Zila Parishad, Tarn Taran

• Introduction
• Punjab Panchayati Raj Act 1994
• Purpose and object
• Punjab Act 15 of 1998
• Composition of Zila Parishad
• Functions of Zila Parishad Tarn Taran
• Indira Awas Yojana
• Consolidated Rural Development Programme (CRDP)
• Information regarding Zila Parishad staff(Preparation of Citizen charter)

Introduction

Zila Pariahad Tarn Taran was constituted under the Punjab Panchayat Samities &Zila Parishad Act,1961. Now replaced by Punjab Panchayati Raj Act 1994.

Punjab Panchayati Raj Act 1994

An Act to replace the Punjab Gram Panchayat Act 1952, relating to Gram Panchayats,and the Punjab Panchayat Samitis and Zila parishad Act,1961, relating to the Panchayat Samitis and Zila Parishads by a comprehensive new enactment.
Whereas it is expedient to replace the present enactments by a comprehensive new enactments to establish a three-tier Panchayati Raj system in the State of Punjab with elected bodies at the village, Block and District levels,in keeping with the provisions of the Constitution (Seventy-third Amendment) Act,1992 for greater participation of the people and more effective implementation of Rural development and Panchayati Raj system.
Though the Panchayati Raj institutions have been in existence in the country for a long period, it has been observed that these institutions have not been able to acquire the status and dignity of viable and responsive people's bodies due to a variety of reasons including absence of regular elections prolonged supersessions, inadequate representation of weaker sections like Schedule Castes and Women, inefficient devolution of powers and lack of financial resources. In view of these shortcomings a new part IX relating to panchayats has been added in the Constitution of India by the Constitution (73rd Amendment) Act, 1992.

• The Punjab Panchayati Raj Bill ,1994 seeks to replace the Punjab Gram Panchayat Act,1952 relating to the Gram Panchayats and the Punjab Panchayat Samitis and Zila Parishads Act, 1961 ,relating to the Panchayat Samitis and Zila pariahads; by a comprehensive and unified enactment consequent upon the constitutional changes made in the Constitution (Seventythird Amendment) Act.1992.
• It is proposed to endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self Government.
• The Bill, inter alia provides for :-
  1. establishing a three tier system of Panchayats in the state i.e.Gram Panchayats at village level, Panchayat Samitis at block level and Zila Parishads at district level ;
  2. Election of Panchayats based on the population as ascertained at the proceding Census of which the figures have been published, after every five years;
  3. Direct election to the Panchayat Samitis and Zila Parishads from the territorial constituencies determined in the Panchayat Samitis and Zila Parishad areas;
  4. Reservation of seats in favour of Scheduled Castes in proportion to their population and for reservation of one-third seats for women at all levels ;
  5. Reservation of one office of Panch for Backward Classes in a Gram Panchayat where their population in the Gram Sabha area is more than twenty per cent of the total population of that area;
  6. Devolution of powers and responsibilities upon Gram Panchayats and Panchayat Samitis,Zila Parishad with respect to the preparation of plans for economic development and social justice and the implementation of development scheme including the matters listed in 11th Schedule of the Constitution of India, and
  7. Constitution of District Planning Committees and Standing Committees.
  
  

  Purpose and object

  Consititution (Seventy-third Amendment ) Act,1992 came into force with effect from 24th April, 1993 and also to the relevant provisions of the Panchayati Raj Act. Though the Panchayati Raj Institutions have been in existence for a long time, it was felt by the Parliament that these institutions have not been able to acquire the status and dignity of viable and responsive people's bodies due to a number of reasons including absence of regular elections,prolonged supersessions ,insufficient representation of weaker sections like Scheduled Castes,Scheduled Tribes and women,inadequate devolution of powers and lack of financial resources. In view of all these shortcomings ,the Parliament thought it imperative to enshrine in the Constitution itself certain basic essential features of Panchayati Raj Institutions to impart certainty, continuity and strength to them. Accordingly, Chapter IX was introduced and we are here concerned with Article 243-N only which is reproduced hereunder :-
  "Continuance of existing laws and Panchayats.-Notwithstanding anything contained in this part,any provision of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution (Seventy-third Amendment) Act,1992,which is inconsistent with the provision of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement,whichever is earlier. Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or ,in the case of a State having a Legislative Council,by each House of the Legislature of that State."
  With a view to bring the panchayati Raj Institutions in the State of Punjab in conformity with Part IX of the Constitution, the Legislature of Punjab repealed the Punjab Gram Panchayat Act,1952 which was applicable hitherto before and replaced it by the Panchayati Raj Act.
  The Punjab Panchayati Raj Act,1994 was enacted with the avowed object to establish a three tier Panchayati Raj System in the state of Punjab with elected bodies at the Village,Block and District level, in keeping with the provisions of the constitution(Seventy-third Amendment) Act,1992 for greater participation of the people and more effective implementation of Rural Development and panchayati Raj System. Panchayat is an elected body and the elected members of this body should be given free hand to conduct their own business as per the objects of the act. This would be in consonance with the directive principles enshrined in the Constitution of India under Article 40. The power of the elected bodies under the Statute cannot be encroached upon by any authority except in accordance with the procedure established in the Act. These elected bodies should not be restrained or stopped from discharging their duties by passing order which are without jurisdiction, illegal and unsustainable in law.
  

  Punjab Act 15 of 1998

  The Punjab Panchayati Raj Act,1994 , presently provides for 40% of the Samiti members to be elected directly while the remaining 60% are indirectly chosen from amongst Sarpanches in the samiti area. Article 243(2) of the Constitution enjoins that all seats in Panchayats shall be filled by person chosen by direct election from territorial constituencies. Although the State Legislature may under Article 243(2) provide for indirect representation, it is evident that the spirit of the Constitution requires that member of the Panchayat Samiti should, by and large, be directly elected. Accordingly the act was amended to provide for direct election for members of the Panchayat Samities."
  Taking Democracy to the grassroots
  Panchayati Raj Act was enacted and came into force in 1994,in order to protect the freedom of the panchayats functioning under the 1952 Gram Panchayat Act, provides by section 211 of the 1994 Panchayati Raj Act, the continuation of the existing panchayats.
  In order to take democracy to the grassroots in conformity with the Directive Principles of State Policy, Article 243(E) provides that every panchayat unless sooner dissolved under any law for the time being in force, shall continue for five years. Section 211 of the panchayati Raj Act is parimaterial with Article 243(E) of the Constitution of India vide which provision has been made prohibiting the amendment of any law in force, effecting or causing dissolution of panchayats functioning before such an amendment till the expiration of its duration. Article 243(N) protected the laws relating to the panchayats as they existed subject to enactment of the acts relating to panchayats.It further protected the panchayats from dissolution except by a resolution of the Legislative Assembly.
  

  Composition of Zila Parishad

  Every Zila Parishad shall consist of:
  
• the members directly elected from territorial constituencies in the district, each constituency electing one member ;
• all Chairman of Panchayat Samitis ;
• the members of the House of People and members of the State Legislative Assembly representing a part or whole of the district, where major part of their Lok Sabha Constituency or, as case may be, Assembly constituency falls ;
• the members of the Council of States and the members of the State Legislative Council , if any, who are registered as electors within the district.

All members of a Zila Parishad whether elected or not from territorial constituencies in the Zila Parishad area shall have the right to vote in the meetings of the Zila parishad except in the election of its Chairman and Vice-Chairman.