STATUS OF PANCHAYATI RAJ

STATE PROFILE - MAHARASHTRA

558

Introduction:

Maharashtra has had a tradition of strong Panchayats even before enactment of the Seventy Third Constitutional Amendment Act, 1992. The Bombay Village Panchayat Act 1958 defines the duties, responsibilities and powers of the Village Panchayats. After the setting up of the State of Maharashtra on 1.5.1960, the new Government of Maharashtra set up a Committee under the Chairmanship of the then Chief Minister, Shri V.P. Naik, on 28.6.1960 for strengthening of the Panchayats. Based on the recommendations of the Committee, the State enacted the Maharashtra Zilla Parishad and Panchayat Samiti Act 1961. The objective of the Act was “to provide for establishment in rural areas, Zilla Parishads and Panchayat Samitis, to assign to them local Government functions and to entrust the execution of certain works and development schemes of the State Five Year Plan to such bodies, and to provide for the decentralization of powers and functions under certain enactment to these local bodies for the purpose of promoting development of democratic institutions and securing greater measure of participation by the people in the State Plan and in local Government affairs.

Statistical details:

Maharashtra is spread over 3,07,713 square kilometers of area. As per 2001 census, its total population was 96,878,627. The disaggregated population was reported to be: Male: 50,400,596, Female 46,478,031; Scheduled Caste (SC): 9,881,656 and Scheduled Tribes (ST): 8,577,276. Since the SC community have migrated to urban areas, while the ST community have remained primarily rural, it reflects in the composition of Panchayati Raj Institutions, where the ST community have a larger representation compared to the SC, as shown in the following table.

Table 1A: Number of Elected Representatives at each Panchayat level

  Gram Panchayat        

 No. of elected representatives

General SC ST Total Women1 2 3 4 5 6

Total 172,370 24,624 26,863 223,857 75,148Percentage 77.0 10.99 12.00 100.00 33.56Source: Government of Maharashtra Date: February, 2002

  Panchayat Samiti        

 

No. of elected representatives

General SC ST Total Women

1 2 3 4 5 6

Total 3,005 429 468 3,902 1,317

Percentage 77.01 10.99 11.99 100.00 33.75Source: Government of Maharashtra Date: February, 2002

  Zilla Parishad        

559

 

No. of elected representatives

General SC ST Total Women

1 2 3 4 5 6

Total 1,502 215 234 1,951 653

Percentage 76.98 11.01 11.99 100.00 33.47Source: Government of Maharashtra Date: October, 2002

Dimension 1: Effective Devolution of Functions

Legislative devolution of functions :

Devolution of functions was done under the Bombay Village Panchayat Act, 1958 and the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961. The devolution of subjects, therefore, pre-dates the 11th Schedule and naturally does not follow the categorisation under this Schedule. 82 functions have been assigned to Village Panchayats under 12 heads, namely, Agriculture, Animal Husbandry, Forests, Social Welfare, Education, Medical and Public Health, Building & Communication, Irrigation, Industries & Cottage Industries, Cooperation, Self-defence & Village Defence and General Administration. All the subjects under the 11th

Schedule seem to be covered within the Schedules of the Acts of 1958 and 1961. Reclamation of waste land, assistance in implementation of land reforms schemes, conservation of manurial resources have been listed under Agriculture in the Village List of the Village Panchayat Act. Similarly, Dairy Development, Distribution of Improved Poultry, Sheep, Village Veterinary Centre and Fodder Development Plots have been listed under Agriculture and Taluka Live Stock Improvement Association have been put under Agriculture in the 2nd Schedule which lists subjects under the Panchayat Samiti. Measure for Development of Village Woodlands for purposes of pasture and fuel have been put under the heading of Forests. Propagation of Gramdan and Bhoodan movement have been put under Miscellaneous Head in the 1st Schedule of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961. Land Consolidation is thus covered in the Legislative Devolution. Panchayat Raj Training Centre (to the extent of securing proper selection of trainees and provision of TA/DA to the members of the Managing Committee of the Centre) is also listed under the Miscellaneous Head among the subjects allocated under Schedules I and II of the 1961 Act. 1st and 2nd Schedules of the 1961 Act cover 204 items which cover many more subjects than the limited broad heads under which they have been listed. If the complete list of subjects is taken into account, no subject except Non-conventional Energy Sources seems to have been left out.

