CHAPTER - III

DEVELOPMENT OF PANCHAYAT RAJ SYSTEM IN KARNATAKA

Karnataka State is at present an experiment in Panchayat Raj

Institutions has attracted national attention for a variety of reasons. The

Legislation is progressive, transfer of authority is unhindered, functional

decentralisation is well executed and the state bureaucracy is adjusting

itself to the Panchayat Raj administrative KARNATAKA set up. Hence,

as a typical case Karnataka's Panchayat Raj Institutions deserve close

study, from the perspective of local finance and administration.

In Karnataka Panchayat Raj was introduced on

November 1, 1959 when the Mysore Village Panchayat and Local

Boards Act 1959 was passed. Before the introduction of this legislation

the Karnataka had the roots of self-governing institution. Mysore (now

Karnataka)1 was one of the states to advocate Panchayat Raj and third

in the process preceded by Rajasthan and Andhra Pradesh.

65
 As far back in 1862, a 'Local Fund' was constituted in

Mysore State for the construction of roads and other subsidiary works.

This was further strengthened with the establishment of Local Fund

Committee in 1874 under the Presidency of Deputy Commissioners in

each district. These Committees were represented by both official and

non-official members and democratic touch was infused in their

functioning. But the working of these Committees proved defective in

many respects, "the most important of which were the prepoderance of

the official members, absence of reasonable powers for the disposal of

funds, and the entire subordination of the Committees on the

Government Officers in the administration of the funds".2

In 1902 the Government passed the Mysore Local Boards

Act with a view to remedy the defects and also to revitalise these

institutions (rural local government). As a result, a three-tier structure of

local self government was introduced. It provided for Union Panchayats

with nominated Chairman, taluk boards with sub-division officers as a

Presidents and Amaldars as Vice-Presidents and district boards with

Deputy Commissioners as Presidents. The functioning of these bodies

did not come up to the expectation. Instead of becoming instrumental to

the development of rural areas. They became only consultative bodies.

66
 Following the developments in the neighbouring Madras

Presidency and in the nominal scene effected by Montague-Chelmsford

Reforms, the Mysore Government in 1918 enacted Mysore Local Boards

and Village Panchayat Act. It is to be noted here that until 1918, no

elected members of any Local Board possessed real power. Officials

were able to maintain firm control over all such boards and as a result,

there was a little interest in 'Local Self Government’s work among

officials.3 The Act incorporated elected element into the working of

district and taluk boards. It was increased to 2/3 rd and 1 1/2 in the

district and taluk boards respectively. The Act also provided for the

election of non-officials as Vice-President for both these institutions. The

Union Panchayats were named as Village Panchayats and they were

strengthened with adequate powers and functions which included the

execution of the village improvement scheme.

Observing on the Local Board Reforms, the Maharaja of

Mysore proclaimed that local boards would have the "largest possible

measure of responsibility and autonomy" and raised the hopes of

Mysore politicians. But in practice these reforms which were to remain

the state's basic political framework for nearly two decades, came as a

disappointment.4 However by 1927 all 8 districts had elected non­

officials as Board Presidents.

67
 The further developments which took place after the

introduction of Montague-Chelmsford Reforms were not encouraging.

There were many ups and downs in the working of these institutions

although considerable efforts were made to make these Institutions

effective writing on the failures of the Local Boards, James Manor

observes (in finance matter's) the Princely Government policy of

reluctance towards local boards was apparent. The Mysore Government

tended quite shamelessly to oversee burden and underfund local

boards".5 Also the local boards quite frequently faced serious shortages

of funds. These problems were further complicated by the Government

practice of quietly increasing the responsibilities of the local boards

and simultaneously eliminating many of the boards statutory sources of

funds. The cumulative effect of all this was a general decline in district

board revenues over the two decades between 1914 to 1921.6

Meanwhile, the Government of Mysore enacted Mysore

District Boards Act and Mysore Vilage Panchayat Act in 1926. These two

were constituted and armed with adequate powers, functions and

resources. As a consequence of these developments, both Mysore Local

Board Act of 1902 and the Village Improvement Scheme of 1914 came to

an end. Only 2 types of Local Bodies i.e., District Boards and Village

Panchayats were retained to function as rural Local Government

Institutions.

68
 The further developments which took place after the

introduction of Montague- Chelmsford Reforms, were not encouraging.

There were many ups and downs in the working of these institutions

though considerable efforts were made to make these Institutions

effective especially by the Indian Statutory Commission and the

Government of Indian Act of 1935, which established provincial

autonomy, however, there were no significant developments in the

growth of local self government institutions nation as a whole. But this

was not the case with the princely State of Mysore. The Government

appointed Committees to suggest measures to strengthen the Local Self

Government Institutions.

In the erstwhile Mysore State two Committees had been

appointed to suggest ways and means for strengthening the Local

Bodies.

