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Functioning of Panchayati Raj Institutions In Odisha

Functioning of Panchayati Raj Institutions In Odisha. Structure. Zilla Parishad Panchayat Samiti Gram Panchayat Gram Sabha Palli Sabha. Representative Democracy. Participative Democracy. LEGAL FRAMEWORK. Constitution. Central Act 73 rd Amendment PESA- Act MGNREGA- Act

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Functioning of Panchayati Raj Institutions In Odisha

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  1. Functioning of Panchayati Raj Institutions In Odisha

  2. Structure ZillaParishad PanchayatSamiti Gram Panchayat Gram Sabha PalliSabha Representative Democracy Participative Democracy

  3. LEGAL FRAMEWORK Constitution • Central Act • 73rd Amendment • PESA- Act • MGNREGA- Act • FRA- Act • State Act • O. ZillaParishad Act • O. Panchayat Samiti Act • O. Grama Panchayat Act Rules Operational Guidelines Executive Instructions

  4. Gram Swaraj • The village will be self governed- • People will discuss, • Take decision and • Implement decision • No external intervention.

  5. Constitution - 1950 • Article – 40: • State will take steps for organising Gram Panchayats • The Gram Panchayat will be Local self Goverment. • The State may endow Panchayats with powers and authority. • Gram Swaraj concept of Gandhiji converted into Gram Panchayat

  6. 73rd Constitutional Amendment Act-1993 • Key Features -: • Constitutional Status for Gram Sabha. • 3 tier P.R.System. • Duration : 5 years. • Reservation of status – SC / ST / OBC / WOMEN. • 5 ) Power, Responsibility & Authority. • To function as Local Self Government (LSG) • Prep. of plan for Social Justice & Economic Development. • Implementation of Schemes (Listed in the 11th Schedule) • 6 ) State Finance Commission. • 7 ) State Election Commission. • 8 ) Special provisions for Schedule Areas (PESA).

  7. Important Features of PESA-Act • Gram Sabha approves the plans, programmes and projects • Gram Sabha is competent to safeguard and preserve the tradition & customs and cultural identity. • Gram Sabha identifies the beneficiaries. • Gram Sabha is endowed with the ownership of MFPs. • Approval of Utilisation Certificates in Gram Sabhas. • Reservation of seats. • Gram Sabha or PAL is consulted for land acquisition, management of minor water bodies, grant of licence or mining lease, prohibition/regulation of the sale & consumption of any intoxicant, power to prevent alienation of land, managing village markets and others.

  8. Odisha Gram Panchayat Act - 1964 Sec – 3. GRAM All villages within Gram Panchayat Sec – 4. GRAMSASAN Registered Voters of all villages Sec -- 5. GRAM SABHA The legal meeting by all the voters of Grama

  9. GRAM PANCHAYAT

  10. Gram Sabha Sec- 5 and Rule-3 Place - On Rotation basis, convenient place to be decided by the Sarapanch When – Twice in Feb and June Notice – Clear 15 days Quorum – 1/10th of total voters, Women attendance 1/3 of members present President – Sarapanch/ Naib-Sarapanch/Nominated Person Subject – Budget Approval, Development Works ,Beneficiary selection, U.C approval. Decision – Majority opinion/ Casting vote Minutes - Proceeding Recording and signing by the President.

  11. Palli Sabha Sec - 6 and Rule - 4 Place - For each Revenue village and place to be decided by W.Ms When – February of each year and Special PalliSabha as and when required. Notice – Clear 15 days Quorum – 1/10th of total voters, Women attendance 1/10 of members present (as far as practicable). President – Ward Member / Nominated Person Subject – Budget Approval, Development Works ,Beneficiary selection,U.C approval, Decision – Majority opinion / Casting vote Minutes -- Proceeding Recording and signing by the President.

  12. POWER & FUNCTIONS-GP • Plan and Implement schemes for the • Social Justice • Economic Development FUNCTIONS Discretionary Obligatory

  13. Obligatory Function of Gram Panchayat Sec. 44 • Construction, Repair, Maintenance and improvement of Public Streets. • Lighting, Watering and Cleaning of Public streets. • Construction, Repair, Maintenance of Drains. • Construction, Repair, Maintenance of Supply of Water. • Scavenging and Removal and Disposal of Filth. • Measures of preventing and checking of Epidemics. • Protection and Maintenance and Development of all Public Properties. • Establishment, Management and Maintenance of Common Grounds, Lands of Common benefit. • Supervision and Maintenance of Soil Conservation works. • Regulation of Mela, Fairs and Festivals. • Implementation of Schemes for Social Justice and Economic Development. • Management of Minor Forest Produce, Small Scale Industry, Rural Housing, Poverty Alleviation Programme, Women & Child Welfare Programme, Public Distribution System.