Status after Seven Round Table Conferences:

According to the Government of Maharashtra, the above listed devolution of functions was reviewed by the Chief Secretary, Govt. of Maharashtra, in a meeting of all departmental Secretaries on 5.7.2005. It was considered that it would not be feasible to devolve subjects / functions, such as land improvement, land consolidation, dairy development, small industries, rural electrification, including distribution of electricity and public distribution system, listed in Schedule XI. However, as stated above, all these subjects are covered. Promotion, improvement and encouragement of cottage and village industries is covered under a separate head of Industries and Cottage Industries in Schedule I of Mumbai Village Panchayat Act, 1958. Fair Price Shops are covered under General Administration in this Schedule.Activity Mapping:

560

The Bombay Village Panchayat Act, 1958, lists 79 items under the Heads of Agriculture, Animal Husbandry, Social Welfare, Education, Medical and Public Health, Building and Communication, Irrigation, Industries and Cottage Industries, Cooperation, Self-Defence, Village Defence and General Administration. It may be seen from the above that land improvement and land consolidation have already been assigned to the Village Panchayat under the Act of 1958. Opening of fair price shops has been assigned to village Panchayats under the General Administration. Preparation of Plans for the development of the village and drawing up of programmes for increasing the output of agriculture and non-agricultural produce in the village has been assigned to Village Panchayat under General Administration in accordance with the Act of 1958. Lighting of the village has been assigned to the Village Panchayat under the Heads “Building and Communication”.

Zilla Parishad and Panchayat Samiti have been assigned 204 items in Schedules I and II of the Act 1961. Dairy Development along with poultry, piggery and cattle development has been assigned to the Zilla Parishad. Dairy Development has also been assigned to the Panchayat Samiti in the VII Schedule. Construction, maintenance and repairs of village roads, other district roads, major district roads and bridges on above mentioned roads have also been assigned to Zilla Parishad. Since Activity Mapping has been done in the Act itself, neither further devolution nor activity mapping seems to be necessary in the case of Maharashtra. What needs to be verified is the situation on ground. Maharashtra, in fact, seems to be taking advantage of the fact that the functions stated by them to be difficult to transfer to PRIs are listed under Heads such as General Administration or Agriculture. Since these functions have been devolved by legislation, they should be treated as devolved regardless of the Heads under which they have been put in the Act. In fact, activity mapping has been done under both the Acts of 1958 and 1961.

Status of DRDAs ( District Rural and Development Agency)

DRDAs continue to function as separate body under the Chief Executive Officer, though Zilla Parishad President is the Chairman of DRDA.

Dimension 2: Effective Devolution of Functionaries

Legislative provisions for devolution of functionaries:

Section 60 of Bombay Village Panchayat Act 1958 provides for appointment of Panchayat Secretary for a group of Panchayats based on size and population of the village and income of the Panchayat. Under Section 61, Panchayats have the power to appoint such staff as may be necessary for the proper discharge of its duties under this Act and pay their salaries from the Village Fund. A Panchayat may, from time to time, by written order, fine or dismiss any servant appointed by it but an appeal shall lie against such order to the BDO within one month from the date of the communication of the order to the servant. According to the fresh amendment made in the Mumbai Village Panchayat Act i.e. Act No. 3 and Act No. 27 of 2003, all the officials working in village level and non-Govt. organisations have been brought under the control of Village Panchayat. The expenditure on the salary of the employee is to be borne equally by the State Govt. and the concerned Village Panchayat.

