1. The Lakshadweep Panchayats Regulation,1994 promulgated by the President of India on 23rd April,1994.
2. The provisions of the regulation was brought into force in the Union Territory of Lakshadweep on 23.05.95. THE PANCHAYAT SET UP IN THE UNION TERRITORY OF LAKSHADWEEP
3. No. of Village(Dweep) Panchayats in the UnionTerritory of Lakshadweep : 10
4. No. of District Panchayats: 1
5. Total No. of Members of Village (Dweep) Panchayats: : 79
6. Total No. of Members of the District Panchayat: 33
7. Date of elections conducted to constitute the panchayat: 14.12.97 and 30.12.97.
8. Date of the constitution of the panchayats:
a. Village (Dweep) Panchayats: 19.12.97 and 05.01.98.
b. District Panchayat: 23.01.98
DETAILS OF SCHEMES TRANSFERRED TO THE DISTRICT PANCHAYAT
No of major schemes transferred : 16
No of scheme components : : 45
No of Govt. employees transferred : 799
In pursuance of the Constitution (Seventy third amendment Act,1922 the Regulation entitled the Lakshadweep Panchayat Regulation 1994 has been formulated as approved by the Govt. of India . Now the new legislation is in force. With the introduction of Panchayat Raj System, the Pradesh Council and Island Council have been replaced by the Administrator's Notification F.No. 5/11/93-PCS vol.II dated 34.4.94 and F.No. 5/11/93-PCS vol.II dated 29.5.95.As such the Pradesh Council and Island Councils is no more in existence in this Union Territory. With introduction of panchayat Raj system there will be 10 Village (Dweep) Panchayats in all the 10 inhabited islands and one District Panchayat with its headquarters at Kavaratti.
THE PANCHAYAT AND THEIR CONSTITUION
(1) With effect from such date as the Administrator may be notification appoint in this behalf, there shall be constituted for the purpose of this Regulation a Village (Dweep) Panchayat on each of the island specified in the first schedule and a District Panchayat for a Union Territory.
(2) Subject to the provision of the Regulation, a Panchayat shall consist of such number of seat to be filled by persons chosen by direct election from territorial constituencies in the Panchayat area, as may be notified from time to time, by the Administrator. Provided that the number of seat in each Village Dweep Panchayat consist on the basis of population.
Under Section 87 of the lakshadweep Panchayat Regulation,1994
1.The President of India by notification, specify the Election Commission constituted under section 185 of the Andaman and Nicobar Islands(Panchayat) Regulation,1994 shall also be the Election Commission for the superintendence direction and control of the preparation of electoral rolls for and the conduct of all elections to the Panchayats in the Union Territory of Lakshadweep.
2. The Administrator shall, when so requested by the Election Commission, make available to that Commission such staff which the Administrator considers necessary for discharge of the functions conferred of the Election commission by sub Section
PREPARATION OF ELECTORAL ROLL
As per rule 14(1) the electoral registration Officer shall be responsible for preparation and safe custody of aducate number of copy to electoral roll of conduct of election which shall be kept under the expiration of one year after the next the rolls are completed.
As per rule 19 (1)(2) the Returning Officer for each constituency shall be the Officer of the Administration as the Election may in consultation with the Administrator designate or nominate. The Returning Officer shall perform the functions for conducting elections and it shall be general duty at any election to do all such acts and things as may be necessary for effective conducting the election as per Regulation.
For the purpose of the election to the Panchayat the Deputy Collector/SDO/ASDO were designated as Returning officers of respective islands.Rules also contemplated and provided appointment of Asst: Returning Officers, Polling Officers, Polling Assistant by the Election Commissioner and Returning Officers. Rules also provided for nomination of election agent, Polling agent and Counting agent by the candidates.
Under rule 24 of the lakshadweep Elected Panchayat Rules,1995 contemplated by the Administrator Notification of Election fixing dates, calling upon all the wards of an island to elect members for the Island Council containing details (a)the date, place and hours for making nominations,(b) the date, time and place for scrutiny of nominations (c) the last date and hours for withdrawal of candidature and (d) the date on which the hours during which a poll shall, it necessary be taken. The Returning Officer was required to fix polling places and notify for information of electors. Rule 43 required every nomination paper delivered under rule 38 to accompany a declaration in writing specifying a particular symbol which the candidate has chosen for his first preference out of the list of approved symbols and also specifying two other symbols out of that list which he has chosen for his second and third preference respectively. Provided that the choice to be made by a candidate under this rule shall be subject to such restrictions as the Election Commissioner may think fit to impose in that behalf. Rules also provided publication of notices of nominations, scrutiny of nomination, withdrawal of candidature, list of contesting candidates in alphabetical order, declaration of uncontested election, and conduct of election if there are more than one contesting candidate in a ward. Election was conducted during 14th December,1997 in the prescribed manner. On declaration of the result, the Returning Officer reported the results to the Election Commission.