  14. G.P Meeting Sec. 124, & Cond. of Business Rules Time - Once in a month. Place - Gram Panchayat Office. Notice - 7 clear days Quorum - 1/3rd of the Members. President - Sarapanch / NaibSarapanch / Panel members. Decision - Majority opinion / Casting vote.

  15. Power of Sarapanch

  16. Power of Sarapanch • She/he is responsible for all securities , properties , asset , records , and documents of the GramaSasan. • She/he is responsible for proper working of the GramaPanchayat. • She/he prepares all required statements and reports • She/he exercises supervision and control over the acts , and proceedings • of all officers and employees of the GramaPanchayat. • She/he is the authority to enter into correspondence on be half of the Gram Panchayat

  17. Power and Functions of the Naib-Sarapanch • The Naib-Sarpanch shall exercise such powers , discharge such duties • and perform such function as delegated by the Sarpanch from time • to time. • If the post of Sarpanch falls vacant the Naib-Sarpanch performs the • functions of Sarpanch until a new Sarpanch is selected. • When the office of the Sarpanch is vacant for more than fifteen days • then Naib- Sarpanch assumes the office to carry out the functions • of GramaPanchayat. • In the absences of the Sarpanch the Naib-Sarpanch presides over the • meetings of the GramaPanchayat

  18. Power and Functions of the Ward Members • Preside over the PalliSabha of the respective wards • Can access to the records of the GramaPanchayat after giving due notice to the Sarpanch during office hours. • Move resolution and question any office bearer about the administration of the GramaPanchayat. • Inspect all works undertaken by the GramaPanchayat.

  19. Power and Functions of the Ward Members • Ward member can inspect the assets of GramaPanchayat twice in a year( 30th June and 30th December). • The members have the right to inspect all the institutions , controlled manages and directed by the GramaPanchayat and bring to the notice of the Sarpanch about any irregularities. • When the post of Sarpanch and NaibSarpanch remain vacant or they remain absent for more than 15 days then the officiating power will be given to one of the wards members as per the prescribed rule.

  20. He shall record proceeding of PalliSabha,GramSabha and Standing committees. • He shall make correspondence to different quarters. • He will receive daks and put up the same in files for order of the Sarapanch.. • He shall receive stock under different schemes . Public • Distribution System and the stock in the stock register. Role and Responsibilities of Panchayat Executive Officer

  21. Role and Responsibilities of Panchayat Executive Officer • He will see Public Distribution System articles reaches to eligible consumers and maintain accounts and records of Public Distribution System. • He will supervise works under works executed by the GramaPanchayat • he shall collect tax imposed by the GramaPanchayats and the amounts so collected be credited to Gram Fund. • . Exercise such other power , discharge such other duties and perform such other functions as may be conferred or assigned to him by or under the Act

  22. Role and Responsibilities of Panchayat Executive Officer • All the records , files and valuables , assets of GramaPanchayat will be in his custody. • He will send a copy of the proceeding of GramaPanchayat Meetings to the concerned BDO and Sub Collector within 7days o the meetings. • He shall maintain the records of the proceedings of the • meetings of GramaPanchayat and Cash book of Grama • Panchayat. • He will scrutinize the daily cash transaction of the GramaPanchayat and send for the signature of Sarpanch • He will sign while withdrawing money from the saving books of GramaPanchayat.. • Any other works as may be assigned by the G.Pand Govt.

  23. Devolution of 3Fs • Fund – PanchayatSamiti and GramaPanchayats implement projects & programmes. • Functions – 22 subjects of 11 Departments out of 29 subjects • Functionary – adequate at PanchayatSamiti level.

  24. OdishaPanchayatSamiti Act-1959 • Constitution of Blocks- Sec-15 • Appointment of Addl Block Dev Officer Sec – 15-B • Appointment of Block Dev. Officer –Sec -15-A • Constitution of PanchayatSamiti • Every Block shall have a Samiti consisting of the following members ( Sec – 16 ) • Chairman / Vice-Chairman • P.S.Member • Sarapanch of the G.P. • M.Ps & M.L.As representing Block area. • Member of the Council of States ( in case of Registered Voter of the Block area)

  25. Elected Reps & Officers of the PanchayatSamiti • This is the middle stage of 3 tier P.R System. • This stage maintains liason between G.P and Z.P. • All the officers of the P.S are accountable to the PanchayatSamiti.