Control of Staff:

561

Class I/II Officers: The officers of class I and II working in the Zilla Parishads report to HOD and the Chief Executive officers of the Zilla Parishad. The powers of recruitment, promotion and discipline action of Class I/II officers working in the Zilla Parishads are vested with the State Government. Class III/IV Officers are recruited by the Zilla Parishad.Chief Executive officer who is the Administrative HOD writes ACR of all Class I/II Officers of ZP.

At Intermediate Level:

Block Development Officer writes ACR of Class III and IV working in Panchayat Samiti.

Dimension 3: Effective Devolution of Finances

Financial Powers of Panchayats :

Gram Panchayats (GPs) have been authorised to accord administrative approval and sanction expenditure for the work costing upto Rs.3.00 lakhs for which technical sanction of Junior Engineer is required. If the cost of work is more than Rs.3.00 lacs and upto Rs.10 lacs, administrative approval of Panchayat Samiti and technical sanction of Assistant Engineer is essential. In case of works costing more than Rs.10.00 lacs administrative approval of Zilla Parishad and technical sanction of Executive Engineer is essential.

Powers of Panchayats to generate own revenue :

Gram Panchayats

According to Section 124 of the Bombay Village Panchayat Act, 1958, GPs can levy taxes on buildings and land, shops, hotels, trade, fairs, festivals, fee for supply of water from wells and tanks and piped water supply, grazing cattle and car and tonga stands.

Right of Zilla Parishads to collect taxes

According to the provision in the Maharshtra Zilla Parishad and Panchyat Samiti Act, 1961, the Zilla Parishad can levy the property tax, yatra tax, water charge fees on Melawas, Bazar fee, permission fee and special tax on land and houses which are mainly as follows :-

(a) Stamp Duty: As per the section 158 of Maharashtra Zilla Parishad and Panchayat Samiti act, 1961, the Zilla Parishads could charge `1/2 % stamp duty. Taking into consideration the recommendation of P.B.Patil Committee report, 1986, the Government of Maharashtra has amended the rules to increase the stamp duty to 1% w.e.f. 1st April, 1993.

(b) Cess on Land Revenue: As per Sections 144, 151, 152 and 155 of Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, the Zilla Parishads received an amount of 20 paise original cess and upto 180 paise additional cess on every rupee of land revenue. From 1st April 1993, the original cess been increased to 200 paise and additional cess of upto 500 paise on every rupee of Land Revenue.

(c) Cess on water charges: As per the section 146 of Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, the Zilla Parishads are entitled to receive an amount of 20 paise cess on every rupee of water charge. However, the provision of cess was not included in the Act of Irrigation Development Boards constituted during 1996-1998.

562

Hence, the Zilla Parishads lost their income. In 2001 Maharashtra Govt. decided that the Zilla Parishad should get the cess as per section 146 of Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961. The status of amendment of Irrigation Development Board Act to incorporate this provision is not available.

(d) Forest Revenue: As per the Section 181 (A) of Maharshtra Zilla Parishad and Panchayat Samiti Act, 1961, the Zilla Parishads are receiving 7% of forest revenue collected in their jurisdiction. After the receipt of First State Finance Commission’s report, State Govt. had taken decision to raise it from 7% to 10%. It is not clear whether amendment in the Act has been made.

(e) Water charges : The Stae Govt. had made amendment in the Mumbai Gram Panchayat Taxes and Fees Act, 1960 and reconstituted the rates of water charges, according to the size of pipe to individual connection and public connections

The plan Grants to PRI are separately budgeted and a budget document known as Appendix IV of the state Budget is presented in the Assembly. The funds are transferred through district treasuries to Panchayats.

Establishment of State Finance Commission (SFC):

The first SFC was set up in April 1994 and its report was submitted in November 1996. The State Govt. accepted the report with modifications in July 1997 and ATR was submitted to the State Legislature in April 1997. The Second SFC was set up in May 1999 and its report was submitted in October 2002. The State Govt. accepted the report in October 2002 and ATR was submitted to State Legislature during the Budget Session i.e. August 2003. Details of recommendations of the Second SFC and ATR of the State Government are not available.

