inside this book - SIRD, Odisha

1

Rule, Role & Responsibility

State Institutefor Rural Development

Sl. Subject PageNo.

1. Evolution of Panchyati Raj System 3

2. Panchayati Raj System in Orissa 5

3. 73rd Constitutional AmendmentAct 7

4. Structure and Form of Three-tier Panchayati Raj System. 10

5. Power & Functions of Grama Panchayat 15

6. Role and ResponsibilitiyRepresentatives and Functionnaries of 25

GramaPanchayat

7. Palli Sabha 33

8. Grama Sabha 36

9. Grama Panchayat Standing Committees 43

10 Grama PanchyatMeeting. 47

11. Role of Women in Panchayati Raj System 53

12. Role of Grama Panchayat and Sarapanch in Project Implementation 56

13. Panchayat Samiti 60

14. Role and Responsibility of Elected Representatives and Officials of 63

Panchayat Samiti

15. Meeting of Panchayat Samiti 69

16. Standing Committes of Panchayat Samiti 75

17. Zillla Parishad 79

18. StandingCommittes of Zilla Parishad 83

INSIDE THIS BOOK

2


State Institute for RuralDevelopment

N.B : This resource book has been developed to serve the purpose ofTraining & Capacity building of PRIs. Some of the Govt. Circularhave been retranslated from the available Oriya circulars.

19. Power and Functions of Elected Representative and Officials of

Zilla Parishad 86

20. Power & Functions of District Level Government officer. 88

21. District Rural Development Agency 90

22. Summery of District Planning Committee Act :1998 93

23. Role of Officials and Representives in Developmental Works 94

24. Government Schemes for Rural Development 97

25. Role of Three tier Panchayat Institutions in Developmental Schemes. 99

26. Devolution of Power to Panchayati Raj Institutions . 104

27. Panchayati Raj System in Scheduled Area. 108

28. Information related to meetings of threetier Panchayat System 110

29. Developing Leadership 112

30 Some Methods for Conflict Management 115

Appendix-1 List of Orissa Grama Panchayat Act- 1964 118

Appendix- 2 Important Government Circulars on Panchayati Raj 122

3



Evolution of Panchayati Raj System

1947

HAN DOU T - 1

1948 -49

1950

1952

1957

1959

1961

1968

1978

1984

Zilla Parishad was abolished in Odisa.

Ashok Meheta CommitteeReport on workingof PanchayatiRajSystem was submitted on 21stAugust.

Constitutedby thePlanningCommissionof India, theHanumantaRao Committee submitted a detailed report on District levelplanning . Thiscommittee wasformedin the September of 1982.

India got independence on 15thAugust.Gandhjihad dreamt of'Grama Swaraj'(village people discuss, take decisions andimplement decisions) during the time of freedom struggle.The role of Panchayati Raj Institutions were discussed andanalysed in the Constituent Assembly. Due to the efforts offamous Gandhian Sri K. Santanam and other learned leaders,the Panchayati Raj System was adopted in the Constitution.During this period Orissa Gram Panchayat Act 1948 wasenacted.

Indian Constitution was effective from 26th January .

ComprehensivePlanning wasstarted from2ndOctober to beginCommunityDevelopmentProgrammesfrom the bottom.

Balabantray Meheta Committee Report was accepted as aprinciple that Panchyati Raj System to be a part of Demo-cratic System.

On 2nd October the then Prime minister of India , Pandi tJawahar lal Neheru inaugurated the Panchayat i Raj Systemin Nagaur of Rajstan. All states enacted Act for PanchayatiRaj System.

Panchayat Samiti and Zilla Parishad Act 1959 was enactedand executed 26th January 1961 in Orissa . On the occasion ofexecution of three tier Panchayati Raj System, the then ChiefMinisterof OrissaSri Biju Pattnaiksaid ''Panchayati Raj Systemis a noble effort'. This would help to eliminate poverty,

illiteracy and diseases from the State.

4



1985

1986

1988

1989

1991

1992

1993

1993 -94

1996

1997

2002

2004

2007

Constituted by the Planning Commission of India, the G.V.K RaoCommitteeon adminstrative role on Rural Devlopmentwork from25th March and submitted its report in December.

L.M. Singhvi Committee submitted a report on Constitutionalaspect of Panchayatson 27th November.

To submit a report on Constitution Amendment the ParliamentSub- Committeewas constituted under the Presidentship of P.K.Thungan

The 64th ConstitutionAmendmentBill was placed in Parliamentin 15th May,but it was passed in Rajya Sabha in15th October.

The 72nd and 73rd Constitution Amendment Bill was placed inParliament.

Both the Bills got approval in Loksabha on 22nd December andin Rajya Sabha on 23rd December.

The 73rd Constitution Amendment Act executed from 24th Apriland the 74th Constitution Amendment from 1st June.

Between 30th May1993 and 23rd April 1994,all the StateGovernments took steps to implement the said Acts in theirrespective states.

ThePanchayatExtensionAct wasenforced in forScheduled Areaon 24th December

As per73rdConstitution Amendment thePanchayatElection washeld in Orissa.

After completion of 5 yearssuccessful working of Panchyati RajSystem, the 2nd Panchayat Election was held in 2002 in Orissa.

A Separate Panchayati Raj Ministry was created in the Centre.throughtheAmendment of Orissa Panchayati RajAct, the powerof Collector to suspend the Sarapancha was withdrawn andPanchayatExecutive Officerwas appointed in everyPanchayat.

As per73rdmendmentAct, the thirdPanchayat Electionwasheldin Orissa

5



PANCH AYATIRAJ SYSTEM

IN ORISSA

efore indepence of the country, the villagepeople werein charge of solving the problems of their villages. Buildonmanyyears traditions, theGrampanchayatsystemhad

deepinfluenceson socioeconomic structureof the villageeventhough it was not back by any law. After the Independence,Orissa Grama Panchayat Act was enacted in 1948 and thisbecame effective from 26.11.1950. As per this Act theprovinc ial governments got power to const itute GramaPanchayat at village level. in 1959, Orissa Zilla parishad Actwas enacted in which Zilla parishad was constitutedat districtlevel. In 1961,the threetier panchayatiRaj system wasstartedin Orissa. So, Orissa Panchayat Samiti Act 1959 and OrissaZilla Parisad Act 1961 were amended and the OrissaPanchayat Sami ti and Zi lla Parisad Act 1961 wasimplemented. Orissa Grama Panchayat Act 1964 wasimplemented after the amendment of the old Orissa GramaPanchayatAct .

In1961,the three tierPanchyat System wasimplementedin full form.Out of three levels,the Panchayat Samiti which isin middle considerd as main working level. Zilla Parisad, thehighest level was acting as co-ordinating and supervisingunit. At village level, the Grama Panchayat was enjoying thepower of collecting tax and non tax revenue along withdischarging their duties.

In 1967, there was reconstitutionof t he existingsystem.Considering the Zilla Parisad not useful, it was abolished inthestatein 1968.Gradually after squizeeing theworkingscopeof PanchayatSamiti, the variousdepartments startedworkingindependently. The work of the primary teacher appointmentand school inspection was taken up by the EducationDepartment. Agriculture was separated from the PanchayatSamiti and remained under theAgricultureDepartment.

From 1961 -62 to 1995-96, the Government had power

HAN DOU T - 2B

6



Gradually, afterresticting the

workingscope ofPanchayatSamiti,

the variousdepartments

started workingindependently.

The work of theprimaryteacher

appointment andSchool inspectionwas taken by the

EducationDepartment.

to dissolve the Grama Panchayat Samiti. The Election of theseinstitutions were not held for a long time and managed by theGovernment officials.Again, therewas public opinion in thecountryto developPanchayat Institutions as autonomous institutions andto conduct their election regularly, to give opportunity to everycategory of people including women to be their representativemembers and to improve their financial status. At National levelthe73rdConstitutionalAmendment wasadopted in theparliament.It main features are described in Handout 3 of this book.

In 1996, another act was enacted in parliament. In it, thereareextensiveprovisions forextendingPanchayatto theScheduledarea, which is known as PanchayatExtension to ScheduledAreaAct (PESA) 1996.

By virtue of this Act, the Orissa Grampanchyat Act 1964,Orissa Panchayat Samiti Act 1959 and Orissa Zilla Parishad Act1991 were amended in 1997. Since 1961, there have been theexpansionof Panchayati Raj institutionsasper the followingtable..

Sl. Year No.of No of No. ofNo. Grama- Panchyat- Zilla-

panchayats Samiti Parishad

1 1961 2350 214 13

2 1963 2350 307 13

3 1966-67 3826 307 13

4 1983-84 4391 314 13

5 1991-92 8263 314 13

6 2000-2002 6234 314 30

7



73RD

CONSTITUTION

AMENDMENT

he 73rd Constitution Amendment Act 1993 which wasapproved by the president of India on 20 th April 1993 ,and excuted on 24th April 1993. The key features of the

said amendment are detailed below

A Grama Sabha may exercise such powers and performsuch funct ions at the village levei as the Legislature of aState may, by law, provide.

The Legis lature of a State may, by law, provide for therepresentation of the Chairpersons of the Panchayats at thevillage level, in the Panchayats at the intermediate level or, inthe case of a state not having Panchayats at the intermediatelevel, in the Panchayats at the district level;

Seats shall be reserved for the Scheduled Castes; and theScheduled Tribes,. in every Panchayat and the number ofseats so reserved shall bear, as nearly as may be, the sameproportion to the total number of seats to be filled by directelection in that Panchayatas the populationof the ScheduledCastes in that Panchayat area or of the Scheduled Tribes inthat Panchayat are a bears to the total population of that areaand such seats may be allot ted by rotation to differentconstituencies in a Panchayat.

Not less than one-third of the total number of seats reservedunder clause (1) shall be reserved for women belonging to theScheduledcastes or, as thecasemaybe, theScheduledTribes.

Not less than one-third (including the number of seatsreserved for women belonging to the Scheduled Castes andthe Scheduled Tribes ) of the total number of seats to be filledby direct election in every Panchayat shall be reserved forwomen and such seats may be allotted by rotation to differentconstituencies in a Panchayat.

The offices of the Chair persons in the Panchayats at thevillage or any other level shall be reserved for the ScheduledCastes, the Scheduled Tribes and women in such manneras the Legislature of a State may, by law, provide:

Every Panchayat, unless sooner dissolved under any law forthe time being in force, shall continue for five years from thedate appointed for its first meeting and no longer.

An election to consti tute a Panchayat shall be completedbefore the expiry of its duration specified in clause

HAN DOU T - 3 T

8



Before the expiration of a periodof six months from the date of its dissolution:A Panchayatconstituted upon the dissolution of a Panchayat before the expiration of its duration shallcontinue only for the remainder of the period for which the dissolved Panchayat wouldhave continued.