  26. Powers & Functions of PanchayatSamiti Supervision & Enforcement of Laws relating to vaccination. Planning, Execution & Supervision of Dev.Progs Imp.& Management of the subjects ( 11th Schedule ) Sec-20 OPS-Act Management of Pry.Edn Prep.of Plans for Social Justice & Eco Dev. Standing Committees Inspection & Supervision of G.Ps Management of Endowments/Trusts Sec – 19. The Executive Authority of the Samiti is vested with the Chairman. B.D.O is the Executive Officer of the Samiti.

  27. Powers & Functions of Chairman/Vice-Chairman Convene & conduct the P.S.meeting. ( CoB Rule-1969) Signing of bills & claims exceeding Rs-2 lakhs. Inspect & Supervision of all works undertaken by the P.S. Sec-20-A OPS-Act Verify the CB of Cash book,( PSAP-2002 ) Grant of leave ( OPSAOA Rule-3-1987 ) App of Tour Diary of BDO Rule- 11 Annual Report on the work of BDO Rule -5 Use of Block Jeep Rule-9

  28. Management of Fund • Fund is to be managed as per decision of the Gram Panchayat, PanchayatSamiti& ZillaParishad. • However sanctioning authority is to follow prescribed guidelines for utilization of funds. • Panchayats have limited scope for utilization of fund as per own decision. PanchayatSamiti Fund --: Sec -- 28 • All money received by a Samiti shall constitute a fund called P.S. Fund. • The fund shall be administered in accordance with the O.P.S.Accounting Procedure Rule- 2002. • The B.D.O shall subject to the control of the Govt, remain in charge of the P.S. Fund and administer the same as per norms prescribed. GramaPanchayat - Fund is jointly managed by Sarpanch and the Executive Officer as per Odisha GramaPanchayat Rules. PanchayatSamiti - Block Development Officer is responsible for management of fund as per PanchayatSamiti Accounting Procedure Rule. ZillaParishad - Executive Officer authorized to manage the funds as per ZillaParishad Rule

  29. Income & Expenditure of a PanchayatSamiti Sourcers of Income : Sec-29 • Funds relating to institutions and schemes transferred by the Govt. • Funds relating to the C.D Programme. • Central and State Aid. • Donation and contributions received by the Samiti . • Share of the land revenue, State taxes or fees. • Proceeds from taxes, surcharges or fees which the Samiti is empowered to levy. • Income from endowments Trusts or other Institutions administered by the Samiti Expenditure • Salaries and allowances of employees. • Travelling Expenses incurred by the members of the Samiti for attending meeting • Any item of the Expenditure directed by the Govt. for carrying out the purposes of this Act.

  30. Audit • Annual Audit of the Accounts of GramaPanchayat and PanchayatSamiti is conducted by Local Fund , AG , Chartered Accountants and also by the primary stake holders through Social Audit. • Accountant General conducts test audits of accounts of GramaPanchayat and PanchayatSamiti.

  31. Procedure of Audit • Prior notice to Local Authorities at least before two weeks . • Attend the office of the Local Authority during the regular office hour. • Removal of office record only with written permission of the Head of Office. • Verification of cash balance securities postage stamps, permanent advance, un-disbursed pay and printed receipt forms. • Issue of objection memo. • Collection of objection statements before the closure of audit. • Reporting of any loss of money or stores by embezzlement, theft, fire to the Examiner of Local Accounts and the Local Authority. • Discussion of the Audit Report with the local authority with a view to explain the irregularity personally and settle at the spot as far as possible. • Preparation of the Audit Report and its submission to Examiner of Local accounts who shall forward a copy to Local Authority.

  32. Things which matter in utilization of funds • Timely convening of PalliSabha, GramaSabha, GramaPanchayat Meeting, PanchayatSamiti Meeting and ZillaParishad Meeting. • Timely approval of Projects and selection of executants at the appropriate level. • Clear Guidelines. • Adequate supporting staff. • Coordination among elected representatives, officersand public.

  33. OdishaPanchayatSamiti Rules O.P.S. –( Administration of Affairs Rules- 1987.) O.P.S.- ( Borrowing of money and grant of Loans -- 1972.) O.P.S. – ( Budget Rules -1969 ) O.P.S – ( Conduct of Business Rules 1969.) O.P.S – ( Constitution of Standing Committee Rules – 2002 ) O.P.S.– ( Election Rules 1991.) 7 ) O.P.S – ( T.A. Rules 1975 ) 8 ) O.P.S –( Accounting Procedure Rules – 2002 )

  34. OdishaPanchayatSamitiAdministration of Affairs Rules- 1987 Key Features --: • Rule – 3- Inspection of works by the Chairman • Rule – 4- Grant of leave of B.D.O. • Rule – 5- Annual Report on the work of the B.D.O • Rule – 7- Forum of the Chairman’s orders, observations and instructions • Rule– 8– Correspondence from and to the Samiti. • Rule – 9- Tour of Chairman.