There is reference to 124 schemes of nine Administrative Departments with their staff being transferred to the Zilla Parishad. However, details are not available. It has also been stated that financial assistance is provided to the Zilla Parishad for implementation of the transferred scheme. However, the quantum is not given. Again, details of financial powers given to Zilla Parishad and Panchayat Samiti have been given but details of their financial resources have not been given. Panchayats have the right to collect various taxes. However, details of tax collection have not been given. A consolidated finance and revenue account of all Zilla Parishads and Panchayat Samitis is submitted by the Chief Auditor Local Funds Account, Maharashtra, for every financial year. However, no details in this regard are available. The recommendations of the First State Finance Commission regarding payment of grants of land revenue, increasing rate of agency charges were only partially accepted. The Second State Finance Commission has recommended the tax sharing ratio between the State and the local body. The Third State Finance Commission has been constituted but its recommendations have not been received.

Eleventh Finance Commission

Maharashtra was allocated an amount of Rs. 65,672.90 lakhs by the Eleventh Finance Commission for Panchayati Raj Institutions. Out of this amount, an amount of Rs. 59,105.61 lakhs only was released to the State Government. Although, a matching contribution of

563

22,986.23 lakhs was provided by the State Government, the total utilization by the PRIs as reported by the State Government was Rs. 82,064.32 lakhs which is 88.62%1.

Twelfth Finance Commission

The Twelfth Finance Commission has allocated an amount of Rs. 1983 crore for the Panchayati Raj Institutions for the period 2005-10. The State has so far secured both the installments of 2005-06 amounting to Rs. 198.30 crore each as well as the 1st installment of 2006-07, which was released, on 15.9.2006. The State has, however, paid an amount of Rs. 1,23,86,958 as interest to the PRIs for delay in sending the allocations to the Panchayats beyond the stipulated 15-day period.

Dimension 4: Gram Sabhas

Gram Sabhas have been given extensive powers under Section 7 of the Mumbai Village Panchayat Act 1958 as amended in 2003. Six meetings of the Gram Sabha have been provided for, every year. It is mandatory to call the meeting of the women members of the Gram Sabha before every regular meeting of the Gram Sabha. A Panchayat is required to obtain permission of the Gram Sabha for incurring any expenditure on the development. Gram Sabha is also competent to approve the social or economic development plan, projects to be implemented by the Panchayat. Gram Sabha has the power to select beneficiaries for individual beneficiary schemes of the State or the Central Government. Unless exempted by the Gram Sabha, all the Government, semi-Government and Panchayat employees are required to attend the meetings of the Gram Sabha. The Gram Sabha has disciplinary control over the Government, semi-Government and Panchayat employees working in the village including the matters relating to their daily attendance in the office. It is provided that the Gram Sabha shall report to the concerned Block Development Officer the irregularities, if any, committed by any of such employees. The Block Development Officer shall consider such report within the period of three months from the date of its receipt. Such matters and the actions taken thereon shall be reviewed in the regular meetings of the Panchayat Samiti. If, the Block Development Officer fails to dispose of such reports within the specified period of three months, the same shall, on the expiry of the said period, stand transferred to the Chief Executive Officer of the concerned Zilla Parishad for disposal, whose decision shall be final. The Chief Executive Officer of the Zilla Parishad shall take the decision on such reports so transferred to him, within a period of three months from the date of their receipt.

Minimum 15 % of the total members of the Gram Sabha or a total of 100 persons whichever is less shall constitute a quorum for the meeting of Gram Sabha.

Dimension 5: Planning

DPCs have not been constituted in accordance with Article 243 ZD. Instead, a nominated body called the DPDC has been constituted, which is unconstitutional. Outlays are provided for various Centrally Sponsored Schemes in the District Plan as per the guidelines of the Central Government. Other resources include schemes for removal of regional imbalance, state pool schemes, credit plan, hill areas development programme and MLA fund. .