1) The Integration and Coordination Committee

(Venkatappa Committee 1950 June 20th)

2) The Local Boards Enquiry Committee

Chandra Sekharaiah Committee 1954 August 28th)

VENKATAPPA COMMITTEE REPORT

The Venkatappa Committee known formally as the

"Committee for Integration and Coordination of Local Bodies" was

69
appointed by the Government in September 1949 (1) to examine the

extent of overlapping of work between the various bodies operations in

the field of Rural Development viz., the District Boards, the Rural

Development Committees and Village Panchayats. (2) To examine the

possibility of integrating the activities of these Bodies and place them on

a statutory footing. (3) To examine the sources of Revenue to be

assigned to local bodies; and (4) to suggest measures for coordinating

integrating and speeding up of development work in the State. The

Committee on its Report submitted in June 20th 1950, after listening to

the shortcoming which we have already discussed in the previous

section, suggested the principles for reorganisation of rural government

in Mysore.7

RECOMMENDATIONS :

The Committee recommended the establishment of

statutory local bodies in rural Mysore only at the village and District

level.8 It rejected the arguments for establishing a taluk level

statutory body. The Committee argued that the taluk level body would not

be consistent with full-pledged local Governments at the village and

district level. It found it difficult to conceive independent resources,

constitution, and duties for taluk bodies, while full-pledged district and

village level bodies were retained.9 As answer to the argument that the

lack of taluk level body had reduced the chances of participation in public

70
life by more numbers, the committee pointed out that increased strength

of village panchayat and district level organisation would substitute the

taluk bodies as an additional training ground in public affairs.10 Again, it

rejected the argument for a taluk level body either as a statutory or non-

statutory coordinating and controlling agency over village panchayat as

undemocratic.11 And the Committee conceded for the establishment of

only a non-statutory coordinating body at each taluk level, consisting

of Chairman of Village Panchayat of the taluk as members and presided

over by the Assistant Commissioner for Local Bodies. This body was to

be only advisory in character.12

THE MYSORE VILLAGE PANCHAYATS & DISTRICT BOARDS ACT

1952 :

The Government of Mysore having accepted on the whole

the recommendations of Venkatappa Committee, enacted "The Mysore

Village Panchayats and District Boards Act 1952". This Act provided for

the establishment of Village Panchayat and District Boards as statutory

bodies.

VILLAGE PANCHAYATS :

In keeping with the Committees recommendations the Act

provided for the establishment of Village Panchayats for a village or

group of villages with a population of less than 5000 and more than 2000,

7l
normally and exceptionally for a village or villags with a population of

less than 2000 but not less than 1000.13 It provided for a minimum

membership of 10 and a maximum of 20 for these Panchayats.14

Reserved seats for the Scheduled Castes,15 established the universal

adult franchise for Village Panchayats elections’16 created the office of

Statutory Secretary of the Panchayat in addition to the elected

Chairman,17 delegated more functions to the Panchayats on the lines

suggested by the Committee18 and strengthened the Panchayat

Finance by providing for the assignment to each Panchayat, twelve and

a half percent of the Land Revenue collected in the Panchayat area.19

DISTRICT BOARDS :

The District Body provided under the Act continued to be

called as District Board and not District Council is recommended by the

Venkatappa Committee. The District Boards were to possess a minimum

of 20 and maximum of 40 members20 In keeping with recommendations

of the Committee, the Act provided for the indirect election of all the

members and avoided nomination and appointment of ex-officio

member.21 The electorate was to consist of the members of every

Panchayat constituted within each taluk in the District.22 It also provided

for the reservation of seats to the Scheduled Castes.23 Apart from

providing for an elected President and Vice-President24 it provided for the

appointment by the Government of a Chief Executive Officer for each

72
District Board.28 It called also for the establishment of four Committees26

viz., (1) Standing Committee (2) Audit Committee (3) Public Health

Committee (4) Scheduled Caste Amelioration Committee by each District

Board.

CHANDRA SEKHARAIAH COMMITTEE REPORT 1954 :

The Committee was formally known as "The Local Boards

Enquiry Committee". The terms of reference of this Committee were (1)

To examine the question of the desirability or otherwise of continuing the

Mysore Village Panchayat and District Bodies 1952; (2) In the

alternative, to examine the desirability of constituting Taluk Boards in the

State; (3) To determine the method of election to these bodies, their

functions, finances and powers as also their relationship with Village

Panchayats and other cognate matters. In course of time the Committee

also took permission from the Government to recommended the

establishment of both District and Taluk Boards.27

RECOMMENDATIONS :

The main recommendation of the Chandra Sekharaiah

Committee was that the District Boards must be continued and Taluk

Boards must also be set up to exist simultaneously. The Committees

argument behind this recommendation was that each of them may not by

itself be a feasible proposition, but that a combination of both may well fit

73
in with the works and institutions which local bodies have to handle at
28
present.

The continuance of the District Board was recommended

29
on the following grounds :

1) They had made material contribution to the development of

the rural areas in the past.30

2) They possessed a constitution which was democratic and

effective.31

3) They were necessary not only to maintain the existing works

and institutions servicing more than one taluk, but also to

undertake new works and activities that involve heavy cost

and benefit larger areas.

