STATUS OF PANCHAYATI RAJ STATE PROFILE RAJASTHAN

Transcription

1 STATUS OF PANCHAYATI RAJ STATE PROFILE RAJASTHAN 711

2 Introduction: The total population of Rajasthan is 5.65 crore (2.942 crore men and crore women). The literacy rate of Rajasthan is 60.4% as per the census of The rural population is percent. Rajasthan s Panchayati Raj Act was passed on pursuant to the 73 rd Amendment Act, This came into effect on April 23, Certain important amendments were made in 1999, 2000 and Under this legislation, Panchayats at all the three levels have been entrusted with duties and functions with regard to all the 29 matters listed in the Eleventh Schedule of the Constitution. Table 1: Nomenclature used for the three levels of Panchayats Level of Panchayat District Panchayat Intermediate Panchayat Village Panchayat Name used Zilla Parishad Panchayat Samiti Gram Panchayat Basic Statistics concerning Panchayati Raj in Rajasthan: Table 2: Number of Panchayats at each level 1 : 1 Zilla Parishad 32 2 Panchayat Samiti Gram Panchayat 9188 Total 9457 Number of Elected Panchayat Representatives at each level 2 : Table 3-A: Gram Panchayat No. of elected representatives General SC ST OBC Total Women Sarpanch Percentage Ward Panch Percentage Rajasthan Election Commission s Report 2 Rajasthan Election Commission s Report 712

3 Table 3-B: Panchayat Samiti No. of elected representatives General SC ST OBC Total Women Total Percentage Table 3-C: Zilla Parishad No. of elected representatives General SC ST OBC Total Women Total Percentage Dimension 1: Effective Devolution of Functions Through the Rajasthan Panchayati Raj Act 1994, the State has devolved all 29 functions included in the Eleventh Schedule of the Constitution. Orders were first issued on regarding transfer of powers to PRIs as per 29 subjects listed in 11 th Schedule of the Constitution in view of the spirit of 73 rd Constitutional Amendment Functions of 18 departments and funds and functionaries of 16 departments were transferred, though subsequently the Government has stayed transfer of staff of PHED, Food and PWD department staff. A fresh exercise of Activity Mapping on the lines of the Task Force Report of 2001 of Ministry of Rural Development has been completed now for 18 s, namely, Primary Education, Fisheries, Health, Social Welfare, PHED, Ayurveda, Agriculture and Agricultural Extension, Land and Water Conservation, ICDS, Animal husbandry, Rajasthan Akhshay Urja, Irrigation, forestry, PWD, Tourism, Industry, Technical Edu. Food and Civil Supplies. The matter is pending at the highest level in the state government for approval. Dimension 2: Effective Devolution of Functionaries There is no Panchayati Raj Administrative and Technical Service of officials and technocrats. Rajasthan, earlier, used to have a system of screening staff from other departments, giving them special pay to motivate them to work in Panchayats. From onwards, the Zila Pramukhs and Pradhans have been made the reporting officer for CRs of CEOs/ACEOs and BDOs respectively. The Government has now constituted a Cabinet Committee to take decision on formation of Rajasthan Gramin Vikas Seva. Rules for Gramin Abhiyantriki Seva (Rural Engineering Service) have also been prepared. The statuses of devolution of functionaries at the Zilla Parishad level are as under 3 : 3 State Chief Secretary s order dated

