Panchayat:Repo18/Law Manual Page0074
Panchayats at village and intermediate levels; reservation of seats and offices of chairpersons for Scheduled Castes and Scheduled Tribes in proportion to their population in the Panchayats at each level; reservation of not less than one third of seats for women; fixing tenure of 5 years for Panchayats and holding elections within a period of six months in the event of supersession of Panchayats; disqualifications of members of Panchayats; devolution by the State Legislature of powers and responsibilities upon the Panchayats with respect to the preparation of plans for economic development and social justice and for the implementation of development schemes; sound finance of the Panchayats by securing authorisation from State Legislatures for grant-in-aid from the Consolidated Fund of the State; as also assignment to, or appropriation by the Panchayats of the revenues of designated taxes, duties, tolls and fees; setting up of a Finance Commission within one year of the date of coming into force of the said part and thereafter every 5 years to review the financial position of the Panchayats appointment of a State Election Commission for the superintendence; direction and control of the elections to the different levels of Panchayats; powers of the State Legislature to make laws with respect to election to the Panchayats; continuance of existing inconsistent laws until amended or until one year from the date of commencement of the Constitution (Seventy-third Amendment) Act, 1992. Provisions in accordance with the Constitution (Seventy-third Amendment) Act, 1992 have to be made in the State enactment relating to Panchayats before 23-4-1994. The Government consider that instead of making amendments to the existing Kerala Panchayats Act, it would be better to enact a new Panchayats Act incorporating the provisions in accordance with the Constitution (Seventy-third Amendment) Act, 1992.
On the coming into being of the District Panchayats as envisaged in article 243B of the Constitution, it would not be necessary to continue the existing District Councils. Government, therefore, consider it necessary to repeal the Kerala District Administration Act, 1980. The Bill seeks to achieve the above objectives.
1. The objects and reasons give an insight into the background why the provision was introduced. Though objects and reasons cannot be the ultimate guide in interpretations of statutes, if often-times aids in finding out what really persuaded the Legislature to enact a particular provision. - Bharat Singh v. New Delhi Tuberculosis Centre - (1986) 2 SCC 614.
2. The objects and reasons of the Act should be taken into consideration in interpreting the provisions of the statute in case of doubt. – Doyapack Systems (P) Ltd. v. Union of India - (1988) 2 SCC 299: AIR 1988 SC 782. 3. If the language of a provision is not clear, words have to be construed in the light of the legislative scheme, the object and purpose of enacting the provision and the ultimate effect of adopting one or the other construction. - Regional P.F. Commr.v. Hariharan T.S. - (1971) 2 SCC 68 : AIR 1971 SC 1519.
SEE THE CONSTITUTION (SEVENTY-THIRD AMENDMENT) ACT, 1992*
Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows: 1. Short title and commencement.- (1) This Act may be called the Constitution (Seventy-third Amendment) Act, 1992. (2) It shall come into force on such date** as the Central Government may, by notification in the Official Gazette, appoint. 2. Insertion of new Part IX.— After Part VIII of the Constitution the following Part shall be inserted, namely: to 2: 36 A Johan V erbo together
243. Definitions. In this part, unless the context otherwise requires,