4) They would be suitable agencies to prepare and execute

development plans and District as basis, as contemplated by

the Planning Commission.

5) They corresponded to the District Boards and District Council

that existed then in several states in India.

PANCHAYAT RAJ SYSTEM 1959 ONWARDS (BALWANTRAY MEHTA

COMMITTEE REPORT:

The dawn of Panchayat Raj in 1959 heralded a new era in

the area of rural self government. It has lead to the establishment of fully

democratic and vastly decentralised institutions of local self government

74
in rural Karnataka. Panchayat Raj has been established since 1958-

1959 not only in Karnataka but almost all over the country. Many

factors have urged the establishment of Panchayat Raj in India Article 40

of the Constitution has directed the States to establish self-governing

institutions at the village level.32 Its establishment had been demanded by

the Gandhian dreams of Village Republic and Gram Swaraj.33 The

demands of democracy established by the 50 Constitution, to extend

itself to local levels also urged it. But what clinched the issue and

brought about the establishment of Panchayat Raj were the demands of

5 Year Plans and particularly of the needs of Community Development

Programme 34 The Community Development Programme started in 1952

under 5 Year Planned Rural Development had failed to attract and

involve the rural community in its development. By 1957 this failure was

quite obvious. Therefore the "Study Team on Community Development

and national Extension Service of the Committee on Plan Projects with

Balwantray Mehta as a Chairman, in its report submitted in 1957 urged

the establishment of vigorous, democratic, decentralised and self-

governing local institutions to administer these programmes.35

BALWANTRAY MEHTA TEAM RECOMMENDATION :

The Team had recommended the establishment of a three-

tier system of local government at the village, block and district levels,

organically linked to each other by means of indirect election from the

75
lower to higher body. Both the Study Team and the National

Development Council which endorsed the Mehta Team

Recommendations and democratic decentralisation. While they wished

the block level body to be the key unit in this three-tier system, they gave

options to the State Government to establish the key unit either at the

block, taluk or district level according to their local traditions and needs.

They also permitted the States to make the district level body either as an

advisory or an executive body.

In Karnataka State in addition to the above factors, the

establishment of Panchayat Raj was influenced by the Chandra

Sekharaiah Committee Report and the need for a consolidated and

democratic legislation rural self government after the States

Reorganisation on 1951. Therefore in 1959 the State Government

*
enacted "The Mysore (now termed Karnataka) Village Panchayats and

Local Boards Act 1959", to govern the establishment and working of

Local Government in the rural areas of the entire new Karnataka State.

This Act came into the force from 1st November 1959, First elections to

the local self governing bodies under this Act were completed in 1960

and 1st December 1960. Panchayat Raj was formally inaugurated in the

State by the then President of India.

KONDAJJI BASAPPA COMMITTEE IN 1962 :

The Government of Mysore appointed a Committee in

76
October 10th 1962 under Chairmanship of Shri. Kondajji Basappa

the then Deputy Minister for Co-operation to study the Panchayat Raj

Institutions working in the State and suggest suitable measures for

strengthening them and also making them self sufficient in resources.

The term of reference called upon the Committee, to examine the

recommendations of the Mysore resources and economy committee on

the subject of democratic decentralisation and the experience of

neighbouring States of Tamil Nadu, Andhra Pradesh and Maharashtra

to indicate where any changes were necessary in the 1959 Act, with

regard to the pattern of Panchayat Raj in Karnataka. The Constitution,

inter-relationship, the resources, functions, supervision and control of

the Panchayat Raj bodies in the State were also submitted for review of

the Committee36

The Committee in its report submitted to the Government

on 25th May, 1963 first of all affirmed its faith in Panchayat Raj. It

observed that Panchayat Raj in this country has came to stay and it is the

joint responsibility of Government and non-officials representing these

institutions to strive for their effective and smooth functioning.37

SHRI. KONDAJJI BASAPPA COMMITTEE RECOMMENDATIONS :

1) There should be an executive body at the district level.

Zilla Parishad with a non-official Chairman.

77
 2) More schemes and powers should be transferred to he Taluk

Development Boards.

3) The existing situation of the Taluk Development Boards

should be changed for providing a proper relationship

between the Panchayats and Taluk Boards.

As a following up measure of these recommendations, the

Government brought forth earnestly a Bill in the following year 1964.

But the bill could not be pursued for some mysterious reason.

THE FUTURE :

Since 1967, the successive Ministries have shown varied

interest in the Bill in particular in Panchayat Raj in general. The Ministries

which existed between 1967 to1972 continued to evince some interest in

the Bill and also Panchayat Raj. In 1968 and 1969 the then existing

Government had convened State Level Conferences on Panchayat

Raj President and Chief Executive Officer of Taluk Development. Boards

representatives of village panchayats and state level officials and

Ministry dealings with Panchayat Raj and Community Development in

the State attended these Conferences. These Conferences discussed

the problems of Panchayat Raj bodies and also the 1964 Bill, and many

of their recommendations for improving the administration and finances

of Panchayat Raj bodies have been accepted and implemented. But, with

the congress split in 1969 began a period of general neglect of

78
Panchayat Raj. This happened over all the country. Especially since

1972 the Government seems to have finally lost any interest in the 1964

Bill providing for Zilla Parishads, Nyaya Parishads and Stronger Grama

Sabhas. They seem to favour the existing pattern of Panchayat Raj in

the State. Though in the definite policy statement, indicating this has not

been made by the Government. This is what one can gather by talking to

the officials non-officials working in the field of Panchayat Raj. At present

there is no more talk of reviewing the 1964 Bill.

