STATUS OF PANCHAYATI RAJ STATE PROFILE - JHARKHAND

Transcription

1 STATUS OF PANCHAYATI RAJ STATE PROFILE - JHARKHAND

2 Introduction Following its Constitution as a separate State, Jharkhand has enacted its Panchayati Raj Act. This has been done in accordance with the provisions of the 73 rd Amendment to the Constitution and that of the Panchayat Extension to the Scheduled Areas) Act, 1996 are applicable to this State. The State accordingly brought about changes in its Act and announced Elections. However, the Hon ble High Court was pleased to strike down the provisions relating to the reservation of seats of the head of the Panchayat for the members of the ST Communities. The matter has been taken to the Hon ble Supreme Court by the Government of India in a SLP. A number of other parties have also moved the Hon ble Supreme Court. The matter is likely to be taken up after summer vacations. However, the State Government needs to adopt a must proactive role in the matter. Dimension 1: Effective Devolution of Functions Part I: Basic Statistics covering number of Panchayats at each level, number of elected member categories wise Total number of Gram Panchayat in the state Total number of Panchayat Samiti in the state- 212 Total number of Zilla Parishads in the state-22 Activity Mapping has not been initiated. Dimension 2: Effective Devolution of Functionaries Since elected Panchayats have not been constituted Activity Mapping has not been initiated and these issues of devolution of Functionaries and Finances do not arise. DRDAs have not been merged with ZP. Deputy Commissioner is the Chairperson of DRDA. DRDA handles implementation of most rural development schemes. On an average the DRDA budget per district is approximately over Rs. 10 crores. Dimension 3: Effective Devolution of Finances What are the delegations of financial powers to Panchayats in the State? The State does not have a district sector/ Panchayat window in its budget. However, it is reported that there is a strong system of traditional Panchayats functioning in other areas in the form of Manki-Munda and the Pasha systems. Last year, the State Government decided to allot Rs.50,000/- each to the traditional panchayats. These funds yet to reach the Panchayats. In the absence of elected Panchayats, the issue of sending of untied funds to Panchayats does not arise. SFC or Central Finance Commission Grants are nto being given to Panchayats. Only one SFC has been appointed till so far. It is headed by a serving officer of the State government. The SFC has not yet submitted the report as yet. Not applicable since no Panchayat bodies exist and no recommendation from SFC. 260

3 Dimension 4: Gram Sabhas Power and functions of Gram Sabha and its annual meeting under section 10 of Jharkhand Panchayati Raj Act (JPRA 2001) are as follows- Powers and functions of Gram Sabha and its annual meeting- 1. Under Rules to be made by The State Government in this regard and subject to such general or specific orders as may time-to-time be issued by the State Government, the Gram Sabha shall perform the following functions, namely a. i) Identification of economic development schemes for the village and formulation of criteria for fixing their priorities. ii) Approval of schemes for social and economic development including all the annual schemes pertaining to the Gram Panchayat, before implementation of programmes and projects. iii) Discussions on annual budget of the Gram Panchayat and making recommendations thereto; iv) Deliberations on audit report and annual accounts of the Gram Panchayat; v) Deliberations and confirmation of appropriate utilization of funds for the schemes, programmes and projects specified under section 10 (a) a (2) by the Gram Panchayat; vi) Identification and selection of persons as beneficiaries under poverty alleviation and other programmes; vii) Assuring distribution of funds or resources among beneficiaries and their proper use. viii) Activating people towards community welfare programmes and receiving contributions in cash or kind or in both and participation of voluntary worker; ix) Enhancing general conscience unity and amity among people in general; x) Keeping control through Gram Panchayat over such organisations and such functionaries in social sectors, as have been transferred to the Gram Panchayat or appointed by the Gram Panchayat; xi) Managing natural sources as land, water, forest falling within the limits of the village area according to the constitution and other relevant laws then in force; xii) Giving advice of the Gram Panchayat as to regularization and utilization of small reservoirs; xiii) Keeping watch over local schemes and over sources and expenditure of the said schemes; xiv) Sanitation and conservancy as well as prevention and solution of nuisance; xv) Construction, repairs and maintenance of public wells and ponds as well as making available drinking water for domestic use; xvi) Making available and maintenance of rural roads, culverts, bridges, embankments and other works and buildings of public utility. xvii) Construction and maintenance of rural roads, culverts, bridges, embankments and other works and buildings of public utility. xviii) Construction, maintenance and conservancy of public roads, cess-pits, drains and other public places; xix) Filling up of wells not in sanitary ponds, ditches and holes ; xx) xxi) Providing light on village paths and other public places; Removal of hindrances and projections to public streets and places as well as the spaces which are not private properties or which are open for public use whither such places are vested in the Panchayat or belong to the State Government. 261