1 As per information provided by the Ministry of Finance.

564

Dimension 6: Implementation

Gram Panchayat shall place statement of expenditures incurred on development works, before the Gram Sabha every six months. Annual accounts and planning of proposed works is to be placed before first meeting of Gram Sabha. Gram Panchayats have to display information about the estimates of development works and expenditures incurred on the notice board.

Dimension 7: Parallel Bodies

The main parallel body is District Rural Development Agency (DRDA). In spite of the fact that Zilla Parishads have been strong in Maharashtra, the DRDAs have not been abolished. Zilla Parishad President is Chairman of Governing body, whereas Chief Executive Officer is Chairman of Executive Committee of DRDA vide Government order dated May 8, 2001. In March, 2004, the post Project Director DRDA is upgraded to the level of Additional CEO. Now, a senior officer in the rank of Additional CEO is looking after working of DRDA Dimension 8: The Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA)

The status with regard to implementation of the PESA Act 1996 in Maharashtra is indicated below :1. Specific references in Act/ Rules in respect of documentation / record of Customary Management Practices of Community Resources (Section 4a PESA)

As provided in Section 4a of the PESA Act, the State Legislature has made the necessary provisions in section 54(a) of the Mumbai Village Panchayat Act, 1958 as amended by the Maharashtra Act No.XXVII of 2003. The Gram Sabha in the Scheduled areas have been made competent to safeguard and preserve the traditions and customs of the tribes, their cultural identity, community resources and the customary mode of dispute resolution. However, the Scheduled Areas are not inhabited by tribes alone. The residents of village in the Scheduled Areas comprise of tribals belonging to more than one tribe, sub-tribe and non-tribe. In a large number of villages in the Scheduled Areas, non-tribals are in majority.

2. Definition of Village and its Average size in scheduled area of State.

Prior to 73rd Constitutional Amendment, the village and the group of villages have been defined in the Section 3(24) of the Mumbai Village Panchayat Act, 1958. According to this Section, “village” and “group of villages” means the village or, as the case may be, a group of villages specified in the notification issued under clause (g) of article 243 of the Constitution of India. For the Scheduled Areas, there is no separate definition of the village or the group of villages. However, by inserting the new section 54 (c) in the Mumbai Village Panchayat Act, 1958, clause (6) of the said section 54 (c) provides that if any dispute arises between the Gram Sabhas or any matter concerning to more than one Gram Sabhas within the area of the Panchayat, it shall be brought before the joint meeting of all the Gram Sabhas of that Panchayat and the decision taken by majority at such joint meeting shall be deemed to be the decision taken by each of the Gram Sabha.

3. Provisions with regard to role of Gram Sabha in Schedule areas and terms of--

(a) By inserting new Chapter III-A in the Mumbai Village Panchayat Act, 1958, special provisions have been made for Gram Sabhas and the Panchayats in the scheduled areas. Accordingly, vide section 54(a) of the Mumbai Village Panchayat Act, 1958, the Gram Sabhas have been made competent for approving the plans/programmes and

565

(a) Prior approval of plans, programmes and projects for social justice and economic development.

(b) Identification of beneficiaries of schemes/programmes (section 4e PESA)

projects to be implemented by the Panchayats for social and economic development. Actual implementing authority is the Village Panchayat. But unless approval is given by the Gram Sabha, Village Panchayats have no authority to implement the programmes and projects for social and economic development.

(b) Provisions have been made in section 54(a) (b) of Mumbai Village Panchayat act, 1958 and thereby the Gram Sabhas have been made competent to identify and select persons as beneficiaries under the various poverty alleviation and similar other programmes and schemes.

4. Provisions in respect of obtaining Utilisation Certificate by GP from Gram Sabhas

Under section 54(a) (c) of the Mumbai Village Panchayat Act, 1958, the Gram Sabhas have been made competent to issue to the Panchayat, a Certificate of Utilisation of funds, spent by the Panchayat for the plans, programmes and projects. Section 54(b) (a) makes it obligatory on the Village Panchayat to obtain from the Gram Sabha the certification of utilization of funds.