On the other hand it may be observed that the

Government of Karnataka have amended the Karnataka Village

Panchayat and Local Boards Act of 1959 twice once in 1969 and again

in 1978 and effected the following important changes in Panchayat Raj

Legislation.

(1) It has eliminated the people living in cities and towns from

contesting in Taluk Development Board election by suitably

amending Section 102 of the Original Act.38

(2) The term of Panchayat Raj bodies which was originally four

years has been extended through the 1978 amendments to

39
five years.

(3) In addition to the other Committees provided to be appointed

in the original Act, the 1978 amendments have made it

obligatory for every village Panchayat and the Taluk

Development Board to appoint a "Social Justice Committee";

79
 40

(4) With regard to functions of these bodies, it is interesting to

note that the functions of "Welfare of Scheduled Castes and

Scheduled Tribes" has been shifted from the Discretionary

to obligatory list both in the case of Village Panchayat and

Taluk Development Boards.41

(5) With regard to finances, the 1978 amendment, increased

the rate of local cess on land revenue levied by

Government from 12 paise in a rupee to fifty paise in a

rupee and provided for an equal sharing of the proceeds

between the Village Panchayats and Taluk Boards42

(6) Further, the tax on Professions, trades, calling and the tax

on place of business or trade have been omitted.43

(7) Finally, since 1980, collection of Village Panchayat taxes

has been made on obligatory responsibility of the

Tahsildar,44

Obviously, these changes though significant are not

substantial. They are indeed only domestic changes. Neither any

significant structural changes nor any substantial decentralisation of

80
powers and resources are involved in these changes.

1983 PANCHAYAT RAJ BILL ;

The State politics has undergone radical changes. The

Indian National Congress Party which governed the State then and

formulated the Karnataka Village Panchayats and Local Boards Acts

1959 had got split in the last sixties. Yet the Congress party led by Smt.

Indira Gandhi ruled the State uninterrupted till January 1983. Even the

Post-Emergency tremors which uprooted Mrs. Gandhi and her party at

Centre 1977, did not affect the Congress regime in Karnataka. But this

Congress regime ended in January 1983. The Janata Party led an

alliance of Opposition Parties uprooted the Congress Banyan tree in

Karnataka. In January 1983, for the first time in Karnataka history a

non-Congress Government was ushered into office.

The Janata Party which was strengthened after the 1983

elections by the merger of Kranti Ranga, formed the Government on

its own with its other allies supporting it from outside. [Link] Krishna

Hegde was installed as the new Chief Minister.

The new Janata Government brought in a refreshing new

81
outlook and policy towards local Government ingeneral and Panchayat

Raj in particular. Forming its views in the light of the Ashoka Mehta

Committee Report,45 submitted to the short lived Janata Government at

the Centre in the year 1978, the new Karnataka Janata Government's

policy of democratic decentralisation preferred to abolish Taluk

Development Boards, Village Panchayats and District Development

Council existing under the present 1959 Act and to establish in their

place Zilla Parishads and Mandal Panchayats.

To give effect to this policy the Janata Government in

Karnataka, with much enthusiasm and zeal got a new Panchayat Raj

Legislation called the Karnataka Zilla Parishads and Mandal

Panchayats Bill, 1983 published in the Gazette on 23rd June, 1983. The

Bill was introduced in the Legislative Assembly on 11th August 1983. It

was referred to a Joint Select Committee of the two Houses of the State

Legislature in the same month. After the Select Committee Report was

submitted on 18th January 1984, the Bill was discussed and passed in

the Assembly in the month of March 1984. With the subsequent

passage of the Bill by the Legislative Council in the summer of 1984

and became legislation, namely the Karnataka Zilla Parishad, Taluk

Panchayat Samithis, Mandal Panchayats and Nyaya Panchayat Acts.

THE OUTLINE OF THE 1983 BILL :

82
 The Preamble to the Act unambiguously says that

"Whereas it is an experiment to provide for the establishment in rural

areas, of Zilla Parishads, Taluk Panchayat Samithis, Mandal

Panchayats and Nyaya Panchayats to assign to them Local

Government and judicial functions and to entrust the execution of

certain world and development schemes of the State Five Year Plans to

the Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and

to provide for the decentralisation of powers and functions under certain

enactment to those local bodies for the purchase of promoting the

development of democratic institutions and securing a greater measure

of participation by the people in the said plans and local and

governmental affairs and for purposes connected with and

incidental thereto".