4 xxii) Regulating and controlling recreations, games-shows, sops, eating houses and vendors of beverage, sweets, milk and similar other articles; xxiii) Regulating construction of houses, cess-pits urinals, drains and flush latrines; xxiv) Management of public land and management, extension and development of village site; xxv) Disposal of corpuses, carcasses (including those unclaimed) and other obnoxious articles in such a way that the same may not be injurious to health; xxvi) Providing places separately for dumping rubbish; xxvii) Responsibility for sale and Test of meat; xxviii) Taking care of the Gram Sabha-properties; xxix) Establishment and management of pounds and maintenance of records regarding cattle; xxx) Taking care of ancient and historical monuments excepting those which have been declared to be of national importance and maintaining grazing ground and other lands lying within control of the Gram Sabha; xxxi) Maintaining records of births, deaths and marriages; xxxii) Assisting in census or other surveys done by centre, state or other organisation constituted lawfully; xxxiii) Giving assistance in control of contagious disease, vaccination etc. work; xxxiv) Helping the disables and restitutes (including women and children); xxxv) Expansion of youth welfare, family welfare and sports; xxxvi) Afforestation and conservation of village forestry; xxxvii) Abolition of dowry like social evils; xxxviii) Implementation of orders of the State Government or other competent officers to improve the condition of scheduled castes, scheduled tribes, backward classes and to prevent untouchability; xxxix) Preparing schemes for basic amenities and making arrangements therefore; xl) Helping disabled women/children; xli) Execution of work assigned of construction work as per specified schemes within the Gram Sabha area; xlii) Exercise and discharge of powers and functions assigned by the State Government under this Act or any other law in force in the State for the time being. b) For discharging these functions and duties the Gram Sabha may constitute the following standing committees, namely:- (i) Village Development Committees. (ii) Government estate committee, (iii) Agriculture committee, (iv) Health Committee, (v) Village Defence Committee, (vi) Infrastructure committee, (vii) Education committee and social justice committee, (viii) Vigilance committee. (c) Reservation of seats, terms of office, resignation, procedure for removal, conduct of business, members, eligibility for member-ship, meeting manner of filling vacancy, selection of secretary and procedure of Standing Committees shall be as may be prescribed by the presiding officer; (d) Village Development Committee shall prepare a scheme for all-round development of the village and shall put up the same before the Gram Sabha for its approval; 262

5 (e) Every Gram Sabha may set up a fund which, consisting of the following four parts, shall be known as Gram Kosh (Village Fund):- (i) (ii) (iii) (iv) Grain Kosh Labour Kosh Commodity Kosh, Cash Kosh The following shall be deposited in these funds:- (a) Donations, (b) Incentive amounts (c) Other income (f) Gram Kosh shall be kept in such a manner and maintained in such a way and form as the prescribed. 2. Annual Meeting of Gram Sabha- Gram Panchayat shall put up before the annual meeting of the Gram Sabha, which shall be held at least there months before the start of the next financial year, the following matters:- (i) Annual Return of account, administrative report of the preceding financial year, last audit report and reply given relating thereto, if any; (ii) Programme relating to development and other works proposed for the next financial years; (iii) Annual budget of the Gram Panchayat and annual scheme for the next financial year; (iv) Report of the vigilance committee; (v) Explanation called for from Mukhia and members of the Gram Panchayat in respect of any particular activities, schemes, income and expenditure; 3. Gram Panchayat shall also place before the Gram Sabha the matters which may be required by the Panchayat Samiti, Zilla Parishad, Deputy Commissioner/District Magistrate or any other officer authorized in this behalf, to be placed before such a meetings; 4. Gram Panchayat shall under this section implement the recommendation made by the Gram Sabha in respect of the matters before it, if any, in the light of the rules of the State Government in force for the time being. 5. Extra powers and functional of Gram Sabha in Scheduled areai) It shall protect and preserve the traditions and customs of persons their cultural identity and community means (Sarna, Masna, Gohar-Sthan etc.) and their customary manners of disposal of disputes, which are not inconsistent with constitutional view-point, and when needed may for the sake of extending co-operation in this regard, duly bring proposals before the Gram Panchayat, Panchayat Samiti and Zilla Parishad as well as the State Government; ii) It may manage the natural sources including land, water and forest within the village areas according to its tradition but in tandem with the provision of the constitution and duly keeping in view the spirit of other relevant laws in force for the time being; iii) It may provide for local schemes including tribal sub-schemes and sources and costs iv) for such schemes; It shall exercise such other powers and discharge such functions as the State Government may assign or delegate to it under any law in force for the time being; v) Gram Sabha, through the Gram Panchayat, Shall manage Bazaars of the villages, and fairs including cattle fair, irrespective of their name. 263