5. A provision for reservation of seats for women/STs in Schedule V Area PRIs

In case of Panchayat at appropriate level comprising entirely in the scheduled areas, seats to be reserved for the Scheduled Tribes shall not be less than 50% of the total seats and out of this 1/3 rd seats shall be reserved for women in each category vide section 12 and 58 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1958 and Section 10 of the Mumbai Village Panchayat Act, 1958.

6.Provisions in respect of nominations of STs in IP and ZP in Schedule V areas.

There is no separate provision in respect of nominations of STs either in scheduled areas or non-scheduled areas. Common provisions for all scheduled and non-scheduled areas and all the categories are provided in the Maharashtra Zilla Parishads and Panchayat Samitis Election Rules. According to these provisions, any person may be nominated as a candidate for an election to fill a seat from any electoral division, college and ward in a Village Panchayat provided he is qualified to be chosen under the Panchayat Acts.

7. Provisions in respect of Consultation with GS/Pal with regard to:(a) Acquisition of land in scheduled areas foe development projects

(b) Resettlement / Rehabilitation of persons affected by such projects

(a) Under Section 54(a) (I), it has been made mandatory for every Gram Sabha in the scheduled areas to be consulted before acquiring any land in the scheduled areas falling within its jurisdiction for development projects and resetting or rehabilitating any person affected by such projects in the scheduled areas. As per the provisions of section 54(b) of the Mumbai Village Panchayat Act, 1958, the land acquisition authority has to consult with the Village Panchayat before acquiring any land in the Scheduled areas falling within its jurisdiction, for development projects and re-setting or rehabilitating any person affected by such projects in the Scheduled areas. However, no Village Panchayat shall convey its views to the Land Acquisition Authority without approval from the Gram Sabha.

(b) As in point (a)

566

8. Provisions as to the powers of Panchayat at Appropriate Level (PAL) in planning and management of minor water bodies in Schedule V areas (Section 4(j) of PESA)

As per the provisions of section 54(a)(j) Gram Sabha shall be competent to plan the minor water bodies and grant approval to the decision taken in this regard by the Panchayat concerned. For this purpose, the definition of minor water bodies has been given in this section. According to this definition, minor water bodies means any water storage and irrigation storage including village tanks, percolation tanks, lift irrigation works up to 100 hectares. The management of the minor water bodies have been entrusted up to the Village Panchayat under section 54(b)(h)

9. Provisions governing recommendations of Gram Sabha /Panchayat at Appropriate Level for granting prospecting license or running lease for minor minerals in Scheduled Areas (Section 4(k) PESA)

Provisions have been made in section 54(a)(m) and 54(b)(c) of the Mumbai Village Panchayat Act, 1958, vide Maharashtra Act XXVII of 2003. . Any decision taken by the majority of the Gram Sabha concerned shall be binding on the concerned authorities and the Panchayat Raj Institutions at appropriate level. The Competent Authority in this respect can also consult the Village Panchayat. However, Village Panchayat cannot convey its views to the Competent authority without prior approval from the Gram Sabha. The power in this respect has been given only to the Gram Sabha and the Village Panchayat.

10. Are the recommendations of Gram Sabhas mandatory?

Yes.

11. Provisions governing recommendations of GS for granting concession for the exploitation of minerals by auction (Section 4(1) PESA).

Yes.

12. Are the recommendations of the Gram Sabhas mandatory?

Yes.

Dimension 9: Reservations for Women

One-third of the seats of Village Panchayat/Block Panchayat/District Panchayat as the case may be, is reserved for women (including reserved seats for SC and ST women). According to the available data, the number of elected women representative equals the number of seats reserved for them. 9,203 number of women hold the post of Sarpanch in the State.

