Wednesday, August 12, 2015

Devolution of Powers

After the launch of Community Development programme (1952) it was realised that there should be a institution at village level for its implementation. Panchayat Raj was inaugurated in Nagaur, Rajasthan in 1959 based on Balwant Rai Mehta Recommendations
Lord Ripon called as Father of Local self Government in India
Swaraj Trophy awarded for Best Panchayat

Evolution of Panchayats:
 Traditional Panchayats--every village formed a council for the system maintenance and conflict resolution.  Main function of this Panchayat was the distribution of justice known as Bhaichara Panchayats in Haryana consisted of the heads known as tholedars or lanedars survived British Rule and the creation of numberdars, and zaildars Bhaichara continue to exist even today
 Statutory Panchayats were created by law. Tracing origin to Report of the Royal commission on Decentralization (1907)  In  Punjab, the Punjab Village Panchayats act  was  made  in  1912  for  the  creation  of  the statutory  Panchayats but didn’t produce desired result-----lack of representative character and autonomy. Government of India act (1919) made local govt was transferred subject. Punjab Village Panchayats act (1921) failed due to political conditions prevailing at that time(non cooperation movement, civil disobedience )
Punjab Village Panchayat (1939) act extended right to franchise to SC’s but not to women. It conferred judicial powers and power to levy taxes to panchayats
73rd amendment
institutionalised Panchayat Raj institutions added Part IX to Constitution Articles (243 to 243O) eleventh schedule as functional items of panchayats, practical  Shape to Article 40
Gram sabha is a body consisting persons registered in electoral rolls of village within panchayat area at village level, its functions and powers are determined by state legislature
3 Tier System: Panchayat Raj at village, intermediate (state population>20lakhs), district level All the members of 3 tiers are elected directly chairpersons at intermediate and district level are elected indirectly by the elected members. Seats reserved to SC, ST’s proportionately 1/3rd  to women .5 year term at every level. Elections conducted by state Election commission
Finance commission shall recommend distribution of funds b/w state and panchayats of (i)net proceeds levied by state (ii)determination of taxes,duties,tolls assigned to panchayats (iii)grants in aid to panchayat
Post Amendment Review:
no ROLE CLARITY for PRI. No demarcation of powers B/w Line Dept of state Govt and PRI. Some of the agencies used to encroach on the domain of PRI
Local level planning with peoples participation became a myth as panchayats always depended on the funds from centre and state.
Low revenue and poor supply of funds became serious problem
PRI’s  are  entrusted  with development programmes like NREGA,IAY,SGSY,IWDP,DPAP,DDP,MPLADS,TSC,SSA,MDM PRI’s are only delivery agents of these schemes and cannot work under discretion
Or can’t make local level planning
Peoples participation is not as expected due to lack of knowledge of functions of GP and development programmes they became places of mere raising demands and blaming each other


Challenges:
Generation of own revenue rather than depending on centre or state
Strengthening SHG
Resolutions passed in Gram Sabha must identified in Gram Panchayat
Delimitation of panchayat territories based on population
Data maintenance and record keeping must be improved
Constraints: social inequality, caste system, patriarchy, feudalism, illiteracy
       
Positive Trends:
main role in delivery of development programmes
Peoples participation resolved local problems
SEC taken up panchayat elections seriously
Inclusion of earlier excluded sections particularly women in decision making
Shift of patronage from traditional families to political parties
Role of SHG:
Ensuring regular Gram Sabha meetings and increased attendance to meetings
Ensured presence of marginalised sections and women.
Role of women:
In 2009 union cabinet approved 50% reservation in PRi’s
Surveys indicate women members performed well
Participation of women increases when head is woman
Male members manage to elect one of their relatives and they control thereafter
Men in the families used to control  female elected members but situation is changing
Indicators for the Devolution Index 4F---Funds, Functions, Framework, Functionaries
Framework includes holding regular elections by SEC, constituting qualified members at regular interval for SFC and accepting their recommendations. District planning committee’s regular meeting consolidation of plans and integration with state plan
Functions: Functions assigned to panchayats ----legislative devolution, executive orders Role in central and state schemes, No of meetings held by GS and the role in approval of plan, Transparency
Finances: Fund availability and share of own revenue
Functionaries: Accountability of functionaries to panchayats
PESA ACT 1996:
All the chairpersons at three levels shall be ST’s
Half the total seats are reserved to ST,s