A personshall be disqualified for being chosenas, and for being, a memberof a Panchayat if he is so disqualified by or under any law for the time being in force for the purposes

of elections to the Legislature of the State concerned : Provided that no person shall be disqualified on the ground that he is less than twenty-

five years of age, if he has attained the age of twenty-one years;

The Legislature of a State may, by law:

authorise a Panchayat to levy,collect and appropriate such taxes, duties, tolls andfees in accordance with such procedure and subject to such limits;

assign to a Panchayat such taxes, duties, tolls and fees levied and collected by theState Government for such purposes and subject to such conditions and limits;

provide for making such grants-in-aid to the Panchayats from the Consol idatedFund of the State; and

Provide for constitutionof such funds for creditingall moneys received, respectively,by or on behalf of the Panchayats and also for the withdrawal of such moneystherefrom as may be specified in the law.

The Governor of a State shall, as soon as may be within one year from thecommencement of the Consti tution const itute a Finance Commission to reviewthe financial position of the Panchayatsand the principles which should govern thedistributionbetween the Stateand the Panchayats of the net proceeds of the taxes,duties, tolls and fees leviable by the State, which may be divided between them.

Subject to the provisions of the Constitution, the Legislature of a State may, by law,endow the Panchayatswith such powers and authorityas may be necessary to enablethem to functionas institutions of self-government and such lawmay containprovisionsfor the devolution of powers and responsibilities upon Panchayats at the appropriatelevel, subject to such conditions as may be specified therein, with respect to :

a) The preparation of plans for economic development and social justice;

b) The implementation of. Schemes for economic development and social justice as maybeentrustedto them includingthosein relationto thematters listedin theEleventhSchedule.

9



29 subjects earmarked for Panchayti RajInstitutions in the11th schedule of the

Constitution.

1. Agriculture, including agricultureextension

2. Land im provem ent,implementation of landreforms,Land consolidation and soilconservation

3. Minor irrigation, water Supplyand Water catchm ent areadevelopment

4. Animal Husbandry, Dairy andpoultry

5. Fisheries

6. Social Forest ry and FarmForestry

7. MinorForest Produce

8. SmallScale IndustriesincludingFood Processing I ndustries

9. Khadi , village and CottageIndustries

10. Rural Housing

11. Drinking water

12. FuelandFodder

13. Road, Culvert , Bridges, Ferries,Water Ways, and other meansof Communication

14. Rural Electrification includingDistributionof Electricity

15. Non- Conventional energysources

16. Povert y Al leviat ionProgrammes

17. Education including Primaryand Secondary Schools

18. Technica l Tra in ing andVocationalEducation

19. AdultandNon-formal Education

20. Literacy

21. CulturalActivities

22. Markets andFairs.

23. Healthand Sanitation includingHospitals, Pr imary Heal thCentersand Dispensaries.

24. FamilyWelfare

25. Wom en and ChildDevelopment

26. Social Wel fa re includ ingWelfareof theHandicappedandMentallyRetarded

27. Welfare of theWeakerSectionand in particularof the SC / ST

28. PublicDistributionSystem.

29. Maintenance of CommunityAssets.

10



GRAMA PANCHAYAT

REPRESENTATIVES OF

OF GRAMA PANCHAYAT

1. Sarpanchof the Gram Panchayat

2. Naib-Sarpanch of the Gram Panchayat

3. Allwardmembersof theGramPanchayat

4. Concerned ward members

(No. VotingPower)

STRUCTUREAND FORM OF

THREE-TIERPANCHAYATIRAJ SYSTEM.

HAN DOU T - 4After 73rd ammendment, the 3-tier Panchayati Raj

Institution is constituted.

1. GramaPanchayat

2. Panchayat Samiti

3. Zilla Parishad

As per thisAmmendment, all the states are bound to

conduct Panchayat Elections in time.

FUNCTIONARIES OF

GRAMA PANCHAYAT

1. Executive Officer

2. Secretary

3. Village Rojgar Worker

4. Peon/Night Watcher

11



CONSTITUTIONS OF GRAMPANCHYAT

As per section3 of the OrissaGram PanchayatAct 1964,A Gram Panchat shall be consti-tutedof one village or groupof contiguous villages. Congregation of the votersof the GramPanchayat is called Gram Sasan. Now there are three are 314 Panchayat Samities and6234 Gram Panchayat in 30 districts of odissa.

A Gram Panchayat shall be constituted with the population of not less than2000 and more than 10,000.In scheduled area the Gram Panchayat consti-tutes with the population of not less than 2000 and more than 5000.

A Gram Panchayat shall be divided in to wards which is not less than 11andmore than 25 wards.

All the ward members shall be elected by the direct election.

The Sarpanch also be elected by direct election.

The Nai b Sarpan ch sha ll be electe d by the ward membe rs of theGramPanchayat

The Gram Panchayat is constituted with the ward member, Naib sarpanchandsarpanch. Other than them one Gram PanchayatSecretary and one executiveofficer (VLW)work in the Gram Panchayat.

The sarapanch has the full the responsibility for better administration of theGramPanchyat.

Government canconstitute a newGramPanchayat or redeliminatetheoldGramPanchayat, if desire.

The voter list of the assembly constituency will be the voter list of GramaPanchayat and wards.

The term of the Gram Panchayat is 5 years from the date of its first meeting.

12



REPRESENTATIVE S OFPANC HAYAT SAMI TI

1. Chair person2. Vice chair person3. Members of the Panchayat

Samiti

GOVERNMENT OFFICIAL1. Block Development Officer/Executive

Officer2. All Extension offi cers of Panchayt

Samiti3. The officers of other departments un-

der the jurisdictionof Panchayat Samiti

CONSTITUTION OF PANCHAYAT SAMITI

There are 314 Panchayat samiti constituted in 30 districtsof Orissa.As per section 15of the OrissaPanchayatSamiti Act 1959 the followingreprsntativesare the mem-bers of the Panchayat Samiti

The Chair person and Vice- chair person elected by the members of thePanchayat Samiti

The members of the Panchayat Samiti ,elected by the direct ectection

All the Sarpanches from the jurisdiction of Panchayat Samiti.

The member of Legislative Assembly of the respective Panchayat Samiti

The member of parliament of respective Panchayat Samiti

PANCHAYAT SAMITI

13



REPRESENTATIVES OFZILLA PARISHAD

1. President of Zilla parishad

2. Vice President of Zilla Parishad

3. Members of the Zilla Parishad

GOVERNMENT OFFICIALS

1. Collector (Chief executiveofficer)

2. Project Director (ExecutiveOfficer)

3. Other district level officers.

N.B. Chair person of the Panchayat Samiti, Member of Legislative Assembly (M.L.A)and Member of Parliament (M.P.) of the respective districts are also the membersof Zilla Parishad

CONSTITUTION OF ZILLA PARISHAD

30 Zilla Parishad have been constituted in 30 districts of the State as per section 3(1) ofZilla Parisad Act 1991. A Zilla Parishad constituency is to be formed within 40,000 popu-lations as per the rule there are 854 Zilla parishad Constituencies are formed in the state.The members of Zilla Parishad are being elected by direct election. As per section 6(1) ofOrissa Zilla Parishad Act 1991 the following representatives are the members of the ZillaParishad and can attend Zilla Parishad meeting.

The President and Vice president of the Zilla Parishad who are being elected bythe members of the Zilla Parisahd

All the members of the Zilla Parishad who are being elected by direct election

All the MPs and MLAs representing from the respective district.

All the chair persons of the Panchayat Samiti from the respective district

ZILLA PARISHAD

14



STRUCTUREOF THREETIER PANCHAYATI RAJSYSTEM

President, Vicepresident, Member

of Zilla Parisad

Finance

Supervision

Approval

AdministrativeZILLA PARISAD

PANCHAYAT SAMITI

GRAMA PANCHAYAT

GRAMA SABHA

PALLI SABHA

Collector, ProjectDirector, Addl. ProjectDirector, asst. Project

Director, Dist. PanchayatOfficer

Chair person,Vice -Chairperson,

Member of thePanchayat Samiti

B.D.O, A.B.D.O,Grampanchayat

Extension Officer

Sarapanch, NaibSarpanch, Ward

member

PanchayatSecretary,Panchayat

Executive Officer

Sarpanch, NaibSarpanch, Ward

member, all citizens

Ward member,All Citizen

Panchayat Secretary,Panchayat Executive

Officer

PanchayatSecretary, Panchayat

Executive Officer

Finance

Administrative

Finance

Administrative

Supervision

Approval

15



POWER ANDFUNCTIONS

OFGRAMA

PANC HAYAT

HAN DOU T - 5 rama Panchayat can plan and implement schemes for theeconomic development and social justice related to thesubjectsgivenunder the eleventhscheduleof the Indian

Constitution. In general all the functionsof GramaPanchayathavebeen divided in to two parts. i.e. Obligatoryfunctions and Discre-tionary functions

Obligatory Functions of Grama Panchayat

Construction, repair maintenance, alteration and improve-ments of public streets;

Lighting,watering and cleansingof public streetsand otherpublic places;

Removal of unauthorized obstructions, projections andencroachment in or upon public streets and other publicplaces:

Construction, maintenance and cleansing of drains anddrainageworks andallpublic latrine,urinals andsimilar con-veniences and the disposal of drain water and sullage;

Regulation of sources water-supply for drinking purposesand storage of water supplied for drinking purposes;

Measures for preventing and checking the spread of epi-demic or infectious and other dangerous diseases;

The protection,maintenanceand developmentof all prop-ertiesvested inorentrusted to themanagementof theGramaPanchayat;

Scavenging,removal and disposal of fifth,rubbish and otherobnoxiouspolluted matters;

Maintenance of records relating to cattle census, popula-tion census and other statistics and may be prescribed;

Establishment, management and maintenanceof commongrazing grounds and landsfor commonbenefit of thepeopleof the Grama;

Registration of animal sold;

G

16



Destruction of stray and owner less dogs;

Rendering all reasonable assistance to the Samiti in matter of establishment andmaintenance or schools for primary education;

Small scale industries including f ood processing industries;

Ruralhousing;

Poverty alleviationprogramme;

Women and child welfareand socialwelfare includingwelfare of the handicapped andmentally retarded;

Public distribution system;

Fulfillment of any other obligation imposed by or under thisAct or any other law for thetime being in force;

DISCRETIONARY FUNCTIONS OF GRAMA PANCHAYAT

Planting and care of trees on the sides of public streets or in other public placesvested in it;

Maintenance of village forest, declared as such by notification by the State Govern-ment for the purpose of thisAct.

improved breeding and medicaltreatment of cattleand preventionof cattlediseases;

Construction, maintenanceand regulation of slaughterhouses;

Development of co-operation,promotion of co-operativestores for improvedseedsand implements,arranging for co-operative managementof landand otherresourcesof the village and establishment of Goshalas and diary farms or co-operative lines,

Maternityand child welfare and establishmentof centres for the purpose;

Establishment andmaintenanceof librariesand1 reading roomandprovidingfor musicand other entertainments in public places;

Organization, management and promotion of cottage industries and the establish-ment and maintenanceof tradingand other remunerative schemes;

Establishment and maintenance of Akharas and clubs and places for sports, gamesand other recreations;

Establishment and maintenance of ferries, fair-weather roads, cattle pounds and

imposition of fees there for;

17



Public vaccinationand inoculation;

Controlover the disposalof adulteratedfood stuffs and unwholesomefood and makingof report to the appropriate authority under any law for the time being in force.