567

Dimension 10: Reservations for Scheduled Castes and Scheduled Tribes

According to the provision contained in Section 12 and 58 of the Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961 and Section 10 of the Mumbai Village Panchayat Act, 1958 the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Panchayat shall bear, as nearly as may be, the same proportion, to the total number of seats to be filled in by direct election in that Panchayat as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes, in that Panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different electoral colleges in a Panchayat. Maharashtra has also provided for 27 % reservation for Other Backward Classes (OBCs).

Reservation for all categories has been given to each constituency by rotation. The manner of rotation have been prescribed in the rules i.e. The Maharashtra Zilla Parishads and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996 and the Mumbai Village Panchayat Act (Division of the Village into wards and Reservation of Seats for Women and SC and ST (Rules 1966).

Dimension 12: Panchayati Raj Jurisprudence

To make necessary amendments in the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 and The Bombay Village Panchayats Act, 1958, a committee was appointed under chairmanship of Shri G.B. Pingulkar, retired Divisional Commissioner. The committee has submitted its report to the Government. The report is being scrutinised and will be placed before the Legislative Assembly for approval.

Dimension 13: Annual Reports on the State of the Panchayats (Including preparation of a Devolution Index)

It is obligatory for the Zilla Parishads and Panchayat Samitis to prepare annual administration reports under Section 142 of the Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961. This report should include the audit note and the replies thereto and should be submitted to the State Legislature through the Rural Development Department of the State Government. Accordingly, the Block Development Officer of every Panchayat Samiti prepares an annual report on the administration of the Panchayat Samiti in respect of the financial year immediately preceding, by the end of July each year and places it before the Panchayat Samiti on or before the 15th day of August. After the report is approved by the Panchayat Samiti by a resolution, it is sent to the Zilla Parishad by the end of August, for inclusion in the administration report of the Zilla Parishad. Similarly, the Chief Executive Officer of every Zilla Parishad prepares an annual report on the administration of the Zilla Parishads in respect of the financial year immediately preceding by the end of August each year and places it before the Standing Committee and the Subject Committee on or before the 15th of September for approval with which each Committee is concerned. After the Committee adopts the report, with which it is respectively concerned, by resolution, the report of the Panchayat Samiti and that of the Zilla Parishad is then consolidated and placed before the Zilla Parishad on or before the 20th day of October each year. The Zilla Parishad adopts this report with such modification as it may considered necessary by passing a resolution to that effect. The report is then published in the form and in the manner prescribed in the Maharashtra Zilla Parishads and Panchayats Samitis (Publication of Annual Administration Report), Rules 1964. This report is also laid before each house of the State Legislature as soon as it is published and sent to the Government. In addition to the submission of Administrative Report, a Consolidated Finance and Revenue Accounts with an Audit Review

568

Report on the working of the Panchayati Raj Bodies in Maharashtra for every financial year is submitted to the Legislature of the State and later to the Panchayati Raj Committee (PRC) for seeking compliances. The Panchayati Raj Committee, after examining the Annual Administration Reports and Audit Review Reports on the accounts of the Panchayati Raj Institutions and also after examining the working of the Zilla Parishads and Panchayat Samitis by paying visits to them, submits its reports to the State Legislature. The Public Account Committee of the State Legislature also examines the audit paragraphs of the Panchayat Raj Bodies.

Dimension 14: Elections

In Maharashtra, State Election Commission was established in April 1994. The Commission has been empowered to delimit the constituencies for elections. The elections are conducted by the District Collector under the control and supervision of the State Election Commission. The State Government provides budgetary support and required funds for the functioning of the Commission and the election process. Funds are provided to the Collector on the basis of the requirement projected by him and the State Election Commission. Elections were conducted in all the 27 Zilla Parishads and 319 Panchayat Samitis in March 1997. Elections to Zilla Parishads and Panchayat Samitis were last held in February 2002. Elections to Village Panchayats are held prior to 4-6 months of completion of their 5 year term. No fixed date has been given for conducting the elections to Village Panchayats.