4 Table 4-A: Subject Devolved 1. Agriculture Investigator, Jr. Acctt. UDC, LDC, Driver, Peon Ministerial 2. Minor irrigation 3. Forest 4. PHED 5. Education Ministerial staff 6. Social welfare 7. Fisheries 8. Woman and child deptt. 9. Soil Conservation Designation(s) of Functionaries General Technical Category Category Asstt. Director, Agriculture Extension with 3 Agriculture Officers with staff staff of (ZP) Agriculture officers. supervisors & Asstt. Agriculture officers (PS) Ministerial Asstt. Engineer staff (ZP) Junior Engineer (IP) - Asstt. Forest Conservator Staff Asstt. Engineer (Kept in Abeyance) Ministerial staff Ministerial staff Ministerial staff Ministerial staff Distt. Education officer (ZP) Block education officers (IP) Dy. Director/ Asstt. Director/ Social welfare officer/district Project officer (ZP) District Fisheries officers (ZP) Dy. Director ICDS and project Director (DWDA (ZP) CDPO and Supervisors (IP) Anganwadi workers (GP) District and conservation officer Asstt. Engineer Project Officers (ZP) Extent of Subordination Disciplinary Authority Zila Parishad for Minor Penalties (Upto Stoppage of 2 grade increments) Concerned PRI for Minor Penalties. (Upto Stoppage of 2 grade increments) Executive Engineer PHED Concerned PRI for Minor Penalties (Upto Stoppage of 2 grade increments) ZP for Minor Penalties (Upto Stoppage of 2 grade increments) ZP for Minor Penalties (Upto stoppage of 2 grade increments) ZP for Minor Penalties (Upto Stoppage of 2 grade increments ZP for Minor Penalties (Upto Stoppage of 2 grade increments) Supervisory Authority Director Agriculture. Chief irrigation Chief Engineer Forest Chief Engineer PHED Director primary education. Director Social Welfare. Engineer Director Fisheries Director Women and Child Deptt. Director Watershed Development and Soil Conservation 714

5 The Status of Devolution of Functionaries of devolved subjects at the Panchayat Samiti level are as under 4 : Table 4-B: Subject Devolved 1. Agriculture Ministerial staff of office 2. Minor irrigation 3. PHED 4. Industries Designation(s) of Functionaries General Technical Category Category Agriculture supervisors & Asstt. Agriculture officers - Maintenance staff Staff Junior Engineer (Kept in Abeyance) - Inspector Khadi and Village Industries 5. Education Ministerial staff Block education officers 6. Woman and Child 7. Food and Civil supplies Deptt. 8. Medical and Health Deptt. Ministerial staff Project Officers ICDS along with supervisors - Enforcement Inspectors (Kept in Abeyance) - Dy. CMHO(ZP) In-charge PHC (IP) ANM & MHW (GP) 9. Forest Deptt. - Forest Ranger and 2 Foresters/ Asstt. Foresters Extent of Subordination Disciplinary Supervisory authority Authority. Zilla Parishad Director Agriculture Concerned PRI XEN PHED Secretary Khadi and Village Industries Board IP for Minor Penalties (upto Stoppage of 2 grade increments) Zilla Parishad (Upto stoppage of 2 grade increments) IP District Medical and Health Officer IP for Minor Penalties (Upto stoppage of 2 grade increments) Chief Engineer Irrigation Chief Engineer PHED Director Industries Director Primary Education Director Woman and Child Deptt. Food Commissioners Director Medical and Health Chief Conservator Forest. The Status of Devolution of Functionaries of devolved subjects at Gram Panchayat level are as under 5 : 4 State Chief Secretary s order dated

6 Table 4-C: Subject Designations of functionaries Extent of Subordination Devolved General Category Technical Category Disciplinary Authority Supervisory Authority 1. Agriculture - VEW to discuss District Director progress and Agriculture Agriculture annual plan in GP Officer 2. Minor - Maintenance staff XEN Irrigation Chief Engineer Irrigation Irrigation 3. PHED - Hand pump IP XEN PHED machine 4. Women and - Anganwadi Project Officer Director Women Child Worker ICDS and Child 5. Medical and Health - ANM and MHW In-charge Primary Health Director Medical & Health Centre 6. Education - Para Teacher IP GP 7. Rural - Gram Sewak-cum- IP GP Secretary GP The DRDA has been merged in Zilla Parishad since and renamed as Rural Development Cell of Zilla Parishad. Dimension 3: Effective Devolution of Finances In a budget provision was made for introducing a grant-in-aid for PRIs in the budget provisions made by each department dealing with the 29 functions. The State therefore has a district sector/panchayat window in its budget and funds are being provided through this budget window to the Panchayats. It has to be ascertained that all funds pertaining to activities devolved to PRIs are provided through the Budget Window to the Panchayats. The Ministry of Panchayati Raj is undertaking a detailed pilot study in this matter. However, it is certain that once activity mapping is done, funds can be immediately appropriated to the Panchayat sector, because the provision for the same already exists. The details of the quantum of untied funds reaching each Panchayat are indicated below 6 : Table 5-A: Funds Allocated to PRIs under recommendation of SFC_II Sl. Financial Year Recommendation of Second SFC (in Lakh Rs.) Actual Allocation (In Lakh Rs.) State Chief Secretary s order dated SFC and 11 th Finance Commission s Report 716