Organization .of fire services and protection of life and property in case of fire;

Statistics of unemployment;

Adult education; establishment of primary schools either jointly with any other GramaPanchayat or otherwise with the prior approval of the Panchayat Samitis concerned;

Constructionand maintenance of Dharmasalas and rest houses

Prevention of gambling .and implementation of the programme for prohibition;

Any measure not here in before specificallymentioned which is likely to promote publicsafety, health, convenienceor general welfare.

The functions of grama panchayat as per the Orissa Gram Panchayat Act1997 as amendedin line of "Panchayat ScheduledArea ExtensionAct -1996".

Enforcement of prohibitionof the sale and consumptionof any intoxicant. The ownership of minor forest produce Prevention of alienation of land and restoration of any unlawfulalienated land of a

scheduled tribes. Controlover money lending TheGramSabhawill havethepowers to prepare plansand programmes in respect

of schemes for economic development, social justice in the Grama Panchayatand authenticate utilization certificate for the fund utilized. Identification ofbeneficiaries for implementation of poverty alleviation programmes.

18



MAINTENANCE OF PUBLIC PROPERTY BY THE GRAMA PANCHAYAT

In everyyearduringthe month of September/October the list of publicpropertyy along with the income derived shall be placed in the Grama Panchayatmeeting by the Sarapanh. A copy of the proceedings shall be submitted toBDO and Sub Collector.

Before the end of October of each year,the Sarpanch shall forward to the SubCollector throughthe BlockDevelopment Officer, a listof immovable propertieswhether directly managed by the Grama Panchayat or leased out, specifyingthe location of each such property, with income derived from each of suchProperty during the last three years in Form No. 18. In case the Sarpanch failsto forward the list of immovable properties within the time-limit specified, theSub Collector shall call for necessary information from the Grama Panchayatconcerned. After excluding the properties which shall be decided by the SubCollector to be managed by Grama Pranchayat directly, other properties shallbe leased out by public auction.

The Sub-Collector shall fix the period of lease and the minimum bid money,i. e. the upset price in respect of the propertywhich is decided to be leased outtakingintoconsideration the incomefrom suchpropertyfor the last threeyears.

The Sub-Collector shall send a list of properties that are to be leased out bypublicauction indicating the periodof leaseand upset price, to the respective BlockDevelopmentOfficerwhoshall thereuponfixthe dates for auction of all or any of suchproperties and issue notices for auctionsale. He may authorize any other officer toconduct auction sale of properties whoseupsetprice is rupees 5000/-. The notice forauction shall be issued before fifteen cleardays of the date fixed for auction and shallbe published in the notice board of thePanchayat,PanchayatSamiti SubdivisionalOffice and at such other place or places as

19



the Block Development Officer orhis JuniorOfficer, as the casemaybe deem necessary.

Theauction shallbe conductedbyBlock Development Officer or hisjunior officer, as the case may beat the Headquarter of the GramPanchayat or at the place wherethe property is situated and the bidshall be confirmed by the BlockDevelopmentOfficer, incaseof theauction sale conducted by his Junior Officer or by the Sub-Collector, in case of auctionsale conducted by Block Development Officer.

No person shall be allowed to bid unless and until he deposits the securitymoney andproduces a certificate from the concerned Grama Panchayat to the effect that he hascleared all dues accruing to the Grama Panchayat in respect of any previous leasetaken by him. The security deposit shall be 10 per cent of the upset price fixed by theSub-Collector.The security money shall be paid to the Officer conducting the auctionsale who shall record the details in sale records.

The bid shallbe knockeddown in favourof the highestbidder.The security moneyof allthe biddersexcept the highestbiddershall be refundedto them on proper receiptat theend of the auction.

At the end of the bid, the officerconducting the auctionshall send the records alongwitha report to the Block Development officer or Sub-Collector, as the case may be, forconfirmation of the bid. The Sub-Collector or Block Development Officer, as the casemaybe, shallintimatehisorderof confirmationwithin thirty daysfrom thedateof auction.In case the Sub-Collector or Block DevelopmentOfficer fails to communicatehis orderof confirmation within thirty days from the date of auction, the bid shall be deemed tohave been confirmed:

Provided that the Sub-Collectoror the Block Development Officer,as the case maybemay if the bid is inadequate or he receives a report that no bidders were forthcoming,direct that the property be either re auctioned or managed directly by the GramaPanchayat for a period to be specified by him.

If for any reason ( Which must be recorded in writing ) the auction does not take placeon the fixed date or the minimum bid in respect of any property is not reached in theauction, a fresh auction shall oh held on a subsequent date to be fixed by the officer

20



conducting the auction. The notice for such auction shall be published in the noticeboardof thePanchayat, PanchayatSamiti,Sub-Collectorandsuchother placeor placesas the officer conductingthe auctionmay deem necessary before fifteen cleardays ofthe date fixed for the auction.

After receiptof the order of confirmation of the bid from the Sub-Collector or ccnfirmingthe auction sale conducted by the Junior Officer, the Block Development Officer shalldirectthe successfulbidderto depositthe. first installmentof the bidmoneyand executethe agreement in the appropriateform prescribedwiththe concerned GramaPanchayatwithin fifteen days from the date of receipt of the notice and shall forward a copy of theconfirmation order to the Sarpanch

The bid money shall be payable in advance in two installments. The first installmentshall be 75% of the total bid monery should be paid before executionof the agreementand the next installments shall be paid in accordance with the agreement. If anyinstallment is not paid by the due date the Secretary of the Grama Panchayat shallforthwith bring it to the notice of the Grama Panchayat who shall terminate the leaseand move the Block DevelopmentOff icer for re auc tion. The BlockDevelopment Officer thereupon shallhold the re auction within thirty days inthemannerprescribedfor auctionunderthis rule.

Any disputearisingbetween the lessorand the lessee in respec t of theinterpretation conductor performanceof any terms and conditions of theagreement for lease of any propertyorwith regard to any claim shall bereferred to the Collector of the districtwhose decision in the matter shall befinal and binding on the parties.

The agreement shallbe registeredandthe cost of regist ra ti on of suchagreementshall be paid by the auctionpurchaser

21



There is detailed descriptionon roleof differentdepartments and reliefworksduringnaturaldisaster in 1980edition of OrissaRelief Code.But it remainssilent on the role of Panchayat. In itsChapter-8, it is mentionedthatPanchayat is to onlygive a report on identificationof beneficiariestoBlock Development Officer and Collector for Gratuity Relief and Compensatory Relief given onFood Distribution Programme Card. Besides this, there is nothing mentioned about the role ofPanchayat. The reason is that Orissa Relief Code in another form of Bihar and Orissa ReliefCode.

But the importance of Panchayat System has been increased during last decade of 20thCentury. Since then, there have been electionsat three levels of PanchayatSystem as per 73rdConstitutional Amendment and the elected representatives of Gram Panchayat, PanchayatSamiti and Zilla Parishad being the vital parts of these institution s are playing importan roles invarious DevelopmentProgrammes of the Government.

In this context, the Panchayati Raj System has assumed significant assignments ofencounteringnaturaldisasterof 1999SuperCycloneandimplementing thelongtermdevelopmentplans.Givinginformation on disasterrelated matters,compensation to disasteraffectedfamilies,providingemploymentto ruralpoor throughpoverty alleviationprogrammesandmanyotherworksare being done through the three-tier Panchayatiraj Institutions. Gram Panchayat is the mostappropriate institution wherethe poor villager get information as wellas assistance before,at thetime and after the disaster.Palli Sabhais the bestmediumfrom the pointof viewof keeping directcontact withpeople.Grama Panchayats are equipped with to know wellbefore the disaster thatwhich village andwhichfamilies are to be most affected. So, Grampanchayatcan do appropriatepreparation to fight against the disaster. Keeping the gravity of devastation due to disaster inmind, one can take the helpof the respective Villagers,YouthClubs,Women Associations,Self-helpGroupsetc.

Grama Panchayatmust have to keepattentionto another importantaspect that if theResourceMapand Resource Planning are with it, then the fastdecisionscouldbetakentosave peoplefromdisaster.At the time of preparing and knowing the ResourceMap,onehasto remembertheOdiaalphabet'Ja'whichisthefirst letterJana(man),Jantu(Animal), Jala (water,Jami(Land) andJangala(Forest), themost importantwealth,of thesociety.Throughthis,wecanprepareaSocialPlanning forthe Grampanchayat.

Roleof Panchayatin NaturalDisaster

22



At the normal time

At thetimeofdisasterand itsafterward,differentdepartments, groupsandindividualsprovideservices to the affectedpeople. But, Grama Panchayat is the mos t appropriateagencyof makingthis work organised, institutionalised and effective. The roles and responsibilities of GramaPanchayatsare givenbelow.

Preparing Disaster Mitigation and Management Planningat Grama Panchayat level.

Preparing the volunteersand ward members formanagement of Natural disaster.

Inspecting the training programme to Task Forcemembers at village level

Creatingawarenessregardingvariousnatural disasters likeflood, cyclone,sunstroke, fire etc.

Keeping the Disaster Management plan ready.

ROLE AND PREPAREDNESS ON GIVING PRIOR INFORMATION Informpeoplethroughannouncement inevery village andhamlet to leavethesafeplace. Inform all wardmembers and Sarpanchindividually. Makes arrangements,so that the informationmust reach to the women, children,

diseased, and helpless people. For this the help of loud speaker may be taken. Keeps requisite stock of dry foods, drinking water,medicine, ORS, halogen tablets,

bleaching powder etc & various commodities to fight against the disaster. Invite the member of Grama Panchayat Disaster Management Committee and re-

mind them to decide their roles and responsibilities in different groups. Keep polythene,polythenebag, countrysideboat, generator, diesel, petrol, kerosene

etc necessary goods ready. Keep the information on communicationand transportationsystemto everymembers

of Disaster Management Committee. Keep the manpowersuch as countrysideboat driver, special trained task force ready. Keep the telephone nos. and address of local officers. Keep attention to the stock of necessary goods as well as equitable distribution of

these at the safe refugee camp. Keeps vigilanceon workingof Disaster MitigationTeam, volunteersor organisations

as per the plans prepared at Gram panchayat.

23



At the time of Disaster Rescue and shifting

Relief distribution and Management with help of Rescue and Relief Committee.

Keeping coordination among the different task forces.

Establishingcoordination with Local NGOs and Community Organisations.

Vaccination and sanitary arrangement.

Collecting informationof those ,are in troubleand providing medicalservicesto themafter their rescue.