The GP consists of not less than 7 and not more than 17 members elected from multi member wards on the basis of adult franchise. The Panchayat Samiti consists of all directly elected members elected from electoral colleges in the Block for which each electoral division is divided into two electoral colleges. Zila Parishad is constituted of Councillors directly elected on the basis of adult franchise from electoral divisions in the Districts. Chairmen of Panchayat Samitis are also represented on the Zila Parishads.

Dimension 15: Audit

A consolidated finance and revenue account with an audit review report is submitted by Chief Auditor, Local Funds Accounts, Maharashtra, for every financial year. The consolidated finance and revenue accounts are based on the annual accounts submitted by the respective Zilla Parishads after due scrutiny by audit. A critical review on the working of the Panchayati Raj bodies and comments on points arising from the consolidated finance and revenue accounts are embodied in a separate report called the Audit Review Report. Annual Administration Reports of the Zilla Parishads are placed before the State Legislature. The State Legislature has appointed a Committee on Panchayati Raj to exercise the functions of the Public Accounts Committee and Estimates Committee in relation to the budgets and accounts of the Zilla Parishads and Panchayat Samitis.

Dimension 16: Social Audit

Panchayat Raj Samiti: A legislative committee, Panchayat Raj Samiti, reviews the accounts of expenditure for all the PRIs, from Zilla Parishads to Gram Panchayats.

Gram Sabha: Gram Panchayat shall place statement of expenditure incurred on development works, before the Gram Sabha every six months. Annual accounts and planning of proposed works is to be placed before first meeting of Gram Sabha. Gram Panchayats have to display information about the estimates of development works, and expenditures incurred on the notice board.

569

Dimension 17: IT enabled e-Governance

The Government of Maharashtra has started the process of computerization through the resources made available through 12th Finance Commission. All the Panchayat Samitis and Zilla Parishads have been provided with computers. Further, the PRIs have started the computerization of several processes such as preparation of Pay Roll, GPF Account keeping, Agriculture Pesticide/Insecticide and fertilizer licences, Reference Monitoring Systems.

As per directive of Panchayat Raj Ministry, the process of collecting and entering the database for all the PRIs for the Panchayati Raj portal has been started. A E-PRI project for computerization of all the Gram Panchayats is also under preparation. A large amount of official correspondence takes place through e-mail.

Dimension 18: Capacity Building & Training

The Rural Development Department maintains a large infrastructure for training the PRI representatives and officials. There are 11 Panchayati Raj Training Centres and 9 Gram Sevak Training Centres, and one Composite Training Centre in the State. Training programmes are organized for all the elected members of the PRIs, which include Sarpanch, Up Sarpanch, and members of Gram Panchayats. A Special Action Plan has been launched for training all PRI representatives from Zilla Parishads to Gram Panchayats. The Yashwantrao Chavan Academy of Development Administration (Yashada), the main training institution of the State Government, also includes the State Institute of Rural Development. From 2002-2003, in the training centres, on an average, 9,378 PRI Officials have been trained and in eleven Panchayat. Raj Training Centers, 26,662 PRI representatives have been provided with training.

Funds Given By The Ministry Of Panchayati Raj

During 2005-06, an amount of Rs. 2,13,59,500 was sanctioned and released to the Yashwantrao Chavan Academy of Development Administration, Maharashtra for Training of elected representatives. In addition, a programme funded by UNFPA for awareness of Health related issues in women elected representatives of PRIs is also being implemented by the YASHADA. Under this project, an amount of Rs. 17 lakhs was released to the Academy during 2005-06.

Backward Districts Initiative — Rashtriya Sam Vikas Yojana

Central Assistance to the Districts under Backward Regions Initiatives (Rashtriya Sam Vikas Yojana) through the State Governments

There are 9 Districts are under Backward Regions InitiativesTotal allocation of fund Rs. 405 CroresTotal Fund released Rs. 232.50 Crores

570