THE BOMBAY VILLAGE PANCHAYAT ACT Relevant Sections and Rules regarding Elections to Village. Panchayats. INDEX. S. 1 Short title. S.2 Extent. The Bombay Village Panchayats Act, Act 3 of Keyword(s). Repealed , Associate Member, Building, Cattle, Zilla Parishad, Factory, Gram. Sabha. Panchayat to place before Gram Sabha statement of accounts, etc., .. 1 This short title is substituted for “the Bombay Village Panchayat Act, , by Mah.
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This A~tmay be called the Bombay Village Panchayats Act, 2. (1) It extends to the whole ofthe 1[State ofMaharashtra], except the areas within th~ limits of. 10 Constitution of Panchayats. pdf), Text File . THE BOMBAY VILLAGE PANCHAYAT ACT 31 Oct Mumbai Gram Panchayat Act In Marathi Pdf. section (1-A) of the Bombay Village Panchayats Act, (for short, "the said Act") and they State of Maharashtra is concerned, the Bombay Village.
The building is declared open on 6 January On the opening ceremony the Viceroy of India described this building as a poem in stone.
The High Court has a fairly well planned garden on the eastern as well as western sides. The High Court of Judicature at Nagpur continued to be housed in this building till the reorganisation of states in With effect from , eight Marathi speaking districts of Vidarbha formed part of the greater bilingual State of Bombay which came into existence. Remaining fourteen Hindi speaking districts of the former State of Madhya Pradesh became part of the newly constituted State of Madhya Pradesh with the capital at Bhopal.
New building[ edit ] A bench of the High Court at Bombay began to sit in this building at Nagpur with effect from and continues to do so even after the formation of the State of Maharashtra on During the year the strength of this Bench consisted of four Honourable Judges. The extension of High Court building consists of two annex buildings on both sides of the existing building viz. For this Government of Maharashtra has sanctioned Rs. Presently, the strength of this Bench consists of 10 Honourable Judges and total employees are Aurangabad bench[ edit ] The Aurangabad bench was established in Initially only a few districts of Maharashtra were under the Aurangabad bench.
The bench at Aurangabad has more than 13 judges. The present building of bench is situated in huge premises. The garden is beautifully maintained. Lush green grass invites the attention of any passerby. The new building has 13 court halls in all now including two new. All the court halls are on the first floor of the building, while the registry of the Court is on the ground floor.
The Aurangabad bench has a strong Bar of more than advocates, but Aurangabad bench does not have a jurisdiction for company law matters.
The Aurangabad Bench celebrated its 28th anniversary on 27 August January This article reads more like a story than an encyclopedia entry.
To meet Wikipedia's quality standards and conform to the neutral point of view policy, please help to introduce a more formal style and remove any personally invested tone. January Due to continued demand of the people of Marathwada region for the establishment of a permanent Bench of the High Court at Aurangabad under sub-section 2 of Sec.
Kantawala in It is necessary here to mention that the resolution as originally moved made a demand for the setting up of a permanent Bench of the High Court of Bombay at Aurangabad for the Marathwada region, and there was, no reference to Pune which was added by way of amendment.
Initially, the State Government made a recommendation to the Central Government in for the establishment of two permanent Benches under sub-sec.
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As a result of this communication, the Chief Justice wrote to the Chief Minister on 26 February signifying his consent to the establishment of a permanent Bench at Aurangabad. After adverting to the fact that his predecessors had opposed such a move and had indicated, amongst other things, that such a step involved, as it does, breaking up of the integrity of the institution and the Bar, which would necessarily impair the quality and quantity of the disposals.
It, however, became evident by the middle of June that the Central Government would take time in reaching a decision on the proposal for the establishment of a permanent Bench under sub-sec. This meant that there would be an inevitable delay in securing concurrence of the Central Government and the issuance of a Presidential Notification under sub-sec. On 19 June , the State Government accordingly took a Cabinet decision that pending the establishment of a permanent Bench under sub-sec.