Data collection of deceased persons and bury of the dead animals

Cremation of dead bodies after collecting their information

After the Disaster Informationcollectionon visitingto the villages. Transformation of the information to theExtension

Committee Keeping communicat ion with Governme nt

Control Rooms Immediate cleaning of roads and ghats Distribution and supervision of relief Keep coordination among different Task Force

at village level Estimation of loss and damages Keep coordination between Government and Private Organisations in resettlement

and rehabilitationworks Provides instant health services to check epidemics and remain vigilant on sanitary

conditions Make instant veterinaryand fodder arrangements Supplies protein foods to the affected people Compensationatory help to children,pregnant women, old men and women. Strengthen the food supplysystem Arrange the drinking water Immediate enquiry and action on getting information on starvationdeath

24



Sarpanch must investigate the fact afte r collectinginformation of starved persons and families through the localrespresentatives(ward members)

As per the State Revenue Department's letter No. 18928dated25.4.2008, if anypersonremains starved or takesinjuriousunprotined food,then Sarpanchcouldarrangefoodfor 10daysforhis/her living. He / She must have to furnish information to therespective Block Development Officer regarding the amount ofmoneyspent fromPanchayatFundfor the numberof peopleandthe number of days. The Block Development Officer transmit thereportsof the Sarpanch to Collector. On the basis of that report,the Collector from the Contingency Fund supply the requisiteamount after obtain ing approval of the Spec ial Rel iefCommissioner.

Local Block Development Officer may recommend to SubCollector formoreassistanceafter investigating theconditionsofthese people or familiesandifnecessary thegratuity reliefmaybeextended upto 30 dayswhichmay be extended upto 45 daysbySub Collectoranduptotwomonthsby theCollector.Theexpenditureismetbythecollector fromthe ContingencyFund which is repaidafter the sanction from the Special Relief Commissioner. OrissaRelief Code Section - 170 authorises Grama Panchayat toidenti fy the benef iciaries of Gratuity Relief . Besides that,Panchayat Act 1994 Section - 45 (4) states that the StateGovernmentmayhandoverthe duties relatingto reliefworkduringfamineand other naturaldisasters to theGrama Panchayats.

Grama Panchayats can take appropriate steps to counter the situation of starvationdeath actively during the period of disaster. Changing the preva iling system, theGovernment has assigned this new responsibility to the local Grampanchayat, becausethe Sarpanch are direct ly involved with all the local situat ions. If any person or familyreally faces the threat of starvation, the Grampanchayat gets thatinformation immediately.So, following responsibilities have been fixed on the Sarpanch.

Role of Grama Panchayat to check starvation death

Sarpanch upto10 days

BDO upto30 days

Sub Collectorupto 45 days

Collector upto60 days

25



POWER AND RESPONSIBILITIES OF SARAPANCH

Role and Responsibilitiy of GramaPanchay at

Representatives and Functionaries

HAN DOU T - 6

As per section 19 of the Orissa Grama Panchayats Act the following are the powerand responsibilities of Sarpanch. All the executivepowers of the Grama Panchayat are vested with his/her. She/he convenes the meetings of the Grama Panchayat regularly on a specific

dateof everymonth. She/healso canconvene GramaPanchayatMeeting at othertime if desires.

She/he presidesover the Grama Panchayatmeetingand conducts the business. She/he is responsiblefor the proper maintenanceof the record and proceedings

of the meeting. She/he is responsiblefor all securities, properties,asset, recordsand documents

of the Grama Sasan. He has control over it. On behalf of the Grama Sasan, the Sarpanch execute documents relating to

contracts. She/he is responsible for proper working of the Grama Panchayat. 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 Grama Panchayat. She/he is the authority to enter into correspondence on be half of the Grama

Panchayat She/he will attend the meeting of Panchayat Samiti She/hewill givethe workorder for anydevelopmental workof the Grampanchayat. She /heapproves the leave of Panchayat Secretary and sends his Confidential

Character Report (CCR) to the Block Development Officer. She/he approvesthe leaveof executive officers in chargeof the Gram Panchayat Sarpanchhas toexercisesuchotherpower, discharge suchotherdutiesand perform

suchother functionsas maybeassignedtoby theGovernment from timeto time.

26



POWERAND FUNCTIONS OF THE NAIB-SARPANCH

As per section 21 of the Orissa Grama Panchayats Act the power and responsibili-ties of Naib Sarapanch are; The Naib-Sarpanch shall exercise such powers, discharge such duties and per-

form 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

the Sarpanch until a new Sarpanch is elected. When the office of the Sarapanch is vacant for more than fifteen days then Naib

Sarapanch assumes the office to carry out the functions of Grama Panchayat In the absenceof the Sarpanchthe Naib-Sarpanch presidesover the meetingsof

the GramaPanchayat.

POWER OF OFFICIATING SARPANCH

Electedrepresentativesof the GramPanchayat willnominate a panelof threemem-bers from among them in order of priority to dischargethe duties of SarapanchandNaib Sarpanch during their absence.

When the post of Sarapanch and Naib Sarapanch remain vacant or they remainabsent for more than 15 days then the officiating power will be given on prioritybasis to one of the selected three members of the panel.

Officiateing Sarapanch shallexercise the powersand functions until the Sarapanchor Naib Sarapanch assumes the office.

Providedthat inabsenceof anysuch panelin anyGrama Panchayat thesubcollectormay nominateone of themembersof theGramaPanchayat toofficiate asSarapanh.

27



POWER AND FUNCTIONS OFTHE WARD MEMBERS

Preside over the Palli Sabha ofthe respective wards

Canaccess to the records of theGrama Panchayat after givingdue not ice to the Sarpanchduringoffice hours,

Move resolutions and questionany off ice bearer about theadmin istra tion of the GramaPanchayat,

Inspect allworksundertaken bythe Grama Panchayat.

Ward member can inspect theassets of Grama Panchayat

twice in a year (30th June and30th December).

The members have the right toinspect all the institutions, con-trolled,managed and directed bythe Grama Panchayat and tobr ing to the no ti ce of theSarpanch abou t anyirregularities.

Whenthepost of Sarapanch andNaib Sarapanch remain vacantor they remain absent for morethan 15 days then the officiatingpower will be given to one of thewards members as per theprescribed rule.

28



ROLE AND RESPONSIBILITIES OF PANCHAYAT SECRETARY

He shall record proceedings of Palli Sabha and Standing Committees

He shall make correspondence to different quarters with the approval ofExecutive Officer

He will receive daks and put up the same in files for order of the ExecutiveOfficer.

He shall receive stock under different schemes. Public Distribution System andenter the stock in the stock register.

He will see Public Distribution System article s to consumers and maintainaccounts and records of Public Distribution System .

He will superviseworks under works excuted by the Grama Panchayat

He shallcollect tax imposed by the GramaPanchayatsand handoverthe amountso collected to the Executive Officer

He will do any other duties as may be assigned by the Grama Panchayats.

All the records, files and valuables, and assets of Grama Panchayat will be in hiscustody.

He will distribute the PDS articles to the consumers and maintain the related fileand records

He will send a copy of the proceeding of Grama Panchayat Meetings to theconcerned BlockDevelopment Officerand Sub Collectorwithin 7 daysof themeet-ings.

All files and records of Grama Panchayat will be secured by him.

29



N.B. There is provision in Orissa Grama Panchayat Act and Rule

for appoint ment of Grama Panchayat Secretary and about his

power and functions. But State Government has given appoint -

ment to the VLWs as Executi ve Officer and decided the duties

Regarding this Orissa High Court has ordered on dated 22-7-

2008 to completely restrict the powers and functions of Grama

Panchayat Secreta ry. Hence doubt exists regarding powers and

functions of Grama Panchayat Secretary.

ROLE AND RESPONSIBILITIES OF EXECUTIVE OFFICER

He will write the proceedings of Grama Panchayat in the absence of Secretary.

He will remain in custodyof all recordsand documentsand valuable belonging tomanagementor in controlof Grama Panchayat.

He will collect the tax levied by Grama Panchayat.

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 Grama Panchayat and sendfor the signature of Sarapanch

He will sign while withdrawingmoney from thesavingbooksof Grama Panchayat.

Exercisesuch other power, dischargesuch other duties and perform such otherfunctions as may be conferred or assigned to him by or under the Act.

Any other works as may be assigned by the government.

30



FormSubject RuleNo.2 Tender Notice 343 Detailed notice for calling tenders. 344 Contract deed for execution of works of Grama Panchayats 347 Form to issue license for establishing private market 7018 Report on public properties for fixation of up-set price 8722 Application for loan by the grama panchayat 10424 Statement of paymentand recoveryof loans 11625 Budget Form 119 & 12726 First & second revised budget 12034 Application form for loan 14835 Receipt for loan 14840 AnnualAccounts-Part I 15941 AnnualAccounts-Part II 15945 Show cause notice 18146 Order of the Audit officer 18247 Application form for appeal 18648 Notice of Demand 20149 Distress warrant 201

FORM

REGISTER1 T.A. acquaintance roll. 296 Advance Register 5819 Public Properties Register 9120 Register of properties leased out 9421 Register of properties transferred to the Grama Panchayat 9623 Loan Ledger of district 11628 Daily Collection register 136, 137, 199

LIST OF REGISTOR, FORMS ETC. OF GRAM PANCHA YAT OFFICE

31



29 Demand & collection register 138, 19930 Register of demands 13831 Register of cheques receipt 13932 Register of Grants-in-Aid 14033 Loan ledger of Grama Panchayat 14236 Acquaintance roll 15237 Cash-Book 15438 Abstract register 15439 Bank register 15542 Stock register of receipt forms 16143 Stock register of tools & plants 16344 Audit register 17950 Register of distress warrant 203

5 Miscellaneous receipt 43, 131, 137

27 Receipt for collection of tax 132, 137, 138, 199

RECEIPTBOOK

Following forms/registers are not being used,though there is provision under law.

8 Birth Registration 74, 75, 769 Birth-Death registration 74, 75, 7610 Marriage Registration 74, 75, 7611 Weekly report of cholera & small-pox 74, 7512 Reports on epidemic-smallpox 7513 Register for epidemic diseases 7614 Monthly birth return form 7715 Monthly death return form 7716 Monthly marriage return form 7717 Weekly report on cholera-smallpox 77

32



Power & Functions of the Sarpanch

Chief Executiveauthority of the

Grama Panchayat Convene,Conduct andregulate the G.P.Meeting

Executes all theagreements on

behalf of the G.P

Responsible forthe proper cus-

tody of all recordsand documents.

Responsible for

enhancement of in

come and his power to

attend P.S meeting.

Responsible forprogress ofEducation &

Health in G.P area.

Looking after allthe devlopmentworks

All thecorrespondence of the

G.P. Income &expenditure rep ort

prepara tion andsigning it

The sarapanch can

control and supervise

the work of the em-

ployees of the G.P.

Presiding over the

G.P meeting and

Grama sabha.

Can give work order

for all development

works of the G.P

The sarpanchshall keep one key

of the lock.

The sarpanch can allowfor payment of advance

of 50% of the cost of thematerials stocked at the

work site.

Signs on the withdrawform to draw money

from savingsaccounts of the G.P

Approve all the expen-ditures on the body of

the vouchers

33



PALLI SABHA

WHAT IS PALLI SABHA?he Sabha constituted with all the men and women votersof a Revenue village is called Palli Sabha. For Everyvillage within the Grama, there shall be constituted by the

State Govt . a Pall i Sabha, prov ided that where the areacomprised within a ward consis ts of more than one revenuevillage there shall be only one pallisabha for such ward. Eachpalli Sabha shall consist of all persons registered in the electoralroll for any Assembly Consti tuency for the time being in forceas relates to the area in respect of Palli Sabha and the saidportion of the roll shall be deemed to be electo ral roll of thePalli Sabha.