7 Table 5-B: Funds Allocated to PRIs under recommendation of 11 th FC Sl. Financial Year Fund recommended by 11 th Finance Commission (In Lakh Rs.) Actual Allocation (In Lakh Rs.) State Finance Commissions: So far, three State Finance Commissions have been appointed. The details of the recommendations of the first and second State Finance Commissions are as follows: First SFC ( ) Resource Sharing 2.18 % of the net state tax proceeds may be devolved on the local bodies. The share of the PRIs and the ULBs out of the divisible pool would be in the ratio of 3.4:1, namely, the proportion of rural / urban population according to the 1991 census. Assignments of Taxes A nominal 10 % tax on land rent could be imposed by all Panchayat Samitis in the State. The State Government may consider vesting powers of imposition of land revenue on barani land 7 to ZPs. ZPs should levy a surcharge of 1 % on the sale of land in rural areas and ½ % surcharge on market fee. The panchayats should levy taxes or fees on dhabas, hotels, automobile servicing and repair shops, petrol and diesel pumps etc., situated on the national and state highways in their respective areas. Allocation Developmental assistance provided in Tenth Finance Commissions recommendations and matching contribution recommended may be distributed to GPs on the following basis: 50 % on the basis of incidence of property 40 % on the basis of total rural population 10 % on the basis of population in the non-desert Development Programmes / non- Drought Prone Area Programmes / non-tribal Area Development blocks. 7 Agriculture purely depends on rainfall 717

8 Land revenue on barani land may be shared by PRIs in the ratio of 60 % to GPs, 25% to PSs and 15 % to ZPs. Grants Grants for maintenance of rural roads and buildings may be given at Rs. 5000/- per panchayat and at Rs. 10,000/- per Panchayat Samities to maintain office buildings and staff quarters. Zilla Parishads may be given Rs. 20,000 per Zilla Parishad per annum. One time start-up grant of Rs. 5000/- may be given to each of 1856 Gram Panchayats newly created due to delimitation exercises carried out before the constitution of the Commission. Incentive grants may be given to each level of PRIs for functional improvement, and better performance : (a) Three cash awards for Gram Panchayats at each district level every year, of Rs. 2 lakhs, Rs. 1 lakh & Rs each, (b) Cash awards to Panchayat Samities at the Divisional level every year of Rs. 8 lakhs, Rs. 5 lakhs and Rs. 2 lakhs, (c) Cash awards to Zilla Parishads at State level every year of Rs. 8 lakhs, Rs. 5 lakhs and Rs. 2 lakhs. Grants of Rs crores may be given as matching share for utilization of grants of the Tenth Finance Commission. The existing per capita general purpose grant of Rs. 5/- may be raised to Rs. 11/- with an annual increase of 10 % per annum for Gram Panchayats, 0.50 to Rs per person per annum for Panchayat Samities and Rs /- per block for each Zilla Parishad. Powers and Functions Functions transferred to the PRIs and ULBs should be accompanied by transfer of resources & staff. Policy Rajasthan State Electricity Board should charge domestic rates from the panchayats for street lighting. A mechanism should be developed by the FD for transferring the surcharge to PRIs at the district level itself without treating it as state receipts. A Committee should go into the issue of strengthening the cadre of Panchayat and Municipal Services. Second SFC ( ) Resource Sharing 2.25 % of State s net own tax revenue excluding entertainment tax may be transferred to PRIs and ULBs in the ratio of 76.6 and 23.4 percent respectively. 15 % of the net revenue from entertainment tax and 1 % of net receipts from Royalty on minerals may also be transferred to local bodies. 718