On 7 July the Chief justice wrote a letter to the Chief minister in which he stated that the Law Secretary had conveyed to him the decision of the State Government to have a Circuit Bench at Aurangabad under sub-sec. The Chief Justice then added: "I agree that some such step is necessary in view of the preparations made by the Government at huge costs and the mounting expectations of the people there.
In reply to the same, the Registrar by his letter dated 24 July conveyed that the Chief Justice agreed with the suggestion of the State Government that action had to be taken under sub-section 3 of S. On 10 Aug. The reservation shall be in proportion to their population.
Reservation of offices of Chairpersons: A State may by law make provision for similar reservation of the offices of Chairpersons in the Panchayats at the village and other levels. These reservations favouring the Scheduled Castes and Scheduled Tribes shall cease to be operative when the period specified in Article at present 60 years i.
A State may by law also reserve seats or offices of Chairpersons in the Panchayat at any level in favour of backward classes of citizens. But it can be dissolved earlier in accordance with the procedure prescribed by State Law. Elections must take place before the expiry of the above period. In case it is dissolved earlier, then the elections must take place within six months of its dissolution.
A Panchayat reconstituted after premature dissolution i. But if the remainder of the period is less than six months it shall not be necessary to hold elections. Qualification for membership: Article F provides that all persons who are qualified to be chosen to the State Legislature shall be qualified to be chosen as a member of a Panchayat. They may be entrusted with the responsibility of: a preparing plans for economic development and social justice, b implementation of schemes for economic development and social justice, and c in regard to matters listed in the Eleventh Schedule inserted by the 73rd Amendment.
The list contains 29 items, e. The 11th Schedule thus distributes powers between the State Legislature and the Panchayat just as the 7th Schedule distributes powers between the Union and the State Legislature.
Powers to impose taxes and financial resources: A State may by law authorise a Panchayat to levy, collect and appropriate taxes, duties, tolls etc. The law may lay down the procedure to be followed as well as the limits of these exactions.
It can also assign to a Panchayat various taxes, duties etc. Panchayat Finance Commissions: Within one year from 25th April , i. The report of the Commission, together with a memorandum of action taken on it, shall be laid before the State Legislature.
Bombay High Court
These provisions are modelled on Article which contains provisions regarding the appointment of a Finance Commission for distribution of finances between the Union and the States. State Election Commission: Article K is designed to ensure free and fair elections to the Panchayats.
Powers of superintendence, direction and control of elections to the Panchayats, including preparation of electoral rolls for it shall vest in the State Election Commission. The State Legislatures have the power to legislate on all matters relating to elections to Panchayats.
Bar to interference by Courts in electoral matters: As under Article , courts shall have no jurisdiction to examine the validity of a law, relating to the delimitation of constituencies or the allotments of seats, made under Art. An election to a Panchayat can be called in question only by an election petition which should be presented to such authority and in such manner as may be prescribed by or under any law made by the State Legislature.
Eleventh Schedule Article G is also being added by the constitution 73rd amendment. KeshetraPanchayats and ZilaPanchayatsAdhiniyam , was amended in ,,,, and The amendments in and acts were in keeping with the objectives of the Constitution 73rd amendment act, By section 9 of the U.
Such right do not have the status of fundamental rights and are instead legal rights which are controlled through legislative means. A bench of justices GS Singhvi and SJ Mukhopadhya passed the ruling while allowing an appeal filed by the village panchayat of Calangute in Goa challenging a Bombay High Court order which had taken the view that the local body cannot challenge any decision taken by the executive authority.
In this case, the Additional Director of Panchayat-II had overruled a resolution passed by the panchayat quashing the permission granted to a private company for carrying out certain commercial activities. Parliament has ensured that the Panchayats would no longer perform the role of simply executing the programs and policies evolved by the political executive of the state. Hence, the success or failure of the Panchayati Raj system largely depends on how powerful and effective the GS is at the decentralised level to fulfil the desires and inspirations of the people.