The Karnataka Act has created a three-tier Panchayat Raj

Zilla Parishad, Taluk Panchayat and the Mandal Panchayat. The Act has

also provided for constituting Grama Sabha at the level of revenue village

and Nyaya Panchayat at the mandal level. However, the courses relating

to the creation of Nyaya Panchayats are to be delayed for five years.

GRAMA SABHA :

The 1983 Bill gives a prime of place to Grama Sabha. It first

sets out to make it a statutory body. Established for a revenue village and

83
composed of all persons whose names are included in the electoral roll.

The Grama Sabha is expected to meet from time to time, at least, once in

six months46 The Grama Sabha can deliberate on the following :

a) The implementation of the development programmes and

schemes within the village.

b) The proposals for any new programmes to be undertaken within

the village and unity and integration of all sections in the

village.

c) Building up of a land army of all the able bodied persons in

the viillage.

d) Arranging for the education within the village.

e) Any other subject that may be laid down.

f) Prepare and promote development schemes of the village.

g) To undertake village sanitation and drainage,

h) Mobilise voluntary labour and contributions in kind and

cash for the Community Welfare Programme.

i) To discuss the Mandal Panchayat Report on the developmental

programmes of the village.

j) Assist the Mandal Panchayat by discussing the annual report

and developmental plans and schemes pertaining to the village

prosecuted by the Panchayat and in implementing these

planned development schemes.47

84
 The Grama Sabha may be described as the basic unit of

the entire system. It has to have the full picture of the development of

the village and foster the cooperative spirit for communal programmes.

The Mandal Panchayat Chiefs Chair the Sessions of the Grama Sabha.

The presence of Officers in the Grama Sabha meetings and monitoring

their discussion is insisted upon.

MANDAL PANCHAYAT:

Mandal Panchayats replacing the present smaller Village

Panchayats are meant to raise the Panchayat to a viable level. It will

become statured for a single or group of revenue villages having a

population of not less than two thousand and not more than fifteen

thousand. But in Malnad (Hill tracts) and Coastal areas it can be

constituted for an area having not less than five thousand population.48

The number of members constituting the Mandal

Panchayat is to be fixed by the Government for the term of a Mandal

Panchayat at the rate of one member for every population of 500.

25% of the number of seats has to be reserved for women. Scheduled

Castes and Scheduled Tribes are to get a representation by reservation

of that number of seats basing as nearly as possible the same proportion

as their population bears to the total population in the area of the Mandal.

Backward classes if they do not have any elected representatives on

Mandal Panchayats can get two of their persons nominated by the

85
 49
Government.

Elected for a term of 5 years the Mandal Panchayat can

choose its own Chairman and Vice-Chairman called Pradan and Upa

Pradan respectively.50 The Panchayat is to meet at least once a month.

To make the members, Pradan, Upa Pradan take serious interest in its

meetings an incentive of Rs.15/- as fee for attending each meeting of

the Panchayat or of its Committees will be paid to each member and in

addition, the Pradan will get a monthly salary of Rs.300/- and his Deputy

Pradhan salary of Rs.150/- per month.51

The functions assigned to Mandal Panchayats are of a wide

variety. Apart from being responsible for regular municipal functions like

public health and sanitations and public works and amenities, the Mandal

Panchayats are also responsible for a variety of development functions

covering agriculture, animal husbandry, village forests, village and

cottage industries, Library, Cooperatives and Mandal area developmental

plans. It is also responsible for welfare of Scheduled Castes and other

Backward Classes.52

The Mandal Panchayats are assured of better finances

then the present Village Panchayats. The Bill provided for a compulsory

grant to every Mandal Panchayat by Government at the rate of Rs. 51 -

86
per head of population in the area of Mandal Panchayat as per the latest

published census. But 25% of the amount of the grant will be paid by the

Government to Zilia Parishad.53

A Mandal Panchayat within population of 15,000 the

general grants will be of Rs.1,05,000 per annum. In addition it is

authorised to levy a tax on buildings, on entertainments other than

Cinematography, shows and on vehicles other than Motor vehicles; a

fee on Bus-Stand, Markets, Cattle grazing in Mandal Panchayat owned

lands and a water rate for water supplied by it.54

TALUK PANCHAYAT SAMITIS :

The Institution of Taluk Panchayat Samitis has the powers

of Supervision, review and coordination. It does not have any direct

implementational power and its members are not directly elected.

Though the original bill was intended to abolish the Taluk level body, at

the joint select committee stage a new Chapter VII was inserted into the

Bill providing for the Constitution of a Taluk Panchayat Samithi in every

Taluk wholly consisting of ex-officio members it is to be headed by the

Member of Legislative Assembly representing the major part of the

Taluk. Other members of the Samithi will be

(A) Members of the State Legislature representing part of whole of the

87
 Taluk..

(B) Zilla Parishad member representing the Taluk,

(c) Pradans of the Mandal Panchayats in the Taluk.

(D) President of the Taluk Agricultural Produce Co-operative Marketing

Society.