PROCEDURE OF PALLI SABHA MEETING All voters for the time being in force are the members of

the Palli Sabha. Grama Panchayat shall convene the meeting of Palli

Sabha Palli Sabha meet annually in February each year. The meeting of Palli Sabha shall be hold at much Public

place within the Palli Sabha area, as may be determinedby the Grampanchayat.

The Grama Panchayat shall arrange the date and time ofPalli Sabha

The Grama Panchayat shall arrange for conven ing themeeting of Palli Sabha which shall meet in February everyyear and the date and time for holding such meeting be itsix months in advance.

If the Grama Panchayat requires the Palli Sabha to holdan extraord inary meeting either of its own or on arequisition inwritingof not lessthan one-fifth of themembersof Palli Sabha, the date , time , Place and subject fordiscussion in such meeting shall be fixed by the GramaPanchayatat least fifteen days in advance.

The meeting shall be in a public place within the Palli Sabaarea to be decided by the Grama Panchayat and widepublication for the date, time placeat the meetingalong with

THAN DOU T - 7

34



FUNCTIONS OF PALLI SABHA

To prepare plan for developmental works and programme that may be takenup during the ensuingyear by the Grama pPanchayat

To recommend for the approval of annual budget estimate submitted by theGrama Panchayat

To select the beneficiaries of different Poverty alleviation Programmes.

To select the Village labour leader for implementation of the work orders

There is provision for conducting social audit in the Palli Sabha

subject for discussion shall be given by beat of drum within the Palli Sabha area. Ward Memberswillbe the president of PalliSabha. If more than one Ward Member, the

list of all such members in order of preference to be determined by the GP. In absenceof all in themeeting, thosepresent in the meeting mayelectone fromamongthemselvesto preside over the meeting.

Where the meeting is reqestionedby not less than one fifth of the members of the palliSabha, the requisition shall be addressedto the Sarapanch thirtydays advanceand itshall state the place date and time of the meeting . in case the Grama Panchayatfails to arrangethe meetingon the date mentioned in the requisition, the memberswhosignthe requisition maycallthe meeting on thedateandat the timeandplacementionedin the requisition

Thequorum of themeeting1/10of themembers of PalliSabha .If therebeingno quorum,themeetingshall adjourned toa future datefor which noticeshall begiven in theprecribedmanner i.e. 15 days.

As per the notification dated 5th december 2002 of Panchayatraj Department thequorum shall include one third of the members present who are women members.

All questions which may come before the meeting of the Palli Sabha Shall be decidedby a majority of votes. In case of equality of votes the President of the meeting shallhave a second or casting vote.

Votingby Proxy is prohibited. No members shall vote upon any motion or amendmentunless he be present in person at the time when it is put to vote.

The Proceedingof the Palli Sabha be recorded in a book to be kept for the purpose inOriya and shall be signed by the President of the meeting and such book shall beopen to the general public for inspection

35



Mâûcibû

Submission of copy ofthe proceedings toGramma Sabha for

approval.

Fix up date,place & time

Selection ofproper place

Conduct ofPallisabha in

scheduled date,time & place.

Serving of Notice

Preparating of Notice

Reading of the pro-ceedings in presence of

all members present

Acceptance ofproposals.

Recording ofproceeding asdecided by the

president

Discussion on selection of projectsand selection of beneficiaries

Procedure ofConductingPalli Sabha

President of Pallisabhato take seat andconduct meeting

Quorum of Palli sabha

36



GRAMASABHA

WHAT IS GRAMA SABHA?he legal meeting by all the members of Grama Sasan iscalled Grama Sabha. All voters residing within GramaPanchayatsare the members of the Grama Sabha. Grama

Sabha discharge its duties and perform the functions as per therule prescribed by the state Government from time to time.

Procedure of Grama Sabha Meeting The GramaSabha so far as may be reasonably practicable

shall be held by rotation from time to time in each of thevillages of the Grama Panchayat at a convenient place asthe Sarapanch may determine from time to time.

The annual and half-yearly meetings of the Grama Sabhashall beheldin themonthsofFebruaryand Junerespectively.

Grama sabha should meet at least once in each quarterpreferably on 26th January,1st May,15th August and 2ndOctober in our state.

The date and time of such meetings shall be fixed by theSarapanchof the Grama Panchayat.

The Sarapanch or the Collector or any other personempowered by Government in that behalf may call for aspecial meeting of the Grama Sabha wheneverhe thinks itnecessary.

The Secretary, after obtainingapprovalof the Sarpanch,orafter receiving requisition as above shall issue notice ofthe meeting as provided in the Rules.

At least fifteen clear days notice of a meeting of GramaSabha shall be given

Copyof thenoticemaybe forwarded to theconcerned BlockDevelopment Officer

The notice of the meetings of the Grama Sabha shall be

THAN DOU T - 8

37



published in the localarea by affixinga noticeat one or more prominentplaces and bybeat of drums.

Noticeshall set forth clearly and fully the businessto be transacted at the meeting,bythe Sarapanch may being forward any motion or proposition not specified in thenotice.

Thereshallbe at least twomeetings one in February and the other in Juneeveryyear ofthe members of the Grama Sabha and such other meetings as may be prescribed.

The quorumfor the meetingsof the GramaSabhashallbe one-tenthof the membersofthe Grama Sasan;

As per the noti fica tion dated 5th December 2002 of Panchyati Raj (Gramapanchayat ) department, government of Orissa, the quorum shall include one third ofthe members present who are women members.

If at a meeting of a Grama Sabha the quorum is not present, the Sarapanch or thepresident of the meetingshall adjournthe meetinguntil suchotherdayas he thinksfit, ofwhich not less than three days' notice shall be given .

The Sarpanch or in his absence, the Naib-Sarpanch shall preside at every of theGrama Sabha

In absence of both, the members shall choose some one from amongst themselves topreside.

Theagendaof themeetingshall bepreparedby theSarapanch of theGrama Panchayat

The agendashall includesuch subjectsas are assigned to the GramaSabhaunder theAct

Whenever the President of the meetingfinds it necessary to temporarily leavethe chairhe may call in any other member to preside.

At a special meeting only the business for which the meeting was called shall beconsidered.

Not withstandinganything contained in the notice can be transacted if the majority ofthe members present agree to do so.

All questionswhichmay come before the Grama Sabha shall be decidedby majorityof

38



DISCUSSION POINTS OF GRAMASABHA

A t the Grama Sabha held in February each year, theprogrammes andworks to beundertakenby theGramaPanchayat for the ensuringyearand the annualbudgetfor the Gramafor that yearhavingregard to the recom-mendations, if any,of the different Palli Sabhas withinthe Grama give its recommendations to the GramaPanchayat;

At theGrama sabhaheldduring themonth of Juneeachyear, the report of the programmes and works under-taken by the Grama Panchayat and their annual auditreport submitted by the Sarpanch;

At anyGramaSabha,proposalsfor levyof taxes, rates,rents and fees and the enhancement of rates thereof;organisation of community service, drawing up andimplementation of agricultural production plans andany other matter as may be prescribed .

votes. In caseof equalityof votes the presidentof the meetingshallhave a secondor casting vote

Votingby proxy is prohibited. No member shall vote upon any motion for amend-ment unless he be present in person at the time when it is put to vote.

The business in the meetingsshall be transactedand the minutes of proceedingsshall be recorded in Oriya.

The Secretaryof the Grama Panchayatshall record the proceedingsof the meet-ing and in his absence; the Sarapanchshall take such steps as may be necessaryfor for correct recording of the proceedings.

The minutes of the proceedings shall -be entered in a book to be kept purposeand shall be signed by the President of the meeting and such book shall be opento the inspection of the public.

The decision of Grama Sabha is final ,it can not be change at any level.

39



ROLE AND RESPONSIBILITIESOF GRAMASABHA

Grama Sabha appr oves all the deve lopment al pro jec tsimplemeted by Grama Panchayat.

Selects the beneficiaries of poverty alleviation programmes

Approves the budget of Grama Panchayat

Collect necessery information from Grama Panchayat for theawareness of the public.

40



Acceptance ofproceedings.

Selection ofbeneficiaries

Recording ofproceedings

Collection ofinformation

AdvisorControl andManagement

of Gramasabha

Supervision

Co-operation ofmembers

Publication ofdate, place andtime of Grama

Sabha in wholeG.P area

Participation ofMen & women

members

Conduct ofGrama Sabha asper permission

and instructionsissued by Govt.

Selectionof proper

place.

Discussion onAgriculture,

Education,Health,Roads, Etc.

Correctselection ofbeneficiaries

Selec-tion of

Projects

Correct recording ofproceedings and read out in

presence of members.

SuccessfulGramaSabha.

41



Fixation of Date ,Place and time

of Grama Sabha.

A copy of the noticeshall be sent to thePanchayat Samiti.

To observequorum

Seatingarrangement forpresident, Govt.

officialsemployees of theG.P. all membersof Grama Sabha

Conduct of GramaSabha in the scheduled

date, place & time

Notice shall be servedto all ward members,publish in all public

places in the G.P area,and through beating ofdrums for information

of general public

After approval of pro-ceedings, it shoud beread before the mem-

bers present.

Discussion on improve-ment of the G.P, pro-

posals of palli Sabha tobe approved , discus-sion on programme ofDev. works , selection

of benificiariesand acceptance of

proposals by majority

Recording ofproceedings of Grama

Sabha.

A Copy of theproceedings

shall be submit-ted to the B.D.O

Sarpanch will be thepresident of the

meeting

Procedure ofConducting

GramaSabha

Publication ofnotice & its proce-

dure to be followed.

42



We all are equal in ourPanchayat. Not think ofsenior - junior, rich-poor,touchable-untouchable,this-that political parties,

come together to pre-pare plan for village

development!

Invite to GramsabhaEngineers, Doctors,

Writers, Poets,Farmers, PhysicalyChallenged, PersonLiving with HIV/AIDS,

Women,Students,Youths who are the

members of it.

Not to makeGramaSabha forbeneficiaries but

for all rounddevelopmentofthePanchayat.

Discuss mattersrelating to

Agriculture,Education,health,

forest,Employment,

justice etc. in it.

Not to come toGrama Sabha after

taking liquor,mahuli or any

other intoxicant.

Not to makeconflicts which

may causedamage to selfas well as the

village.

Record the nameof beneficiariesserially and do

work accordingly

Select the mosthonest laboureras the labourer

leader

Not to giveany scope to

contractors forany work inthe village

43



Planning, Finance, Poverty Aviation Programs

Works, Irrigation, Electric ity, Drinking Water, &Village Sanitation

Public distribution, Welfare of the under section,Forestry, and Cattle feeding

Education , Sports and Cultural activities.

Agriculture, AnimalHusbandry, Soil Conservation,Water shade & Piscicutture.

Health, SocialWelfare,Women & ChildDevlopment

Handicraft , Village Industries, Khadi of Gramaudyoga, & Rural Housing.

GRAMAPANCHAYATSTANDING

COMMITTEE

HAN DOU T - 9Standing Committees in 3-tier

Panchayati Raj System

7 Standing Committees have been constituted as per theprovisions under O.G.P Act, P.S Act & Z.P Act. In all thethree levels, following seven aspects are considered in thestanding committies

44



The Grampanchayat secretary shallbe the ex officioSecretaryof all StandingCommittees.