  35. Powers & Functions of the B.D.O See Rule -13 • The B.D.O shall work under the control of the Chairperson of the PanchayatSamiti and shall be the Executive Officer of the Samiti. He will prepare the plan, execute and supervise all the development works under his jurisdiction. • He will prepare the budget estimate for approval by the Samiti. • He will remain in charge of PanchayatSamiti fund and can spend with prior approval of the PanchayatSamiti. • All the Government grants shall be deposited in PanchayatSamiti fund and it shall be spent in proper way. • To take care for correct entry of the proceedings of PanchayatSamiti meeting.

  36. Power & function of BDO.... • Submission of reports and returns to different quarters. • To be punctual for preparation of Confidential Character Report (CCR) of his subordinates by 15 April each year and submission of Confidential Character Report of Extension Officers to their respective departments. • To look after the proper maintenance of Service Book of all staff under his/her control. • To attend all the PanchayatSamiti meetings and take care for correct recording of proceedings. • Receipts and expenditures shall as per provision under law. • To attend all correspondence on behalf of the PanchayatSamiti.

  37. Powers & Functions of the B.D.O. • To comply the defects pointed out during the audit of the • PanchayatSamiti Accounts . • To take proper action on the misutilisation of public properties during execution of any development works. • Submission of tour programme and tour diaries of the Chairperson to the Collector, District office and Sub-collector for information. • Shall report the casual vacancy of the members of the Panchayat Samiti to the Chairperson and Collector for further action at their end. • Scrutinize the different Development works undertaken by the • PanchyatSamiti.

  38. Powers & Functions of the B.D.O. • Report the loss of life and properties during natural calamity to the Sub-collector and Collector in time and arrange for relief works for the affected people. • Inspect and supervise the work of the GramaPanchayats under PanchayatSamiti and submit the report to the PanchayatSamiti, for approval. • Take action for the works executed at the GramaPanchayat level for completion in time and shall be as per govt. instruction. • To inspect the Gram Panchayat s under his jurisdiction.

  39. Powers & Functions of the B.D.O. • At the same time to check the utilisation of government grants on different schemes and supervise the projects under execution. • To give technical advice to GramaPanchayat and Samiti. • To look after the measurement and check measurement done by the Technical authorities in time. • If any misappropriation or misutilization of fund found at the time of inspection or visit to the Gram PanchayatandSamiti shall be reported to the Chairperson and Collector. • Submit the tour programme and tour diaries to the Chairperson, Sub-collector, Collector in time and the comments of the Collector shall be brought to the notice of the Chairperson.

  40. Power & Functions of BDO ... • To conduct meeting of the Extension officer, Village Level Worker/ Lady Village Level Worker at least two days in a month. • In addition to the above, BDO shall see the maintenance of vehicle, all the movable and immovable properties under control and of PanchayatSamiti. • Further , BDO is to attend any other works entrusted by the Government in Panchayati Raj Department.

  41. Power & Functions of ABDO See Rule-14 • The Additional BDO shall exercise the powers and discharge the duties and functions of the Block Development Officers when the BDO remains absent due to transfer, leave or any other reason. • He shall work under the administrative control of the BDO and assist the BDO in supervision of all the Welfare Schemes like NREGA, SGSY, BRGF, Gopabandhu GraminaYojana etc. and ensure monitoring and follow up arrangement in respect anti-poverty programmes in Block.

  42. Power & Functions of ABDO ... • He shall conduct one half-yearly inspection of Block Office and annual inspection of the work of as many VLWs as may be specified by the BDO. • Verify the Stock and Store of Block Office at an interval not exceeding two months. • Assist the BOO in conducting regular Staff Meeting to monitor activities and progress of Extension Officers /VLWs and conduct the Staff Meeting on specified dates in absence of the BDO.

  43. Power & Functions of ABDO ... • Visit each Gram Panchayat at least once annually and advice for better performance of functions assigned to the Gram Panchayat. • Functions as the Officer-in-Charge for all Social Welfare Schemes and in particular shall make every endeavour so that pensions payable to the destitute, aged, widows and disabled persons are paid to the beneficiaries punctually. • Ensure timely distribution of Salaries of Primary School Teachers and supervision of Public Distribution System.