(E) President of the Primary Land Development Bank and

(F) Five members belonging to the Scheduled Castes and Scheduled

Tribes, Backward Classes and women co-opted by resolution of the

Panchayat Samiti.55 The Block Development Officer will be the

Secretary of the Panchayat Samithi.56 The Taluk Panchayat Samithis

has the following functions :

a) To advise Mandal Panchayati Samithis.

b) Inspect any immovable property of Mandal Panchayat.

c) Review the work of Mandal Panchayat from time to time.

d) Offer guidance and assistance to Mandal Panchayats.

e) Function-wise it is to be mainly an advisory supervisory and Co­

ordinating body assisting the Zilla Parishad above and Mandal

Panchayats below and discharging such other functions as may

be assigned by the Government and the Zilla Parishad.57 It has

no independent resources of its own except those granted by

the Government or Zilla Parishad.

Though Taluk Panchayat Samithis have merely

88
supervisory and few finance sources, it needs to be observed that as its

memberships from Ziila Parishad and Village Panchayat and

developmental agencies and banks of the Taluk, it carries prestige and

influence over both Zilla Parishad and Mandal Panchayats.

ZILLA PARISHAD :

The most revolutionary change that the new Bill plans to

introduce in the Panchayat Raj structure in Karnataka is by way of

establishing Zilla Parishad at the district level. With this the District

Administration will be moving away from bureaucracy to democracy. The

present District Development Council is only an advisory coordinating

and supervising body. But the Zilla Parishad is intended to be a powerful

democratic executive agency at the district level in the matter of

development and civic emenities of the district.

The Zilla Parishads jurisdiction will cover the entire rural

area of the district.58 It will be mainly a directly elected body. The

members will be elected from the Taluk areas. The number of members

to be elected from each Taluk will be fixed at the rate of one member for

every 35,000 population except for Coorg where it will be one member for

15,000 population.59 The Chairman of the District Central Cooperation

Bank will be an associate member with no right to vote. But members of

89
State Legislature and Parliament representing or normally residing in the

district will have right to vote and participate in its proceedings with the

right to vote but not to hold office of President or Vice-President of Zilla

Parishad 60

Each Zilla Parishad elects its own President and Vice

President called Adyaksha and Upadyaksha from among its own

members. They hold the office for the term of elected members of the

Zilla Parishad i.e., 5 years. They get a salary and hold the status of a

Minister of State and Deputy Minister of the Government respectively.61

Expected to meet once a month62 it will be assisted by a

Secretary, Chief Accounts Officer and a Deputy Secretary. The

Secretary will be an Officer not below the rank of the Deputy

Commissioner of a District.63

FUNCTIONS & POWERS :

The Zilla Parishad will have overall responsibility of

(1) Supervision

(2) Coordinating and integration of development schemes at taluk and

district levels and

(3) preparing plans for the development of the district

90
 (4) In addition it will have specific executive responsibilities with regard

to agriculture Animal husbandry

(5) Scheduled Castes and Scheduled Tribe and other Backward

Classes welfare

(6) Building and Communications

(7) Public health

(8) Irrigation and Groundwater resources

(9) Industries and Cottage Industries

(10) Horticulture

(11) Cooperation

(12) Education and social education

(13) Statistics survey, evolution

[Link]. LI.
(14) Fisheries
ACC. Ho, 69 l
(15) Rural electrification and r'V

(16) Distribution of essential commodities

(17) Seed distribution

(18) Crop production

(19) Dairy development

(20) Development seed forms, Crop production

(21) Maintenance of Veterinary Hospitals and cattle improvement.64

The Zilla Parishad have a separate Zilla Parishad fund 65

Though it is not expected of Zilla Parishad to levy and tax, it can levy fees

91
and rents.66 But the mainstay of its finances will be generous grants and

allocations from the State Government for development purposes, by

way of financial decentralisation which the Janata Government has

promised.67

NYAYA PANCHAYAT :

The Bill also makes provision for the establishment by the

Government of Nyaya Panchayat on the recommendation of Zilla

Parishad.68 To be known by the name of Mandal Panchayat of Nyaya

Panchayat it will have 5 members. The members of Nyaya Panchayat

are to be elected by the Mandal Panchayat by a Proportional

Representation System of single-transferable vote. Of these 5

members, one shall be woman, another shall belongs to the Scheduled

Caste or Scheduled Tribe and yet another to the Backward Classes. A

minimum age limit of 40 years and residential qualifications in the area

are the only qualification expected of them.69

Their term of office will be 20 months with no bar on re-

election.70 They will have a 'Mukya Nyaya Vicharaka (Chief Judicial

Authority) elected by them from among themselves. He will preside over

Nyaya Panchayat. It can sit in benches.71 The Secretary of the Mandal

92
 72
Panchayat will also be the Secretary of the Nyaya Panchayat.