The term of office of every Standing Committee shall be for a period of twoyears.One month before expiryof the term of a Standing Committee,electionshall be held for constitution of a new StandingCommittee.

Gram Panchayat may co-opt. / to each of the Standing Committee not morethanthreepersons,havingexperienceand knowledgeof thesubjectsassignedto the respective StandingCommittee.

Representativesnot exceeding three in number from among the Lead Bank,Co-operative Banks / Commercial Banks, Regional Rural Banks, the LifeInsurance Corporationand GeneralInsuranceCorporationsfunctioningwithinthe local areas of the Samiti may be co-opted as members of the concernedStandingCommittees if their assistance is felt necessary

GramPanchayatmeetingshouldgivepriorapprovalfor suchcooptedmembers.

CONSTITUTION OF STANDING COMMITTEES AT GRAMA PANCHAYATEveryStandingCommitteeshallconsistof:-fivemembers in caseof a Samitihaving

twenty or more elected members; or three members in case of a Samiti having lessthan twentyelectedmembers.

The Chairmanand members of the Standing Committeesshall be electedby andfrom among the elected members of the Samiti: Provided that in case of Health, SocialWelfare including Women and Child Development Standing Committee; only womanmembers shall be elected

MEETING OF STANDING COMMITTEES Each StandingCommittee shallmeet in the Officeof the Gramapanchayaton suchdate

and such time as the Chairman of the StandingCommittee may decide.

The Chairman of the Standing Committee may at any time call a special meeting of theStanding Committee within a week of the receipt of a requisition by a majority of themembers of the StandingCommittee.

The agenda and the time of the meeting shall be approved by the Chairman of theCommittee.

No business shall be transacted at any meeting of a Standing Committee unless amajority of its members are present.

45



THE TERM OF GRAMAPANCHAYAT STANDING COMMITTEEThe term of office of every Standing Committee shall be for a period of twoyears.One month before expiryof the term of a Standing Committee,electionshall be held for constitution of a new StandingCommittee

The business of, the StandingCommittee shall be conducted in a simple manner.

All minutes of the proceedings of a meeting shall be recorded in a book and shall besignedby the Chairman after the meeting. For thispurpose, onlysummaryof discussionand the recommendations of the StandingCommittee shall be recorded.

TheGramPanchayat Secretary shall place theminutesof theproceedingof theStandingCommittee in the next meeting of the Gram Panchayat for consideration.

Copies of the minutes of the proceedings referred to in sub-rule (1) shall also becommunicated to the concerned Block Development Officer and Sub Collector.

POWERS AND FUNCTIONS OF THE STANDINGCOMMITTEE'S OF GRAMA PANCHAYAT

The respective StandingCommittee of the Gram panchayat shall deal with the mat-ters for which it has been constituted.

EveryStanding Committeeshall reviewthe mattersplaced before it in relationtothe subjects or schemes as assigned to it and prepare plans and projects thereof Shall ensure proper implementations of the plans and projects prepared bythem.

Shall be responsible for the financial and physical achievements in respect ofthe schemes and programmes assigned to them.

The recommendations of the Standing Committee shall be placed before theGramaPanchayat in finalizingthe programmesand in allocationof the resources

The implementation of the recommendations of the Standing Committee shallbe subject to the decision of the Grampanchayat.

Provided that it shall be competent for the Samiti to revise or modify any suchrecommendation as it may deem proper.

46



Staff of Gram PanchayatStandingCommittee

Every Standing Commit tee of theGramaPanchayat may, fortransactingits business and for carrying out thepurposes for which it is constituted,utilise the services of the GramaPanchayat Secretary .There is nospecialstaff for standingCommittee.

Powe rs of First Standin gCommitteein caseof conflictIn th e even t of conf li ct in th erecommendation in anymatters betweentwo or more Standing Committees thematter shal l be placed before theStanding Committee as referred to inclause (a) of sub-rule (1) of rule 3 for itsdecision which shall be final.

47



Every Grama Panchayat shall meet at best once in everymonth.The meting shall be held in the Grama Panchayatoffice or at any public place decided by the sarapanch.

The noticeof the meetingshall be servedto everymemberbefore clear 7 days of the meting.The date place and timealong with the subject to be discussed shall be recored inthe notice book.

In the absence of any member the notice can be servedthrough certificateof posting.

A copy of the not ice shal l be given to the BlockDevelopment Officer.

The quorumof the meetingis 1/3rdof the totalmembersofGrama Panchayat.The meeting will be adjourned if quo-rum is not fulfilled.

The adjourned meeting can be held by giving prior noticeof three days where quorum is not required.

Sarapanch can hold any special meeting .

Other than this on reqisitation of 1/3rd members of GramaPanchayat the special meeting can be conducted. If thesarapanh failed to conduct the special meeting the mem-bers shall appeal; before the sub collector who can holdthe special meeting within 7 days.

GRAMPANCHAYATMEETING

HANDO UT - 10

48



In absence of sarapanch and Naib Sarpanch any member can be selected topreside over the meeting.

If the Sarpanch failed to conduct theGrama Panchayat meetings within fourmonths will be disqualified to hold the post sarapnach.

Either the collectoror any officer authorizedby governmentcan be authorizedto hold spcial meeting Grama Panchayat

Procedure to hold Grama Panchayat meeting

The sarpanch is to preside over the Grama Panchayat meeting, in absence ofsarpanch the naib-sarpanchshall preside.

In each meeting, the proceedings of last meeting shall be discussed andapproved.

Any subjects which could not be discussed in the last meeting shall bediscussed first.

The secretary of the Grama Panchayat shall place the letters received andcorrespondencemade by the grama panchayat for discussion in the meeting.

The discussion shallbe made in progress of the worksexecuted by the GramaPanchayat, details of the works and adjustment of advances given.

The income and expendituresof the grama panchayatsshall be discussed inthe meeting along with the budget provision.

The discussion shall be made on demand, collection & balance of the GramaPanchayat dues & actions shall be suggested for collection.

49



The proposals shall be discussed with consultation of the members present inthe meeting if necessary correction can be made.

The proceedings of standing committees shall be discussed in the GramPanchayat meeting if necessary corrections can be made.

Any special meeting conducted shall be discussed on specific subjects.

Any subjectsout of agendacan be discussed if majorityof the members presentdesires.

The proceedings of the meeting can be read by any public.

The income and expenditureof the last month shall be approved.

The sub-collector can change the proceedings or reject it, if it is against theprovisions.

50



Appointment of Grama Panchayat Staff

The P.R Deptt. of Odisa Govt. has been appointing of Grama PanchayatSecretariesfrom 2002-2003. But, the appointmentof peon, sweeper, nightwatcher, tax collector can be carried out by the Grama Panchayat.

After discussion in the Grama Panchayat Meeting , the Grama Panchayatcan invite application for appointment of the above staff

The last dateof receivingof application isdecided by theG.ramaPanchayat

On receipt of the application the G.rama Panchayat decides to whom theappointment is to be given and how much monthly salary to be paid.

The copy of such proceedings is submitted to the District PanchayatOfficer (D.P.O ) for approval.

The D.P.O verifies the internal income & expenditure of last 3years andapproves the proposal and fix up the salary keeping in view of the incomeof the G.P. .

The appointment is accepted by the Gram Panchayat from the date ofapproval by the D.P.O

The GramaPanchayat can suspend or removethe GramaPanchayt staff, iftheyneglect on duty. But, beforethe removal of any staff,the prior approvalof the D.P.O is required.

If any electedrepresentativeor any staff of the Grama Panchayat,does notreturn any document or cash to the Grama Panchayat the Sub- collectorhas the power to recover the same from him/her.

51



The attendance of the members Present in the meeting hallshall be collected to wait till the quorum. If the quorum is not

fulfilled, the meeting shall be adjourned to another date and thesame will be recored in the proceedings book. The adjournedmeeting can be conducted giving notice before 3 days and the

quorum is not required for such meeting.

Sample of a Grama Panchayat meeting

AGENDA FOR THE MEETING

1. Collectionof attendanceof the members present in the meeting hall and toobservequorum

2. Taking of seats by the President and Members .

3. Discussion of the proccedings of last meeting and approval.

4. If any subject could not be discussed in the last meeting as per agendashould be discussed.

5. All the letters received and submitted to any quarter shall be placed in themeeting for information of the members .

6. Discuss on progress of all development works executed by the GramaPanchayat and Compilation of pending works, and adjustment of advancesgivento the executants.

7. Discussion on the income & expenditures of the Gram Panchayat from thedate of last meeting and approve the same.

8. Discussionon demand,collection and balance and to takeactionfor collectionof arrear dues.

52



9. Discussion on passed & proposed proposals for corrections.

10. The proceedings of different standing committees for approval

11. Provisions of expenditure which are not mentioned in the budget tobe discussed and approved.

12. The income and expenditure from last meeting to this meeting shallbe approved as the provisions in the budget.

13. Agreement made by bidder in connection with auction of publicproperties to be discussed

14. Utilisation of Government grants and submission of UtilisationCertificate to be discussed

15. Discussion on compliance report on inspection and audit report

16. Discussion on filling up casual vacancy of members of GramaPanchayat.

17. Other subjects to be discussed as per the agenda note.

The proceedingsof Grama PanchayatMeetingshall be recorded byGrama Panchayat Secretary/ Panchayat Execuitive Officer /anyperson authorizedby the Sarpanch

The members present shall sign on the proceeding book

At the end of the meeting the sarapanch shall certify the memberspresent and the proceedings recorded correctly.

53



ROLE OF WOMENIN PANCHAYATI

RAJ SYSTEM

HANDO UT - 11 Panchayati Raj System is the foundation of democraticprocess in India.

Women constitute 48 percent of India's total population.According to 2001 census, there are 972 women in every1000 men in Odisa.

After the historical 73rdConstitutional Amendment,the roleof women has become very sign ificant for allr ounddevelolpment of the country through the Panchayati RajInstitutions.

This constitutional amendment is a milestone in the field ofmakingsure of decentralisationof powerand reservation ofseats for women for participation of more of them in localdemocratic set up.

As a resultof reservation of 33 percentseats for women,10lakh women in India are now involved in Panchayat works.Among 1 lakh Panchayat Representatives in Odisa, morethan 35 thousandsare women.

Since taking the responsibilities in the three-tierPanchayatiRaj System,Women haveexpedited the development workin their own areas and shown their expertise in Self-helpGroup development, Liquor Protest Miss ion. ForestProtection Mission etc.

Inveryshort time,many womenrepresentativeshaveshowntheir talentsin various stateand national levelmeetings andconferences.

There is ever y poss ib il ity of spontaneous wom enrep resen tat ion abo ve 50% , if the re wou ld be les sparticipation of men in Palli Sabha and Grama Sabha, noembezzlement of Panchayat money, absence of variousob st ac le s in th e wa y of wo me n re pr es en ta ti on ,cooperation of Government officials and above all workingof all wome n representatives toge ther in solving ofproblems in the spirit of Panchayati Raj system.