  44. Power & Functions of ABDO ... • Approve tour programmes and tour diaries of Village Level Workers. • The power of Drawing and Disbursing Officers shall be delegated to the ABDO-Cum-Accounts Officer by the BDO so that he can function as Drawing and Disbursing Officer and double lock officers in respect of cash. • He will be responsible for daily maintenance of Cash Book and Accounts. However, monthly cash verification would be done by the BDO and ABDO jointly.

  45. Power & Functions of ABDO ... • All files / case records relating to accounts shall be passed through ABDO-cum-Accounts Officer and he shall submit the utilization certificates and compile audit reports subject to over all control and supervision by the Block Development Officer. • Take up regular analysis of Cash and P.L Account of the Block. • Visit and inspect the progress of schemes and work according to the directions of the BDO. • Be in-charge of Computer Cell of the Block and will ensure daily maintenance Information Management System(MIS). • Shall perform such other duties as the Block Development Officer may assign to him from time to time .

  46. O.P.S. – ( Budget Rules -1969 ) • Rule – 3-- The B.D.O shall each year frame a budget estimate showing the probable receipts and expenditure for the following year ( Form-B-I ) • Rule – 10 – The Annual Budget prepared by the B.D.O.& approved by the Chairman shall be placed before the Standing Committee ( Planning & Finance ). By Ist Feb • The P.S shall discuss and approve the budget and shall • be placed before the Collector for approval by • 29th March • Rule – 16– PanchayatSamiti is not authorized to incur any • expenditure not included in the Budget. • Rule – 18– Whenever the sanction of any authority is required for • any proposed expenditure, such sanction is to be • obtained.

  47. O.P.S.- Conduct of Business Rules -1969 PanchayatSamiti Meeting Rule- 3. The meeting shall be held at the office of the Samiti. Rule- 4. Every Samiti shall meet at least once in every two months. Rule – 5-. Notice of the meeting. ( 7 clear days ) Rule– 6. Agenda for a meeting. Rule– 8- Convening special meeting by Chairman on requisition of 1/3 rd members. Rule– 13. Quorum 1/3 rd of the total numbers of Non-official members having right to vote Rule– 17. Resolution by a majority of votes of Non-officials . Rule– 19. Minutes of the proceedings. Rule– 26. Orders of the day. Rule– 27 to 29. Resolution ( Decorum )

  48. O.P.S.Constitution of Standing Committees Rules -2002 Rule– 3. Constitution of Standing Committee. • Planning ,Finance, Anti-poverty Programme & Coordination . • Works,Irrigation,Electricity,Drinking Water Supply & Rural Sanitation. • P.D.S,Welfare of Weaker Section,Forest,Fuel and fodder. • Education, Sports and Culture. • Agriculture, Animal Husbandry, Soil Conservation Horticulture Watershed Development & Fisheries. • Health, Social Welfare including Women & Child Development. • Handicrafts, Cottage Industry,Khadi and Village Industry and Rural Housing. Rule - 4. Composition of Standing Committees.( 5 for having 20 or more G.Ps/3 for less than 20 GPs ) Rule - 7 Function of Standing Committee Shall Review the matter assigned and ensure proper implementation of the Plans and Projects.

  49. O.P.S. Accounting Procedure Rules -2002 • Rule – 4. Payment from the PanchayatSamiti Fund may be made by the B.D.O subject to prior approval of Chairman in absence of budget provision. • Rule – 8. Withdrawal from pass Book – No amount shall be drawn unless it is necessary for immediate disbursement supported by a resolution to incur expenditure. • Rule – 9. Guiding Principles for incurring Expenditure. • Sanctioning Officer shall ensure strict economy at every step and shall avoid extravagance. • No authority shall pass an order or sanction the expenditure which will be directly / indirectly advantageous to himself. • Fund shall not be utilized for the benefit of a particular person or section of the community UNLESS-: • The amount of expenditure is insignificant or, • a claim for the amount could be enforced in the Court of Law. • The expenditure is in pursuance of policy of the Government. • The amount of allowances granted are not on the whole a sources of profit to the recipients.

  50. Accounting Procedure Rules -2002 – cont.. • Rule – 10. Funds shall not be diverted from one scheme to another without approval of Govt. • Rule – 16. The B.D.O & Chairman shall sign the payment order where the amount exceeds Rs. 2 Lakhs. (within seven days ) • Rule – 19. Limitation for payment. An order directing the payment of any claim made in a bill shall be valid for six months. • Rule – 36. Up-to-date entries in the Cash Book – The cashier shall make entries with reference to supporting documents and to be checked by Accountant / Auditors. • The B.D.O shall attest each entry .The Chairman may also verify the cash balance whenever he desires.

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