On receipt of the results of the election, Administrator under section 78(1) of Lakshadweep Panchayat Regulation,1994 constituted the first Village (Dweep) Panchayat for each island and District Panchayat vide Notification F.No.1/19/97-PE dated 16- 12-97,appointing 19-12-97 as the date on which the first meeting shall be called. The SDO/ASDO/DC/AO of respective island was specified by the Administrator to preside over the first meeting. The Chairman and Vice Chairman were elected in that meeting. The District Panchayat was started functioning on 23-1-98.The President Cum Chief Counselor and Vice President Counselors were elected on the day.
Soon after constitution of Panchayat in these island during December,1997 all the Schemes of the wage employment and Rural Develoment Programme were handed over to Village Dweep Panchayat for implementation. Village (Dweep) Panchayats are the sole agency for the hole islands for identification of beneficiaries under the different Schemes of the DRDA and fully responsible for implementation of wage employment programme.
Soon after the constitution of District Panchayat in January,1998,the Administrative control of the DRDA was fully transferred and placed under the District Panchayat by the administration and the governing body of the DRDA Lakshadweep has also reconstituted and nominated the President Cum Chief Counselor, as the Chairman of the governing body and one third representative to the Chairperson of the Village Dweep Panchayat and members of the District Panchayat. Also most around one third of Fund of UT Administration will be spent by the Panchayat for the implementation of the development programme in their respective Panchayat area and about 1060 employees of the UT Administration are proposed to be transferred to the Panchayat for implementation of the programme under the guidance of the Panchayat bodies.
The UT Administration has already submitted draft salary and allowances rules for the Panchayat functionaries and its member for the consideration and approval of Govt. India. To avoid hardship to member of the Panchayat for attending to the meetings and devotion of more time to the affairs of the Panchayat by these functionaries and members. The UT Administration has been paying monthly remuneration and TA/DA to them, after making a report to the Govt. of India
SET UP IN LAKSHADWEEP.
The Lakshadweep Panchayats Regulation,1994 was promulgated by the President of India, on 23rd April, 1994 and the provisions of the Regulation were brought into force in the Union Territory of Lakshadweep on 23.05.95. As per the 1st schedule of the Regulation there has to be 10 Village (Dweep) Panchayats and a District Panchayat for the whole of Lakshadweep . The Village(Dweep) Panchayats were constituted in December,1997 and the District Panchayat in January,1998.
The Election Commission for UTs has already initiated action for preparing for the Panchayat General Election due in December,2002 and the process will be completed without any delay to constitute the Panchayat by December,2002.
The Lakshadweep consist of 93% Scheduled Tribe population . There are 79 seats in the Village (Dweep) Panchayat and 22 seats in the District Panchayat for direct election. All the above 101 seats are held by Scheduled Tribe candidates. 30 out of 79 members of the Village Panchayats, 8 out of 22 District Panchayat members and 4 out of 10 Chairpersons of Village Panchayats are women members.
The Lakshadweep Administration transferred schemes and programmes from the sectors of Agriculture, Animal Husbandry, Public Health, Industries, Cooperation, Education, Fisheries, Social Welfare, Electricity, Environment, Rural Development and Public works to the Panchayats along with staff and fund for its operation under the Panchayats. 25 major schemes with 76 sub schemes along with 800 employees of the UT.Administration have been deployed and placed under the District Panchayat. 24 major schemes with 100 sub schemes along with 249 employees of the UT.Administration have been deployed and placed under the Village(Dweep) Panchayats. The schemes and programmes transferred by the UT.Administration and schemes of its own are implemented by the Panchayats with assistance of these deployed UT.Administration employees.
The District /Village Panchayats prepare their own schemes and budget annually and after its approval both in the Village Panchayat and in the District Panchayat meeting, the annual budget for the panchayats is recommended by the District Planning Committee where 2/3rd of its members are from among the elected representatives.