54



Besides that, the electedwomen representatives play significantrole in successofgrassroot democracy and reconstruction of villages.

Through the Constitutional Amendments, there have been many provisions forwomen. There is reservation system for women in direct electionat different leve lsof Panchayatsystem.

One third of seats at all the three levels are reserved for women.

There is also reservations for ScheduledCaste and ScheduledTribe women. If thechairperson is a man, the vice-chairperson would be a woman.

Contributions of women in creating awareness and joining in the Education andHealth Missionsare noteworthy.

Among the permanentcommittees at all the three level, the 4th one is meant for onlywomenmembers.In thiscommittee, only womenare the membersand one of themis the chairperson.

Only womenSarpanchor DeputySarpanchcan inspect the Anganwadi and HealhWorkers Centres.

After the ConstitutionalAmendment, the RuralWomen, whowerebehindthe curtain,are abled to take charge of Panchayat democracy.

In many Adivasi areas, women have succeeded in liquor free missions.

There is provision of 30 percent reservation for women labourers in wage basedemployment scheme, (NationalRural EmploymentGuarantee Scheme)

There is also provision for reservation of 40% of total target for women inSwarnajayanti Gram SwarojagarYojana.

There is provision for work order inname of both husband and wife toconstruct house under Indira AwasYojana.

Thewomenshould be one-thirdof totalmembers present in Gramsabha.

Likewise, there is provision of One-tenth of members present in PalliSabha should be women.

55



Shame, shy andfear may be

eliminatedthrough

discussion amongtwo or more

women ratherthan one woman.

So that ,womencan express their

view throughmore effective

participation.

Result of women participation

Now, women are par tic ipa ting in the meetings ofGrampanchayat,Palli Sabha and Grama Sabha.

Keeping balance with government officials, they aredischarging their functions.

As compared to men, they are functioning in a moreimpressivemanner

They are realising the problems of village in moresensitively.

Influencedbythewomenrepresentativesthe other womenare taking necessary steps together to solve their ownproblems.

The women voting participation has been rising alongwith women candidates .

Measures to mobilise women participation The time and place of meeting should be fixed according to convenience of

women.

Women holding posts should be informed about their responsibilities andrights.They should also be shown respect.

In generalmeetingand Gram sabha meeting,women should be given time togive their own view and take decision.

Shame, shy and fear may be eliminated through discussion among two ormore womenrather than one woman.So that ,womencan e xpresstheirviewthrough more effective participation.

According to 2002, Orissa GrampanchayatAmendment Act, the relatives ofwomen representatives can not participate in Panchayat meeting norinterfere in routine works of the Panchayat.

56



ROLE OF GRAMAPANCHAYAT ANDSARAPANCH IN

PROJECTIMPLEMENTATION

HANDO UT - 12 xecutionof Development works is the most importantroleof the Gram Panchayt. The Sarpanch is responsible forproper implementation of the projects. The SarpanchandSecretary have got important role to executethe followingsubjects.

1. All the projects shall be prepared in the Palli Sabha and itwill be approved in the Grama Sabha.

2. Allotmentof fundsand amountrequiredfor theprojectsshallbe finalised in the Gram Panchayt meeting.

3. Plans,budgets technicalsanction & administrativeapprovalare to be prepared for each project.

4. Sarpanch is to accordadministrative approvaland in somecasesthe GramPanchayt is to giveadministrativeapproval.

5. Work orders can be invited in specific form and the agree-ment shall be executed.

6. The elected representatives can supervise the projectduringexecution.

7. Aftercompletionof theproject,measurementand thecheckmeasurement, if necessary, shall be recorded in theMeasurementBook.

8. At the time of measurement, the presence of Sarpanch isnecessary.

9. Workbillshallbepreparedby theJuniorEngineerand itshallbe checked by theExecutiveOfficersof theGramPanchayt.

10. Sarpanch is to accord approval for payment.

11. The payments shall be recorded in the cash book and thevouchers shall be preserved in the voucher guard file withserial number.

12. The Sarpanchshall conduct socialaudit in the Palli Sabhafor transperancy.

13. The auditorsof Govt. shall audit the expenditures.

E

57



Role ofthe

Sarpanchof GramaPanchayatin execut-

ing theproject

Sarpanch willbe free from Ac-

countability, if therewill be no objections

in the audit.

Selection andapproval of the

projects inPallisabha / Grama

Sabha

Provision offunds to be

finalised in the GPmeeting.

Preparation ofplan & estimate andtechnical narationwith administrative

approval.

Issue of workorder and execu-tion of agreementby the Sarpanch.

Visit andsupervision

of worksPresence at thetime of Measure-ment and check-measurement.

Preparation ofwork bill and

checking by theExecutive Officer.

Payment afterpassing orders on

the body of thebill by theSarpanch.

Recording inthe cash book

and keeping thevouchers in the

Grand file.

Conduct ofsocial audit inthe Pallisabha

fortransperancy.

Conduct ofaudit for the

expenditures.

58



Check measurement is not required for theestimated cost of the project upto Rs.50,000/-The Junior Engineer of the Block measures thework and prepare the bill for such projects andafter pass for order / payment orders accordedby the Sarpanch, payment is made.

JuniorEngineeror Assistant Engineershall haveto return thecashrecord andMeasurement Bookto the concerned Grama Panchayt af tercomp le tion of measuremen t and checkmeasurement.

For execution of the project, the amount drawnfrom the savings account shall be properlyrecorded in the cash book.

Before execution of the project, it should bediscussed and approved by the Gram Panchyat.

The schedule of rate required for the panchayatsami ti shal l also be used for the GP. Themeasurement, check measurement shall bemade in presence of Sarpanch, Secretary andconcerned ward members. If the measurementrecorded by the JE is not satisfactory, the Asst.Engineerwill assure thework,if themeasurementmade by the Asst . Engineer is also notsatisfactory, it will be measuredby the ExecutiveEngineer. As per this measurement, bill will beprepared.

The Collectorcan pass orders for measurementand check measurementof any work.Te

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59



Transperency in execution of projectTheGovt.has issued instructions in connectionwith transparencyandaccountability for all theDevelopment worksexecutedby theGram Panchayat Therefore, theGramaPanchayat mustconduct socialaudit for all theDevelopmental worksexecuted by it. The intention of the socialaudit is mostly to observe theproper utilisation of fundsas wellas thecorrect paymentof wagesto the labouresengagedinsuchproject.

The following steps are to be followed for the Social Audit1. A special meeting of PalliSabha is to be convenedfor the purpose of SocialAuditand the

quorum shall be 1/10 of the total members of Palli Sabha area. If the quorum is not fulfill,the saidmeetingshallbe adjourned to another date.

2. At such meeting33% of the laboures engaged shall remainpresent.3. Theintention ofsuchPalliSabha is todiscusson theprojectscompleted during thefinancial

yearor the projects underprogress. The noticeof suchmeetingshall be publishedbefore15 days for information of the general public.

4. Sarpanchand Secretaryshall acceptall the writtencomplaintsfiled by the public.5. The Secretary shall read the details of the projectsin the meetingandallowthe members

present to discuss in the matter.6. TheTechnicalAuthorityand ExecutiveAuthorityshall participate in thediscussion andshall

give reply toallobjections.If thePalli Sabha issatisfied andapprove theexpenditures madeforthe project, itwill betreatedthat thesocial audit isconductedand cleared withsatisfaction.

7. If themembers arenotsatisfiedas thereplygivenby theTechnicalAuthorityandExecutiveAuthority, the Sub-Collector willbe requested for enquiryand report.After receiving suchreport of the Palli Sabha, the Sub-Collector will enquiry the same with the assistance oftechnical authority of otherdepartments and two membersof PalliSabha.

8. The report of the Sub-Collector shall also place before the Palli Sabha and if it is notaccepted, the Collector willbe requested for enquiry.

9. The enquiryreportof the Collector is final.10. If themisutilisationormisappropriationwillbe provedin such procedure, themisappropriated

amountwillbe recovered from the executiveauthority.

Therulesfor effectivefunctionning of theGrama Panchayat Orissa Grama PanchayatAct 1964 Orissa Grama Panchayat Rules 1968 Orissa Local Fund Audit Act Orissa Local FundAudit Rules Orissa State Election Commission Rules 1994

60



PANCHAYATSAMITI

HANDOUT - 13 anchayat Samiti is the middle stage in three tieredPanchayati Raj system. Thereare 314 Panchayat Samitiesin the state.The Panchayat Samiti constitutes with some

contiguous Gram Panchyat notifiedby the stateGoverment. ThePanchayat Samities are functioning as per provisions underOdisa Panchayat Samiti Act 1959 and the 73rd ConstitutionAmendment, the General Election of Panchyat Samiti are to beconducted as per the Election rules provided by Government inthe year 1968. Seats for SC and ST shall reservedbasing on theproportion of the SC and ST population with total population.Similarly, one third of the seats shall be reserved for womencategory.After completion of theelectionof allthe PanchyatSamiticonstituency, thechairperson andvicechair person willbe electedamongthe memberselectedfrom the constituencies. The periodor term of the Panchayat Samiti is 5 years.

Powers and functions of SamitiThe PanchayatSamiti can exercisethe powersand perform thefollowing functions as provided Under Section 20 of the OrissaPanchayat Samiti Act.

a) Planning, execution and supervision of Dev.programmesin the Block, relating to CommunityDevelopment.

b) If it isTribalDevelopmentBlock, theprogrammesschemesand works shall be managed and supervisedby the Block.

c) Management, control and spread of primary education inthe Block.

d) Preparation of plans for improvement of financial positionand social justice.

e) Supervision of enforcement of laws relating to vaccinationand registrationof birth and death.

f) Borrowing of money and granting of loan with priorpermission from Government.

P

61



Orissa Panchayat Samiti Act has been amended during the year1959 and 1997 keeping in view for extension of the provisions under

scheduled area Act 1996. The functions of the Panchayat Samitibasing on the above amendment are given below.

Engagement in volunteer works, control over the different organisationand itsfunctionaries,and supervision of their functions.

Control over the execution of development works in the scheduled area.

g) As providedUnderSection11of theIndianConstitution,improvementof financialpositionandsocial justiceasentrustedby Government tobeexercised by thePanchayatSamiti.

h) Management of such trusts and endowments and other institutions entrusted byGovernment.

i) Supervisionand inspectionof the works executed by the Gram Panchyat under theirjurisdiction.

j) Such other functions as may be assigned by the Government from time to time.

k) Constitution of standing committees for proper management of Panchayat Samiti.

62



Elected Representatives and Officersof the Panchayat Samiti

This is the middle stage in the 3 tier PanchayatiRaj System.

This stage can keep relation between the Grama Panchyat and ZillaParishad

All the officers of the Block are accountable to the PanchayatSamiti.

REPRESENTATIVE

Chairperson

Vice chairperson

Members

Standing Committees

ADM INI STR ATIV EOFF ICI ALS

Block Development Officer

Additional Block Development Officer

Executive Officer of theGram Panchyat

Executive Officerof the Block

Extension Officers

63



Power & Functions of Chairperson of Panchayat Samiti

As per Sec.19 of the Orissa Panchayat Samiti Act, thechairperson is the executive authority of the Panchyat Samiti

The chairpersonconvenes the PanchayatSamiti meeting

The worksexecuted by the PanchayatSamiti, are inspectedand checked by the chairperson.