6 6. In addition to functions specified under section 10 (1) (a) and extra powers and functions of Gram Sabha in scheduled area mentioned under section 10 (5), the State Government may time to time ascertain other extra powers and functions for Gram Sabha in scheduled area. 7. Gram Sabha shall be free to consider any subject related with the functions of the Gram Panchayat and the Gram Panchayat shall implement its recommendations in the light of then prevalent rules. 8. Functions of the Gram Sabha mentioned in Section 10 (1) (a) and section 10 (5) shall not effect the Acts/ Rules of the Government then Prevalent and it jurisdiction. 9. The State Government may, by general or special order increase the functions and duties delegated to the Gram Sabha or may withdraw the same. There is a provision for Ward Sabhas at the village level in Scheduled areas. Ward and Gram Sabha meetings are directed to be held. Four times in a year, with not more than 3 months gaps between the meetings. There are no prefixed dates for there meetings Quorum for meetings, particularly for women, SC/ST, landless labourers etc According to section 7 of the Act, the quorum for a meeting shall be one tenth of the total members of the Gram Sabha, out of which at least one third should be women. In scheduled area, the quorum for the meeting shall be one third of the total members of the Gram Sabha, out of which at least one third should be women. If at the time appointed for the meeting, members in requisite numbers for the quorum are not present, the person presiding the meeting shall adjourn meeting to such a future date and time as she may appoint and a fresh notice shall be given in the prescribed manner and quorum shall not be require for holding such an adjourned meeting, provided that no new subject shall be taken into consideration in such a meeting. There are no provision for Mahila Sabha meetings before gram sabha meeting Dimension 5: Planning There is a provision under the law for District Planning Committees (DPCs). DPCs have not been constituted. Provisions for Standing Committees in Panchayats for planning and implementation of allotted subjects exist under the Act. Dimension 6: Implementation According to JPRA' 2001, the Chairperson of the Panchayat is to be directly elected Dimension 7: Parallel Bodies Since, there are no Panchayat bodies. The bodies exist, for engagement with local people are created by Government Departments e.g. Education, Health. 264

7 Dimension 8: The Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) Panchayats are constituted on the basis of population and geographical considerations. Ethnic identities are not really considered. About 113 Blocks are within the Scheduled Areas. Dimension 9: Reservations for Women Since no elections have been held, details are unavailable. Dimension 10: Reservations for Scheduled Castes and Scheduled Tribes There is reservation in PESA areas (reservation of Chairperson +50 P.C). seats for tribals for ST). In other areas it is proportionate to population. However, since no elections have been held, details are unavailable. Dimension 12: Panchayati Raj Jurisprudence There has been to effort at harmonization of other laws with State PR acts. Dimension 13: Annual Reports on the State of the Panchayats (Including preparation of a Devolution Index) No Annual Reports are being prepared. Dimension 14: Elections No clear cut status has been accorded to the SEC. There is mention in the Act about the role of SEC in conducting elections to the DPC. Dimension 15: Audit Points on audit of Panchayats do not arise as elected Panchayats do not exist. Dimension 16: Social Audit The Gram Sabhas do conduct social audits of various government programmes, but not as Part of a process of holding the GPs to account. Dimension 17: IT enabled e-governance There is no computer in most of the blocks. There are no Panchayat buildings/ offices in majority of the blocks. 265

8 Dimension 18: Capacity Building & Training There are excellent facilities at State Institute of Rural Development (SIRD) and regional centers for training. However, no training programmes are conducted since no elections have been held. Backward Districts Initiative Rashtriya Sam Vikas Yojana Central Assistance to the Districts under Backward Regions Initiatives (Rashtriya Sam Vikas Yojana) through the State Governments 16 Districts are under Backward Regions Initiatives Total allocation of fund Total Fund released Rs. 720 Crores Rs. 615 Crores 266