9 Allocation Out of net proceeds of tax revenue of 2.25 %, 2.20 % amount may be paid as share in taxes for maintenance of civic services to PRIs and ULBs and 0.05 % as incentive money for raising resources from untapped sources by the Gram Panchayats and ULBs except corporations. The distribution of share in tax amount (2.20%) may be made among districts for PRIs based on 80% weightage for population, 10% for area and 5% each for illiteracy and poverty. 85% share in tax may go to Gram Panchayats, 12 % to Panchayat Samities and 3 % to Zilla Parishads. Grants The existing general purpose grant being given to PRIs in lieu of land revenue may continue Powers and Functions The powers, functions and responsibilities of the State Government and PRIs & ULBs may be demarcated clearly. Policy The life span of the SFC should be for a maximum period of 18 months. The Panchayati Raj Act / Rules may be amended to make recovery of certain taxes and fees obligatory for the PRIs. State Government should expedite rationalization of house tax provision to make it area based. The above recommendations of the SFCs have not been fully accepted by the Government. The third SFC has been appointed in September Own Revenues of Panchayats: The following are the main sources of own revenues for PRIs as per the Rajasthan Panchayati Raj Act: 719

10 Table 6-A: Main sources of own revenues for PRIs 8 Though complete details of resources collected by Panchayats are awaited, the figures Gram Panchayat Panchayat Samiti Zilla Parishad Taxes on buildings Tax on rent payable for the use of agriculture land Fee for licence for a fair or mela Octroi tax Tax on trades, calling, Surcharge on stamp duty professions and industries upto 5% on sale of property in rural area and on market fee upto half per cent Vehicle tax Primary education cess, Water rate Pilgrim tax Tax on Panchayat Samiti fairs Tax on commercial crops, Special tax for community works Water tax collected by the State Finance Commissions are as follows: Table 6-B: Total Sources of Funds of PRIs 8 (Rs. In Crores) Particulars A Zilla Parishad Own resources Receipt from state govt. Other Grants Total A B Panchayat Samiti Own resources Receipt from state govt. Other Grants Total B C Gram Panchayat Own resources Receipt from state govt. Other Grants Total C Panchayat Raj Rules

11 All PRIs Own resources Receipt from state govt. Other Grants Total (A+B+C) Source: Report of Second State Finance Commission (Rajasthan), page 55. Table 6-C :Total expenditure of PRIs 8 (Rs. In Crores) Particulars A Zilla Parishad Salary and Allowances Development Maintenance Total A B Panchayat Samiti Salary and Allowances Development Maintenance Total B C Gram Panchayat Salary and Allowances Development Maintenance Total C All PRIs Salary and Allowances Development Maintenance Total (A+B+C) Source: Report of Second State Finance Commission (Rajasthan), page 56. Transfer of funds is being done through treasuries up to Panchayat Samiti level. Gram Panchayats receive their funds through Banks only. SFC and TFC grants are being sent but sometimes they get delayed. 721

12 Dimension 4: Gram Sabhas As per the Rajasthan Panchayat Act, a Gram Sabha can be constituted, consisting of persons registered in the electoral rolls relating to village or group of villages comprising within the area of the Panchayat. There shall be at least two meetings of the Gram Sabha every year; one in the first and the other in the last quarter of the financial year. The quorum for the Gram Sabha is one-tenth of the total number of the Sabha. By an ordinance issued on (subsequently confirmed through legislation), provision has been made for Ward Sabha to be constituted at the ward level. According to the Panchayati Act, there is provision for conducting two meetings of Ward Sabha in every year, one in each half of the financial year. The quorum for the Ward Sabha is one-tenth of the total number of the Ward Sabha. There is no provision for Mahila Sabha meetings before the Gram Sabha. Under Section 8E of the Rajasthan Panchayat Act, 1994; the powers of Gram Sabha are as under: 1. Approve the plans, programmes and projects for social and economic development in order to priority from out of the plans, programmes and projects approved by the Ward Sabha before such plans, programmes and projects are taken up for implementation by the Panchayat; 2. Identification or selection of person as beneficiaries under the poverty alleviation and other programmes, in order of priority out of the persons identified by the various Ward Sabha coming under its jurisdiction. 3. Obtaining a certificates from the Ward Sabha concerned that the Panchayat has correctly utilised the funds provided for the plans, programmes and projects referred to in Clause (a) which have been expended in the area of that Ward Sabha; 4. Exercising social audit in respect of plots allotted to the weaker sections; 5. Formulating and approving development plans for Abadi lands; 6. Mobilising voluntary labour and contributions in kind or cash or both for the community welfare programmes; 7. Promotion literacy, education, health and nutrition, 8. Promotion of unity and harmony among all section of the society in such area; 9. Seeking clarifications form the Sarpanch and members of the Panchayat about any particular activity, scheme income and expenditure; 10. Identification and approval of development works in order of priority from out of the works recommended by the Ward Sabha; 11. Planning and management of minor water bodies; 12. The management of minor forest produce; 13. Control over institutions and functionaries in all social sectors; 14. Control over local plans and resources for such plans including tribal sub-plans; 15. Consider and approve the recommendations made by each Ward Sabha in the area of such Panchayat Circle; and 16. Such other functions as may be prescribed. 722