The Nyaya Panchayat is assigned a civil jurisdiction of

cases with news of not exceeding one thousand rupees (1000.00)

concerning suits for contracts, recovery, compensation for injury to

movable property and damage by the tresspassing cattle. The criminal

jurisdiction of Nyaya Panchayats are detailed in the Schedule III of the

Bill. It covers a specified number of offences under the Indian Penal

Code. The Karnataka Police Act 1963, the Cattle Tresspass Act 1966,

the prevention of cruelty to Animals Act 1960, and various Vaccination

Acts in force in the State.73 But its power of punishment is limited to

imposing a maximum fine of Rs,50/- and absolutely it has no power of

imposing imprisonment.74

INFERENCE:

The new Bill aims at reorganizing Panchayat Raj in the

State by establishing Zilla Parishad, Taluka Panchayat Samithis,

Mandal Panchayats and Nyaya Panchayats. The preamble to the Bill

states clearly that the purpose is not only to assign local government and

judicial functions to these bodies but also "to entrust the execution of

certain works and development schemes of the State Five Year Plans to

Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and to

provide for the decentralisation of powers and functions under certain

93
enactments to those local bodies for the purpose of promoting the

development of democratic institutions and securing a greater measure

of participation by the people in the said plans and in local and

Governmental affairs.

The Karnataka Village Panchayat and Local Boards Act,

1959 introduced the system of Panchayati Raj, with directly elected taluk

development boards/village panchayats, conterminous with taluks/groups

of villages. It retained the district administration structure more or less

intact. A District Development Council was provided with a consultative,

advisory and coordinating role. No plan or non-plan scheme or staff was

transferred to these elected bodies though these bodies were utilised by

the state government to implement various local schemes. In the

process of planned development, they were almost entirely conceived as

implementing bodies and not as plan-formulating bodies. This

experiment in democratic decentralisation was short-lived. The Janata

Government which came to power in 1983 enacted new legislation,

namely the Karnataka Zilla Parishads, Taluka Panchayat Samithis,

Mandal Panchayats and Nyaya Panchayats Act 1985, based on the

recommendations of the Asoka Mehta Committee. It established a new

pattern of rural local bodies.

Under the new dispensation in Karnataka, the Gram

94
Sabha is the basic tier of the system and is a college comprising all

eligible voters in the village. The Gram Sabha is required by law to meet

at least twice an year. It discusses and reviews all development

programmes of the village, selects beneficiaries for all beneficiary-

oriented programmes transferred to the Panchayati raj system, and plans

for local improvement. The Mandal Panchayat covering a group of

villages is the first elected tier of the system. It is entrusted with all civic

functions and powers and responsibility for development and welfare

programmes with an intra-mandal orientation. The number of seats in a

Mandal Panchayat is one for every 400 persons. Twenty five percent of

the membership is earmarked for women and 18 percent for Scheduled

Castes (SCs) and Scheduled Tribes (STs). The President and Vice-

President are elected by the members of the Mandal Panchayat. The

Taluk Panchayat Samithi is a purely nominated body comprising ex-

officio members, all the presidents of mandats in the taluk, all

MLAs/MLCs representing any part of the taluk, members of the Zilla

Parishad representing any part of the taluk; presidents of taluk level

cooperative societies and cooperative banks, plus five coopted members

belonging to SCs, STs, backward classes and women. The MLA

representing the major part of the taluk is the Chairman of the Taluk

Panchayat Samithi. This body is entrusted with advisory, supervisory,

review and inter-mandal coordination functions in relation to the mandals

of the taluk. The Zilla Parishad is the second directly elected tier of the

95
Panchayati Raj system in Karnataka. One member for every 28,000
*

population is elected to the Zilla Parishad. MPs and MLAs whose

constituencies cover the district or a part thereof are members of the Zilla

Parishad, but do not have the right to hold office in the Zilla Parishad.

Reservations for women, SCs and STs, as in the case of mandals, are

provided at the Zilla Parishad level also. The Adhyaksha and

Upadhyaksha are elected bv members of the Zilla Parishad.

At the apex of the panchayati raj system is the State

Development Council, which is chaired by the Chief Minister and

comprises and Adhyakshas of all Zilla Parishads in the State, six

ministers of state and the Development Commissioner as its Member-

Secretary. It is intended to provide a forum for continuous review and

direction of the functioning of panchayati raj in the state. There is also a

statutory provision for setting up a Finance Commission every five years

to determine the principles on which the resources are to be shared

between the state government and Panchayati Raj Institutions and the

basis on which allocations would be among the zilla parishads/mandal

panchayats.

Pending the assent to the Bill by the President it is still

hanging in the mid-air. Then the Chief Minister Shri. Ramakrishna

Hegde when he met the President and Prime Minister early in the first

96
week of April 1988 urged them again to give assent to the Bill. But

with the term of previously elected Village Panchayats and Taluk

Development Boards having expired, elected bodies have been dissolved

and they are now under the rule of Administrators appointed by the

Government.

REFERENCES

1. With the remaining of the State as "Karnataka" on November 1st

1973, the Act is now called as Karnataka Village Panchayats
Local Boards Act 1959.

