sound policy that meets
people's expectations. Attempts are a lso made to effectively implement the
programs as the relevant details are proactively disclosed. In effect, thus,
the quality of decision making and delivery of services have duly
improved.
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118 2. Improvement in Development Programs:
Due to effective implementa tion of the flagship programs for poverty
alleviation, and infrastructure development, the mismatch between the
planned targets and actual realization has, of late, been minimized. This
has enabled the people to realize their socio­economic objectives.

Before the enactment of the RTI Act, poverty alleviation and
empowerment programs were implemented but the achievements were
always below the general expectations, mainly because of the absence of
the transparency and accountability norms. Lack of legal righ t to know
and to scrutinize the publicaction or to question the authorities have
contributed to inefficiency and corruption resulting in poor outcomes of
public activities.

3. Improvement in the Delivery of Services:
With empowered citizens and free flow of information, there is significant
quantitative and qualitative improvement in the delivery of services.

For instance, disclosure of information relating to:
(i) Attendance of staff in schools has helped in checking teachers'
absenteeism and students' drop out ;
(ii) Attendance of doctors and nurses at primary health centers has led to
improvement in health care facilities in rural areas;
(iii) The details of supplies and distribution of food grains through ration
shops has benefited the poor;
(iv) The supply and demand for pet roleum products, such as, domestic
gas has reduced black marketing;
(v) Muster rolls and beneficiaries of employment guarantee schemes has
exposed corruption and ensured effective delivery of services to the
poor who are entitled for wage employment on demand for at least
100 days in a year.
4. Better Targeting of Services to the Poor:
The disclosure of the list of beneficiaries for income support like wage
employment, subsidized food grains and subsidized services like domestic
gas has helped in weeding out the f ictitious names, resulting in better
targeting of services to the poor. Also, there is reduction in corruption due
to checks on black ­marketing of subsidized goods and services.

5. Reduction of Migration to Urban Areas:
As a result of increased Government's accountability in delivery of
services, rural to urban migration has decelerated, as widely reported in
the media. This is also corroborated by the findings of a national level
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119 Media St udies.The survey has revealed that the corruption and mal ­
practices in implementation of poverty alleviation programs have declined
due to RTI induced accountability of the Government authorities,
especially in rural areas.

6. Resolving of Disputes:
RTI rout e has generally been followed by a large number of people for
resolving disputes between the parties on the issues pertaining to the
decisions on administrative, business and commercial matters. Disclosure
of information regarding the process of decision m aking or the grounds for
action taken has helped to resolve disputes on such issues as claim of
refund of taxes paid by the individuals/companies, settlement of insurance
claims, payment of dues of contractors, process of sanction and recovery
of loans, et c. Since a reply is to be given within thirty days, disputes have
been resolved faster than never before in the India's history. A large
number of grievances pertaining to service matters, mainly promotions
and pension benefits have also been redressed due to openness and
promptness in taking action on requests made under the RTI.

As a result, filing of appeals in the Courts has substantially declined. (As
reported, for instance, by the Oil Marketing Companies, which grants
dealerships for distribution of petroleum products through retail outlets
and domestic gas agencies). The Courts have also advised the petitioners
to obtain information under the RTI before filing the cases. It thus shows a
strong and positive impact of RTI on transparency and accountabi lity of
the Government.
8.6. ISSUES AND LOOPHOLES IN RTI

https://www.slideshare.net
Increasing pendency of cases: These Commissions particularly the
Central Information Commission have kept a strong vigil over the
functioning of administrative machiner y relating to the implementation of
the Act. However, their performance has often been restricted by
increasing number of appeals. This has resulted in increase in pendency as
well as increase in waiting time for hearing of appeals.

Definition of informat ion: An important issue is the definition of
information. Supreme Court stated that ‘information’ for the purpose of munotes.in

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120 this Act would mean information held by the PIO or under his control.
However, if the information is not held by the PIO the public authori ty is
not under obligation to provide that information.

Not all institutions under RTI: Another issue is that some institutions
are not being covered under the Act. E.g. judiciary is not under the act.

Lack of infrastructure: The Implementation of RTI re quires the PIOs to
provide information to the applicant through photocopies, soft copies etc.
These facilities are not available at Block and Panchayat level. In order to
service RTI requests, basic infrastructure such as photocopier machines at
each Publi c Authority and basic level of connectivity is required.

Low awareness level: Awareness about RTI is yet very low. Nodal
Departments in many states have not undertaken any substantial steps to
promote the RTI Act. Awareness level is low especially among t he
disadvantaged communities such as women rural population, OBC/SC/ST
population.

Constraints faced in filing applications: Under Section 26 of the RTI
Act, the appropriate Government is expected to publish and distribute user
guides (within 18 months of enactment of the Act) for information
seekers. However Nodal Departments have not published these guides in
many states.