13 Dimension 5: Planning District Planning Committees are provided for in the Panchayat Raj Act of Rajasthan and they have accordingly been constituted. Guidelines have been issued for their functioning. It has to be ascertained if all districts are consolidating draft district development plans in accordance with Article 243 ZD of the Constitution. Annual plans are being prepared by Panchayats on the basis of a broad allocation indicated by the State on the basis of the previous years allocation. Dimension 6: Implementation Chairpersons of the GP (Sarpanch) are elected directly. No Citizen Charters have been issued or are prescribed for Panchayats. There are provision for the constitution of Standing Committees in PRIs for planning and implementation. Dimension 7: Parallel Bodies Parallel bodies, such as the School Development Management Committee formed by Education department, Water and Sanitation Committee formed by PHED, Social Forest Committee formed by Forest, etc. exist at the village level. Dimension 8: The Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) Rajasthan passed its conformity legislation in accordance with PESA on 30 th Sept However, in the absence of rules under PESA, GPs are formed similarly as they are in non- PESA area. Changes have been made to the provisions of PESA in respect of Gram Panchayat rights as follows: Land Acquisition: Vide Notification F.10 (5) Rev-6/2002/12 Dated of the Government, the powers of the Tehsildar under Section 183 (D) Rajasthan Tenancy Act regarding summary ejecting of trespassers from land held by a member of a Schedule Tribe in Scheduled Area shall be exercised by Panchayat Samiti. Control over Money Lenders: Under the Money Lending Act, power of Registrar General for tribal area have been vested in the Commissioner TAD, powers of the Registrar to Panchayat Samiti and powers of Assistant Registrar to village Panchayat with effect from Panchayats are empowered to issue notices to registered money lenders to submit annual returns of their accounts and can verify the charging of prescribed rate of interest and other violations of rules and take appropriate legal action. 723

14 Mining Lease and Licenses: Section 15 of the Mines and Mineral Development and Regulation Act, 1957 and Rajasthan Mineral Concession Rule 4(7) and (8) have been amended to make necessary provisions. Rule 4(8) of the Rules states that with effect from , no prospecting license, mining lease or any other mineral concession in respect of minor mineral shall be granted in scheduled area without obtaining prior recommendation of Panchayat Raj Institution at appropriate level as prescribed under PESA However, the words Panchayat at the appropriate level have not been clarified. Moreover recommendation has not been made specifically mandatory, as provided in Sections 3 (i) and (l) of PESA Dimension 9: Reservations for Women The details of the seats occupied by women may be seen in Table 3. Category-wise details of seats reserved are to be ascertained. Reservations of seats are rotated after every five-year term. Rajasthan was the first state to impose the two-child norm as a bar to standing for elections and as a disqualification for occupying a Panchayat elected seat. The State has persisted with this norm in spite of pressure to abolish it. In order to protect women sarpanches, it is provided that a no-confidence motion cannot be moved before two years have elapsed after elections. The seats vacated after resignation, the candidate belonging to the same category of reservation shall fill removal, death or no confidence. Dimension 10: Reservations for Scheduled Castes and Scheduled Tribes Details of seats occupied by SCs and STs are given in Table 3. Seats for SC and ST would be reserved in proportion of the population of such castes or, as the case may be, such Tribes to the total population of the area. Some SC/STs get elected on general seats but not in large numbers. Dimension 12:Panchayati Raj Jurisprudence Till now, no exercise of harmonization of other laws with the provisions of the State Panchayati Raj Act has been attempted. Dimension 13: Annual Reports on the State of the Panchayats (Including preparation of a Devolution Index) The Panchayati Raj prepares an annual report. However, this is not done at the level of the Panchayat. No State of the Panchayats report has been prepared. Dimension 14: Elections Legislative Provisions: The State Election Commission is responsible for conducting and supervising election to the local bodies in the State. The State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of 724