2. Report of the Integration and Coordination for Local Bodies,

Government of Mysore, Bangalore, 1950, P.5.

3. James Maner, Political change in an Indian State; Mysore 1917-

1955; Manohar Publications, New Delhi 1978, P.21.

4. Ibid., P.22.

5. Ibid., P.22.

6. Ibid., P.23.

7. Government of Mysore, Report of the Integration and Coordination

Committee for Local Bodies, Government Press, Bangalore, 1957.

8. Ibid., P.35.

9. Ibid., PP.34 to 35.

97
10. Ibid., P.36.

11. Ibid.

12. Vide the Mysore Village Panchayats and District Boards Act 1952
(Mysore Act [Link] of 1952) Part II, [Link], Sec.3, in Government
of Mysore, Mysore Acts for 1952, Government Press, Bangalore,
1955.

13. Ibid., Section 5.

14. Ibid., Section 6.

15. Ibid., Section 8.

16. Ibid., Section 15 and 18.

17. Ibid., Chapter IV.

18. Ibid., Chapter V, Section 38.

19. Ibid., Part III Chapter VI, Section 50 and IV Schedule.

20. Ibid., Part III Chapter IV, Section 50 and V Schedule.

21. Ibid., Section 51.

22. Ibid., Section 51.

23. Ibid., Section 52.

24. Ibid., Section 62 and 70.

25. Ibid., Section 62 and 70.

26. Ibid., Section 77.

27. Report of the Local Boards Enquiry Committee Mysore State1954,

[Link]., Chapter I, PP.2-4.

28. Ibid., Chapter 111, P.10.

29. Ibid., Chapter IV, PP.10-15 and P.51.

30. In the words of the Chandra Sekharaiah Committee, from

examinations of the details statistics furnished by the District Board

98
 for 10 years from 1943-1944 to 1952-1953, the Committee came to
the conclusion that on the whole they had stood the test of time
and contributed materially to the development of rural areas. Ibid.,
Chapter IV, P.11 and (for Statistical details) Appendix 2 and 2A of
this Report.

31. Ibid., Chapter IV, PP. 11 to 12.

32. The text of the Article reads as follows: 40 Organisation of Village

Panchayat. The Sate 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 unity of self-
governments.

33. Bharatana Kumarappa (ed) [Link]; Rebuilding our

Villages, Navajivan Publishing House, Ahmedabad, 1959, P.5 and
PP.53-54.

34. Planning Commission: The First Five Year Plan, Government of

India, 1951, P.139.

35. Planning Commission, Committee on Plan Projects; Report of the

Team for the Study of Community Projects and National
Extension Service, 1957, PP.5-22.

36. Government of Mysore, Report of the Committee on Panchayat

Raj in 1963, Government Press, Bangalore, 1963, Introduction.

37. Ibid., Chapter II, Para 2.

38. Karnataka Act No.25 of 1978 Published in the Karnataka Gazette

extraordinary dated 29th September, 1978, Section 22.

39. Ibid., Section 20 and 26.

40. Ibid., Sections 13 and 29.

41. Ibid., Sections 11 and 31.

42. Ibid., Sctions 15, 33 and 34.

43. Ibid., Section 38.

44. In the Original Act of 1959 the Tahasildar could collect taxes and
dues if any Village Panchayat at its request. In the 1969
Amendment Act, the Tahasildar was authorised to collect them

99
 Suo Motto.

45. Report of the Committee on Panchayat Raj in August 1978,

informally known as the Ashok Mehta Committee Report on
Panchayat Raj Institution, Government of India, Ministry of
Agriculture and Irrigation, Department of Rural Development,
New Delhi, August 1978, PP. 175-202.

46. Report of the Joint Select Committee 1984, [Link].,

Section (sec) 3, Sub-sect. (1) and (2).

47. Ibid., Section 03 Sub-Section (3) and (8).

48. Ibid., Section 4.

49. Ibid., Section 5.

50.. Ibid., Section 42.

51. Ibid., Section 50.

52. Ibid., Sectkion 44 and 54.

53. Ibid., Chapter IV Section 56.

54. Ibid., Section 114, Sub-Section (3).

55.. Ibid., Section 116.

56. Ibid., Section 135.

57. Ibid., Section 137.

58. Ibid., Section 136.

59. Ibid., Section 138.

60. Ibid., Section 140.

61. Ibid., Section 139.

62. Ibid., Sections 165 and 166.

63. Ibid., Section 170.

100
64, Ibid., Section 173.

65. Ibid., Section 182.

66. Ibid., Section 190.

67. Ibid., Section 193.

[Link] the Bill provides for the appointment of a "Finance

Commission for Zilla Parishad" within six months after the Act
comes into force and before the expiry of every fifth year there
afterwards or earlier if the Government desires. See Ibid., Section
210.

69. Ibid., Section 211.

70. Ibid., Section 213.

71. Ibid., Section 216.

72. Ibid., Sections 216 and 219.

73. Ibid., Section 222.

74. Ibid., Sections 234 to 240.

101