Recognizing the critical role of theGS in village economy Gandhiji had said that true democracy could not be worked by some persons sitting at the top. It had to be worked from below by the people of every village. Let us not have only representative government from the village upto Delhi. In one place, at least let there be direct government, direct democracy. With regard to its powers and authority, Article A of the Constitution says that the GS may exercise such powers and perform such functions of the village level as the Legislature of a State may, by law, provide.
It is in the light of this that State legislatures have endowed certain powers to this corporate body relating to the development of the village.
A study of the State Panchayat Acts reveals that the GS is to perform numerous functions like discussing the report on socio-economic development programmes implemented by the Gram Panchayat GP in the previous financial year, examine the annual statement of the accounts and audit report as well as annual report of administration of the GP in the last financial year; c examine the budget of the GP for the next financial year, identification of the beneficiaries of various anti-poverty and rural development programmes; scrutinize on-going and completed schemes and works of the GP, undertake programmes of adult education and family welfare in the village mobilisation of voluntary labour and contributions in kind or cash or both for community welfare programmes and promotion and unity and harmony among all sections of society in the village.
This list of functions indicates that the GS has the power only to discuss, debate, examine and scrutinize. There is no binding on the part of the Gram Panchayat to implement its directions and decisions of the GS. If the institution of the GS has to be made functional as it ought to be, it must be endowed with the power to implement schemes. Gram Panchayats should be accountable to the Gram Sabha and the process of making Panchayats accountable should be the business of the Gram Sabha.
Chaudhari Law Publisher's Maharashtra Grampanchayat Act, [HB] in Marathi by Rajesh Chaudhari
While democratic institutions provide opportunities for achieving democratic ideals, it is democratic practice through which these can be realised. While both democratic institutions and democratic practice are important for good governance, the latter is not guaranteed by the former.
A strengthened Gram Sabha is more effective both in the short run for immediate accountability and in thelong-run for building a healthy decentralised democracy.
Measures suggested and sometimes even implemented e. However, provisions of the Panchayats Extension to the Scheduled Areas Act , Extension Act for short, has not only extended development, planning and audit functions to the GS but also endowed it with the management and control of natural resources and the adjudication of justice in accordance with traditions and customs. But this is applicable in areas dominated by the Scheduled Tribes in Andhra Pradesh, Bihar, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa, Gujarat and Rajasthan where it has not been made functional so far as elections to the Panchayats are yet to be held there in conformity with the Extension Act.
It would have been better if the provisions of the extension Act were extended to the non-scheduled areas.
But none of the States has taken any initiative in this regard except Madhya Pradesh and, that too, as late as in Shortcomings But in most of the States, the people are apathetic towards this body.
It has been noticed that meetings of the GS end in a mere formality.
Decisions which were supposed to be taken by the GS were taken by the local elite, thereby rendering this body redundant. Meetings were conducted without any consideration of quorum. The absence of women and weaker sections of rural society was another feature of the GS. Hence, the entire exercise could not deliver the expected results.
The reason for poor attendance is due to the fact that provisions relating to the GS contain nothing of substance which could attract the masses towards it.
The people, particularly the poor, did not want to lose their daily wages for the sake of attending the GS meetings. Apart from giving the GSs only a ritualistic role, the problem is compounded by having the meetings of the Sabha at a time of the day when the women and weaker sections are busy at home or in earning their wages.
This renders the GS meetings meaningless.The list contains 29 items, e. January Due to continued demand of the people of Marathwada region for the establishment of a permanent Bench of the High Court at Aurangabad under sub-section 2 of Sec. Eleventh Schedule Article G is also being added by the constitution 73rd amendment. Recognizing the critical role of theGS in village economy Gandhiji had said that true democracy could not be worked by some persons sitting at the top.
Clause a was substituted for the original by Mah.
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