15 service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. The State Election Commissioner shall be provided with such staff as may be necessary for the discharge of his official functions. The State legislature may, by law, make provisions with respect to matters relating to Panchayat elections. The State Election Commission is empowered to prepare electoral rolls and conduct Panchayat elections. The SEC is not responsible for conducting elections to DPCs. Elections to Panchayats have been conducted in a timely manner. In the 2005 election, 64.09% votes were polled for ZP (34.32 male and 29.77% female) 64.32% for PS (65.78% male and 62.73% female) and 77.16% for Gram Panchayats (76.19% and 78.23% female). The next election is due in A model code of conduct has been prescribed for Panchayat elections. The electoral rolls for Panchayat elections are prepared on a ward-wise basis. Though it uses the relevant electoral roll of the state Assembly Constituency as the base, it is a separate and distinct document. There are provisions in the law for disclosure of election expenses and for filing annual property statements, for elected representatives. Dimension 15: Audit The audit of PRI accounts is done by the Local Fund Audit. Test audits are conducted by the C&AG of India as per section 75 of Rajasthan PR Act. The State has accepted the TGS system of the C&AG. CAG formats have been adopted for Panchayat accounting. There is no separate Public Accounts Committees (PACs) for reviewing audit paras of Panchayats. There is no separate Fiscal Responsibility Act for elected local authorities. Accounts of Gram panchayat are maintained by Panchayat secretaries. At the PS and ZP level accountants maintain these records. Dimension 16: Social Audit The Rajasthan Panchayati Raj Act is unique as it incorporates provisions of right to information in the Panchayati Raj legislation itself. The Gram Sabha therefore vigorously conducts social audit. NGOs such as Mazdoor Kisan Shakti Sangathan (MKSS) have facilitated social audit and helped in broadbasing this practice in Rajasthan. Dimension 17: IT enabled e-governance Under the Computerisation Automation - Refinement of Integrated System of Management & Accounts (CARISMA) project, the Government of Rajasthan has developed software for Panchayat level financial management. For improving of dissemination of information GRAMSAT Satellite Communication system is being established. Computers are available upto the Panchayat Samiti level. However, Gram Panchayats have not been computerized. At the Panchayat Samiti level, computers are operated by the Panchayat staff. NIC software is being used for the computerization. Information is now being updated on the National Panchayat Portal. 725

16 Dimension 18: Capacity Building & Training The State institute for Rural Development (SIRD) and Indira Gandhi Panchayati Raj and Gramin Vikas Sansthan, are involved in training Panchayat elected representatives and functionaries. There are 3 Panchayat Training Centres at Ajmer, Jodhpur and Dungarpur to train Panchayat elected representatives and functionaries at the division level. After the elections of 2005, the first round of 3 days training for elected representatives have been organized. 3 six days training has been imparted to Sarpanches and one days training for Ward Panches. Decentralized training is organized by using the cascade model. Games, films, group works were organized to develop understanding on different issues. NGOs are also involved at all levels for training. Several NGO professionals and ex-pri representatives have been involved as trainers. There is no functional literacy-training course for Panchayat members who need it. There is no federation of Panchayat members, particularly of women members in the State. However, the Panchayat Mahila Shakti Abhiyan has been launched in the State. Visit of Minister of Panchayati Raj The Minister of Panchayati Raj visited Rajasthan from 1 to 4 December 2006 and he signed a Statement of Conclusions with the Chief Minister of Rajasthan at the conclusion of the visit. Backward Districts Initiative Rashtriya Sam Vikas Yojana Central Assistance to the Districts under Backward Regions Initiatives (Rashtriya Sam Vikas Yojana) through the State Governments 3 Districts are under Backward Regions Initiatives Total allocation of fund Total Fund released Rs. 135 Crores Rs. 135 Crores Panchayat Mahila Shakti Abhiyan (PMSA) The State level conference of the elected women representatives was held in Udaipur on April