Corporates not under RTI: Corporate entities are not under the RTI Act.
Apart from the fact that the corporate sector utilises money from the
common public in the form of share capital a large number of entities in
the private sector are performing functions similar to the public sector. e.g
banking, insurance, telephony etc. where the private sector is performing
functions similar to p ublic sector.

Since the implementation of the RTI Act, it has established itself as an
important tool in handling corruption and inefficiency in the Government.
Although there have been instances of misuse of the Act, but it has served
its purpose well. I ssues and loopholes in RTI should be removed through
proper amendment to further the objectives of transparency and
accountability.










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121 8.7ANNEXURE A, B, C of RTI
ANNEXURE - A


Rs. 20/ - Court fees stamp
ANNEXURE –B
(See Rule 5 (1)
Appeal under Sec tion 19 (1) of the Right to Information Act, 2005.

Sender,
_________________________
__________________________
(Name and address of the applicant)
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122 To,
_________________________
_________________________
__________________________
(Name / Designation / Ad dress of the Appellate Authority)
(1) Full name of the appellant:
________________________________________
(2) Full address of the appellant:
______________________________________
(3) Details of State Government Information Officer:
______________________
(4) Date of receipt of the order against which the appeal has been made (if
ordered):
(5) Last date for filing of appeal:___________
(6) Reasons for appeal:
______________________________________________
(7) Information details
:__________________________ ____________________
(A) The nature and content of the information required:
____________________
(II) The name of the office or department to which the information
relates:______________________________________________________
Location: Appellant's signat ure
Date:







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123 Rs.20/ - Court fess stamp.
ANNEXURE –C
See Rule 5 (2)
(Appeal under Section 19 (3) of the Right to Information Act, 2005.)
Sender,
_________________________
____________________________
(Name and address of the appellant)

To,
____________ _______________
_____________________________
________________________________
(Name / Designation / Address of the Commissioner of State
Information Commission )
(1) Full name of the appellant:
(2) Full address of the appellant:
(3) Details of State Govern ment Information Officer:
(4) Date of receipt of the order against which the appeal has been
made (if ordered):
(5) Last date for filing of appeal:
(6) Reasons for appeal:
(7) Information details:
(A) The nature and content of the information required:
(Ii) The name of the office or department to which the information
relates:

Location: Appellant's signature
Date:
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124 Deadline for making information available
Time Limits
CPIO shall dispose
the request of third
party from receipt of
request Section -11 45 Days
Appeal Section -19 30 Days
Second Appeal Section -19 90 Days
An appeal u/s (1) or
Sub-Section (2) shall
be disposed of within
from receipt of
request Section -19 30 Days
Within such a
extended period not
exceeding a total of -
--days from the date
of fili ng thereof. Section -19 45 Days

Information sought
for is in respect of
allegations of
violation of human
rights. Section -24 45 Days

Every rule made by
central government
under this Act shall
be laid as soon as
may be after its
made before each
house o f parliament. Section -29 30 Days

Repeal Freedom of information Act -
2002 ( 5 of 2003)

8.8KEYWORDS
SUO MOTU "on its own motion " is an Indian legal term.
ADMINISTRATION
MACHINERY The interconnected structures and processes
of government.

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125 8.9 SUMMARY
Good governance has 4 elements that are transparency, accountability,
predictability and participation, and RTI helps in achieving this same.
Right to information is just like oxygen for democracy. It stands for
transparency. Information would lead to open ness, accountability and
integrity. Besides, apart from ensuring greater transparency it also acts as
different against the arbitrary exercise of public powers.

Before the enactment of the RTI Act, poverty alleviation and
empowerment programs were implem ented but the achievements were
always below the general expectations, mainly because of the absence of
the transparency and accountability norms. Lack of legal right to know
and to scrutinize the publicaction or to question the authorities have
contribute d to inefficiency and corruption resulting in poor outcomes of
public activities.
8.10. EXERCISES.
1. State the relationship of Right to information with transparency and
accountability.
2. Explain the Important provisionsof the RTI act 2005
3. Writethe various Impact of RTI on rural administration machinery .
8.11. REFERENCES.
1. www.barandbench.com -article ­The Right to Information Act­seven years
retrospect by Saumyaramkrishanan.
2. मािहतीचा अिधकार अिधिनयम, 2005, महारा राय राजपितत अिधकारी
महासघं ­ मदकु – पतीक ऑफसटे, मबईुं.
3. मािहतीचाअिधकार ­ य. िद. फडके ­ अरपकाशन ­ माहीम, मबईुं.
4. Foundation Course ­ 2 ­ Prof. M.S. LimanSeth ­Publication, Mumbai.
5. www.rtigateway.org.in .

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