Functions of GS in (Extension to the Scheduled Areas) Act, 1996
Identification of beneficiaries, Plan approval, preserve customs, traditions cultural identity
Certifying the utilisation of funds by panchayats for the plans
GS or panchayats shall be consulted before making acquisition or rehabilitation for persons affected by the development programmes: actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the State level
Panchayats entrusted with planning and management of minor water bodies
Prior Recommendation of GS or panchayat  compulsory for granting mining license for minor minerals
State Legislature shall  ensure that the Panchayats   at   the   appropriate   level   and   the   Gram   Sabha   are endowed specifically with-power to enforce prohibition sale and consumption of intoxicant….ownership of minor forest produce….prevent alienation of land…manage village market….control local plan….lending to ST’s…control over functionaries

MOPR rules on PESA Act
Gram Sabha may constitute Standing Committees members elected in open meeting tenure 1 or 2 years
Joint meetings of Gram Sabhas falling under one Gram Panchayat chaired by Sarpanch
Gram Sabha will maintain a Gram Sabha Kosh under the control of GS. Accounts of the Gram Sabha Kosh shall be maintained in a register by a member of the Gram Kosh Committee.
Prevention and Restoration of land alienation
Accounting of birth, death etc.
Consultation with Gram Sabha for Departmental Programmes of Forests, Management of minor forest produce prior  approval  of  the  Gram  Sabha for trading Minor Forest Produce GS will have complete right over net profit
GS may provide punishment and can levy penalty for wrong doing up to some level

e-Panchayat was conceived as a Mission Mode Project (MMP) under NeGP(National governance Plan) Proposes to provide a whole range of IT related services such as Decentralized Database and Planning. PRI Budgeting and Accounting, Implementation and
monitoring of Central and State sector schemes, Citizen-centric Services, GIS mapping . Panchayats are faced with challenges of inadequate capacities and in certain areas even infrastructure capabilities to effectively deliver these responsibilities.
Bal Panchayat running a parallel self-government body by children asserting their right to education, health, entertainment and leisure.
13th Finance commission Recommendations

Corporation of Madras inaugurated in 1688, under a Royal Charter issued in 1687. Mayo’s resolution (1870) had created the municipalities in the urban areas. Ripon Resolution (1882) the district board at the district level  and  the  rural  board  at  the  taluka  /tehsil levels,  as  the  local  self  government

74th Amendment added Part IX A of constitution and Articles (243O-243ZG) Twelfth Schedule 18 functional items of municipalities
Nagar Panchayat for transitional area from rural to urban…Municipal council for smaller urban area Municipal Corporation for larger urban area
Members are elected directly, municipal area divided into wards, seats reserved  to SC,ST and women Term is 5 years election held by SEC
SFC shall recommend the principles governing distribution of net proceeds of taxes,duties,tolls,etc determination of taxes assigned to municipalities, grants in aid
District Planning Committee consolidates the plans of panchayats and municipalities in district and to draft a district development plan
Metropolitan Planning committee to prepare a development  plan
Audit of Municipal corporation accounts by CAG
Ministry of Urban Development----Apex authority of urban development concerned about
Properties of Union i.e. Land and buildings, Central Public Works Organisation. Government Civil Works and Buildings including that of UT’s excluding works of min of railway, DOT, Posts DOAE,Space, Administration of Government estates


Jawaharlal Nehru National Urban Renewal Mission (JNNURM):
Launched in 2005---fast track development of cities, accountability, community participation
Duration-7 years(extended by 2 years) sought to develop selected cities
Capacity building of ULB through Comprehensive capacity building programme


