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S.T. & S.C. Department
Shri Naveen Patnaik
Hon'ble Chief Minister Shri Naveen Patnaik

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Provisions of the Panchayats
Continuance of existing Laws and Panchayats
Notwithstanding anything in Part IX of the Constitution with exceptions and modifications made by this Act, any provision of any law relating to Panchayats in force in the Scheduled Areas immediately before the date on which this Act receives the assent of the President, which is inconsistent with the provisions of Part IX with such exceptions and modifications shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from the date on which this Act receives the assent of the President:
 
Provided that all the panchayats existing immediately before such date 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 Legislative Council, by each House of the Legislature of that State.
 
The Constitution (Seventy – Third Amendment), ACT, 1992, (20th April, 1993)
An Act further to amend the Constitution of India.
Be it enacted by  Parliament in the Forty-third Year of the Republic of India as follows :-
Short tile and commencement :
This Act may be called the Constitution (Seventy-third Amendment) Act, 1992.
It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint
 
Insertion of news Part IX :
After Part VIII of the Constitution, the following Part shall be inserted, namely:-
 
The Panchayats (PART IX) :-
243. Definitions :
In this Part, unless the context otherwise requires,-
“district” means a district in a State;
“Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;
“Intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;
“Panchayat” means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas;
“Panchayat area” means the territorial area of a Panchayat;
“population” means the population as ascertained at the last preceding census of which the relevant figures have been published;
“village” means a village specified by the Governor by public notification to be a village for the purpose of this Part and includes a group of village so specified.
 
243A. Gram Sabha :
A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide.
 
243B. Constitution of Panchayats :
there shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.
Notwithstanding anything in clause (1), panchayats at the intermediate level may not be constituted in the State having a population not exceeding twenty lakhs.
 
243C. Composition of Panchayats :
Subject to the provisions of this Part, the Legislature of State may, by law, make provisions with respect to the composition of Panchayats:
Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.
All the seats in a Panchayats shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and; for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.
The Legislature of a State may, by law, provide for the re-presentation :
  (a)  of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level;
  (b)  of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;
  (c)  of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat;
  (d)  of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within
  (i)  a Panchayat area at the intermediate level, in Panchayat at the intermediate level;
  (ii)  a Panchayat area at the district level, in Panchayat at the district level.
The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.
The Chairperson of :
  a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and
  a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.


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