Exceptions and modifications to Part IX of the Constitution.
Notwithstanding anything
contained under Part IX of the Constitution, the Legislature of a State shall not make any law under that
Part which is inconsistent with any of the following features, namely:--
(a) a State legislation on the Panchayats that may be made shall be in consonance with the
customary law, social and religious practices and traditional management practices of community
resources;
(b) a village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a
group of hamlets comprising a community and managing its affairs in accordance with traditions and
customs;
(c) every village shall have a Gram Sabha consisting of persons whose names are included in the
electoral rolls for the Panchayat at the village level;
(d) every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of
the people, their cultural identity, community resources and the customary mode of dispute
resolution;
(e) every Gram Sabha shall--
(i) approve the plans, programmes and projects for social and economic development before
such plans, programmes and projects are taken up for implementation by the Panchayat at the
village level;
(ii) be responsible for the identification or selection of persons as beneficiaries under the
poverty alleviation and other programmes;
(f) every Panchayat at the village level shall be required to obtain from the Gram Sabha a
certification of utilisation of funds by that Panchayat for the plans, programmes and projects referred
to in clause
(e);
(g) the reservation of seats in the Scheduled Areas at every Panchayat shall be in proportion to the
population of the communities in that Panchayat for whom reservation is sought to be given under
Part IX of the Constitution:
Provided that the reservation for the Scheduled Tribes shall not be less than one-half of the total
number of seats:
Provided further that all seats of Chairpersons of Panchayats at all levels shall be reserved for the
Scheduled Tribes;
(h) the State Government may nominate persons belonging to such Scheduled Tribes as have no
representation in the Panchayat at the intermediate level or the Panchayat at the district level:
Provided that such nomination shall not exceed one-tenth of the total members to be elected in
that Panchayat;
(i) the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making
the acquisition of land in the Scheduled Areas for development projects and before re-settling or
rehabilitating persons affected by such projects in the Scheduled Areas; the actual planning and
implementation of the projects in the Scheduled Areas shall be coordinated at the State level;
(j) planning and management of minor water bodies in the Scheduled Areas shall be entrusted to
Panchayats at the appropriate level;
(k) the recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be
made mandatory prior to grant of prospecting licence or mining lease for minor minerals in the
Scheduled Areas;
(l) the prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall
be made mandatory for grant of concession for the exploitation of minor minerals by auction;
(m) while endowing Panchayats in the Scheduled Areas with such powers and authority as may
be necessary to enable them to function as institutions of self-government, a State Legislature shall
ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically
with--
(i) the power to enforce prohibition or to regulate or restrict the sale and consumption of any
intoxicant;
(ii) the ownership of minor forest produce;
(iii) the power to prevent alienation of land in the Scheduled Areas and to take appropriate
action to restore any unlawfully alienated land of a Scheduled Tribe;
(iv) the power to manage village markets by whatever name called;
(v) the power to exercise control over money lending to the Scheduled Tribes;
(vi) the power to exercise control over institutions and functionaries in all social sectors;
(vii) the power to control over local plans and resources for such plans including tribal subplans;
(n) the State legislations that may endow Panchayats with powers and authority as may be
necessary to enable them to function as institutions of self-government shall contain safeguards to
ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at
the lower level or of the Gram Sabha;
(o) the State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the
Constitution while designing the administrative arrangements in the Panchayats at district levels in
the Scheduled Areas.