Urban Infrastructure Governance (UIG) Project is a sub mission of JNNURM on major infrastructure related to water supply, sanitation, solid waste management ,roads, urban transport

Urban Infrastructure Development Scheme for Small and Medium Towns [UIDSSMT]
Integrated Development of Small and Medium Towns (IDSMT) and Accelerated Urban Water Supply Programme (AUWSP) are subsumed to it.
The Objectives of the Scheme are to:
a) Improve Infrastructure facilities and help create durable public assets and quality oriented services in cities and towns.
b) Enhance public-private partnership in infrastructural development
c) Promote planned integrated development of towns/cities.
Other issues:
"Peer Experience and Reflective Learning" (PEARL) programme was launched to foster cross learning and knowledge by formation of groups among JNNURM cities having similar socio-economic profile and urban issues.
Accelerated Urban Water Supply Programme (AUWSP) 1993-1994 implementation of Water supply schemes in small town centre assistance to state at 50:50
National Urban Transport Policy has been formulated by the Central Government. The focus of the policy is to "Move People Not Vehicles."
City Volunteer Technical Corps (CVTC's) are voluntary groups professionals of urban planning, urban governance. Their role is to advice in city governance, poverty reduction programmes,ensuringaccountability,transparency,people’s participation
E governance main objective is to increase interaction b/w people and govt ,improve transparency accountability fast delivery of services
Other Initiatives by MOUD
Model Municipal Law formulated to assist ULB
Provided 50 % reservation to women in ULB
Implementation of the 13th Central Finance Commission Recommendations
Urban Transport and Urban development in North East given priority
North Eastern Region Urban Development Programme (NERUDP) with assistance from Asian development Bank to improve 5 state capitals
Model Municipal Law salient features:
A unified law for three levels of ULBs
Executive power of a ULB to be exercised by the Empowered Standing Committee
Indirect election of Mayor/Chairperson with five years term.
Constitution of a Wards and Ward Committee
Classification of functions into:(a) Core municipal functions (including water supply, drainage etc), (b) Functions assigned by Government;(c) Other functions
State government can dissolve an elected body if it shows default in performance or abuse of powers, after giving due notice and review by a committee
Provision to implement of the recommendations of State Finance Commission.
Appointment of Municipal Accounts committee
State govt can appoint chartered accountant as auditor
Empowers ULBs to generate internal revenues Property tax assessment system on area or capital value basis.
setting up of State Municipal Regulatory Commission to determine user charges
participation of private sector and NGOs in construction, financing and delivery of services including billing and collection
provide representation of ULBs in District/Metropolitan Planning Committees
Offices under MOUD
CENTRAL PUBLIC WORKS DEPARTMENT DIRECTORATE OF PRINTING,DIRECTORATE OF ESTATES,LAND AND DEVELOPMENT OFFICE
National Buildings Construction Corporation Limited. Is a public sector Undertaking



13th Finance Commission Recommendations:
State Governments should lay down guidelines for the constitution of nagar panchayats
Local bodies should be transferred 2.28% of the divisible pool of taxes
State Governments should appropriately strengthen their local fund audit departments through capacity building as well as personnel augmentation
State Governments should incentivise revenue collection by local bodies.
Income from Royalties must be shared with local bodies under jurisdiction income arises
Setting up of bodies similar to SFC not covered by PART IX of constitution
Local bodies should be associated with city planning functions wherever other development authorities are mandated this function. These authorities should also share their revenues with local bodies
Development plans of civilian areas within cantonment board be brought to District Planning committee.
13th Finance Commission study says that there are large Inter city variations in Property Tax collections. States should focus on improving coverage and collection efficiency and establish Central Valuation Board on the lines of the West Bengal Central Valuation Board in order to standardise property assessment and valuation to best exploit its potential






Sources:
www.panchayat.gov.in
www.moud.gov.in
www.jnnurm.nic.in
www.fincomindia.nic.in


NAME: P.Sasidhar Reddy

















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