If the chairperson desires, He/She may hand over someroles of the chair person to the vice-chair person in writingand may withdrawsuch powers from the vice-chair person.But all the powers can not be handover to the vice-chairpersons.

Thevice-chairpersoncanpresideover thePanchayat Samitimeeting in absence of Chairperson.

In absenceof the both, the memberscan selectone personamong them to preside over the PanchayatSamiti meeting.

The Chairpersoncan approve the casual leave of the BlockDevelopment Officer.

The Chairperson can give his comments on the duties andfunctions of the BlockDevelopmentOfficerin the prescribedform and shall submit 3 copies to the collectorby 15thAprilof each year.

Simila rly, the Chairperson can give his comments onAdditional Block Development Officer and shall submit thesame to the collector.

The Chairperson shall approve the tour programme andtour diaries of the Block Development Officer.

Power & Functions of Members of Panchayat Samiti

Panchayat Samiti is the middle stage of Panchayati RajSystem The PanchayatSamitiis an important institutionfor betterandfruitfulfunctions of differentschemesentrustedafterdevolutionof powers to the Panchayati Raj institution. Hence, the Panchayat

ROLEANDRESPONSIBILITY

OF ELECTEDREPRESENTATIVES

ANDOFFICIALSOF

PANCHAYAT SAMITI

HANDOUT - 14

64



Samities have to be made strong in financial management to execute the different publicinterest schemes under their jurisdictions.For the above purpose, the representativeswereelected directly from the Grma Panchayat area to be the member of the Panchayat Samiti.The duties and responsibility of the Panchayat Samiti members are given below :

1. As per Panchyat Samiti election rules, the Chairpersons and vice-chairpersonsare elected by the members of the Panchyat Samiti from among themselves.

2. They have powers to caste their votes in the Panchayat Samiti meeting.

3. Theyhavepowersto caste theirvotes in the voteof no confidence motionagainstchair person and vice chair person.

4. They will be members of t he standing committees.

5. As a member of the standing committee, can take part in the discussion of thePanchayatSamiti meeting and finalise the proposalsof the standing committee.

6. Can attend the Grama Panchayatmeeting.

7. Assist the people to give social justice.

8. Assist the weaker section people for poverty eradication.

9. Assist the helpless people during the period of emergency/natural calamities, intheir respective area.

The duties and functions ofthe Block Development Officer

The Block Development Officer is the executive officer of the Blockand he will work under the control of the chair person as prescribedunder Orissa Panchayat Samiti Rules.

All the receipts receivedby thePanchayatSamitiis called 'PanchayatSamitiFund'. The PS fundshallremain underthe custody of theBDOand it can be spent as decided by the Panchayat Samiti as pro-vided under the Orissa Panchayat Samiti Act and Rules.

65



The duties and responsibilities of BDO as per OrissaPanchayat Samiti Administrative Rules, 1987

TheBlockDevelopmentOfficershall workunder thecontrolof thechair personof the Panchayat Samiti and shall be the Executive Officer of the Samiti. Hewillpreparethe plan, executeand supervise all the development worksunderhis jurisdiction.

He will prepare the budget estimate for approval by the Samiti.

He will remain in charge of Panchayat Samiti fund and can spend with priorapprovalof the Panchayat Samiti.

All the Government grants shall be deposited in Panchayat Samiti fund andit shall be spent in proper way.

Receipts and expenditures shall as per provision under law.

To comply the defects painted out during the audit of the Panchayat Samitiaccounts.

To takecare for correctentry of the proceedingsof Panchayat Samitimeeting.Submission of reports and returns to different quarters.

To be punctual for preparation of Confidential Character Report (CCR)of hissubordinates by 15April each year and submissionof ConfidentialCharacterReport of Extension Officers to their respective departments.

To lookafter the propermaintenance of service book of all staffunderhis/hercontrol.

To attendall thePanchayatSamitimeetingsand takecare forcorrect recordingof proceedings.

To attend all correspondenceon behalf of the Panchayat Samiti

To takeproper action on themisutilisationof public propertiesduring executionof any development works.

Submission of tour programme and tour diaries of the chair person to thecollector, district office and sub-collector information.

66



Shall report the casual vacancy of the members of the Panchayat Samiti tothe chairperson and collector for further action at their end.

Scrutinise the different Developmentworks taken by the Panchayat Samiti.

Report the lossof lifeandpropertiesduringnaturalcalamityto thesub-collectorand collector in time and arrange for relief work for the affected people.

Inspect and supervise the work of the Grama Panchayats under PanchayatSamiti and submit the report to the Panchayat Samiti, for approval.

Takeactionfor the works executed at theGramaPanchyat levelfor completionin time and shall be as per govt. instruction.

To inspect the Gram Panchayatsunder his jurisdiction and scrutinisethe levyof taxes and financial position of the Gram Panchyat . At the same time tocheckthe utilisationof governmentgrantson different schemesand supervisethe projectsunder execution.

To give technical advice to Grama Panchyat and Samiti.

To lookafter themeasurement andcheck measurement doneby theTechnicalauthorities in time.

If any misappropriation or misutilisation found at the time of inspection orvisit to the Gram Panchayat Samiti shall be reported to the chairperson andcollector.

Submit the tourprogramme and tourdiariesto the chairperson,sub-collector,collector in time and the comments of the collector shall be brought to thenotice of the chair person.

To conductmeeting of the Extension officer,VillageLevelWorker/LadyVillageLevel Worker at least two days in a month.

In additionto the above, the BDO shall see the maintenance of vehicle,all themovable and immovable propertion under control and of Panchayat Samiti.Furtherhe is to attend the worksentrustedby the Governement in PanchayatiRaj Department.

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The powers and duties of the Addl. BDO

Government in Panchayati Raj department has issued an instructionvide their L.No. 41556 Dt. 24.10 .08 regarding Admin istrative andFinancial powers of Addl. BDO, which are detailed below :

The Additional BDO-Cum-Accounts Officer shall exercise the powers anddischarge the dutiesand functions of the BlockDevelopmentOfficerswhenthe BDO remains absent due to transfer, leave or any other reason.

He shall work under the administrative control of the BDO and assist theBDO in supervision of all the WelfareSchemes like NREGA,SGSY, BRGF,Gopabandhu Gramina Yojana etc. and ensure monitoring and follow uparrangement in respect anti-povertyprogrammes in Block.

He shall conduct one half-yearly inspection of Block Office and annualinspection of the work of as many VLWs as may be specified by the BDO.

Verify the Stockand Stores of BlockOfficeat an intervalnot exceedingtwomonths.

Assist the BDO in conductingregular staff meetingto monitoractivities andprogress of Extension Officers/VLWs and conduct the staff meeting onspecified dates in absence of the BDO.

Visit each Gram Panchayat at least once annually and tender advice onbetter performanceof functions assigned to the Gram Panchayat.

Function as the Officer-in-Charge for all Social Welfare Schemes and inparticular shall make every endeavour so that pensions payable to thedestitutes, aged,widowsand disabledpersons are paid to them punctually.

Visit and inspect the progress of schemes and work according to thedirections of the BDO

68



Approve tour programmes and tour diaries of Village Level Workers.

Ensure timely distribution of Salaries of Primary School Teachers andsupervision of Public DistributionSystem.

Look all establishment matters under the supervisionof BDO

The power of Drawing and Disbursing Officers shall be delegated to theABDO-Cum-AccountsOfficerby the BDO so thathe can function as Drawingand 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 ABDOjointly.

All the files/case records relating to accounts shallbe passedthroughABDO-cum-Accounts Officerand he shall submitutilizationcertificates and compileaudit reports subject to over all control and supervision of the BlockDevelopment Officer.

Take up regular analysis of Cash and P.L Account of the Block.

Assist in audit of accounts of the Samiti

Be in-chargeof Computer Cell in the Blockand willensure dailymaintenanceof PAMISand weekly updation of Priya Soft and Rural Soft.

And shall perform such other duties as the Block Development Officer mayassign to him from time to time under Sub rule(xv) of Rule 14 of OrissaPanchayat Samiti (Administration of Affairs) Rules, 1987.

69



MEETING OFPANCHAYAT

SAMITI

HANDO UT - 15 Panchayat Samiti is the middle stage of three tier PanchayatiRaj system.The meeting of the Panchayat Samiti is to beperformed as provisions under Orissa Panchayat Samiti Rules1969.

The meeting of the Samiti shall be held at the office of theSamiti.

EverySamiti shallmeet at leastonce in everytwo months.An ordinary meetingof the Samitishallusually be heldon afixed day of every alternate month to be decided it, in ameeting.

Provided that if for any reason, it is deemed inconvenientto hold any such meeting on the day thus fixed thechairpersonmay fix anotherday for thatparticularmeeting.

NOTICE FOR THE MEETING

At leastsevencleardaysnoticeof a meetingof the Samiti,shall be given to every member, the members of the statelegislature, the membersof parliament. The noticeshallbeissued under the signature of the BDO and servedby postunder certificateof posting. Acopy of the notice shall alsobe published in the notice board of the Samiti.

Provided that the notice for an emergency meeting maybe served by post under certificate of posting or by suchother method as may be deemed expedient.

The notice shall set forth clearly and fully the time, placeand date of the meetingand the businessto be transactedthere.

Accident fai lure of service shall not inva lida te theproceedings of any meeting.

70



AGENDA FOR THE MEETING

The agenda for the meeting shall be preparedby the Block DevelopmentOfficerin consultationwith the Chairman of the Samiti.

The agenda shall includesuch subjects,as are assignedto the Samiti under theAct.

The Chairman of the Samiti shall call for a special meeting on the requisition ofone-third of the number of members, then on the roll of the Samiti, within onemonth from the date of receiptof such requisition givingthe resolution,which it isproposed to move.

The Chairmanof the Samitimay call for a specialmeetingof the Samiti suo motuand shall convenesuch meetingof the Samiti,on requisition form the Collector ofthe district, within fifteen day from the date of receipt of such requisition.

The procedure prescribed for meeting under the foregoing rules shall apply forspecial meetings under this rule.

Every meeting of the Samiti shall be presided over by the Chairman and in hisabsence by the Vice-Chairman and in the absence of the Chairman and Vice-Chairman by a non-officialmember, from out of panel of three such members, inorder of priority nominated by the Chairman in purusance of sub-section (5) ofsection 20-A of the Act.

When ever the Chairman of the Samiti finds it necessary, to temporarily leavethe Chair he may call on the Vice-Chairman or the latter's absence, the non-official member from out of a panel of three such members in order of prioritynominated by the Chairman, and in case, all such members are absent, he maycall on any member present there.

Whenever the Vice-Chairman of a Samit i is presid ing over the meeting andhe finds if necessary to leave the Chair temporarily, he may call upon the non-official member, from out of a panel of three such members in order of priority,nominated by the Chairman and in case, all such members are absent, hemay call of any member present there.

71



If the office of the Chairman and Vice-Chairman of the Samiti are vacant, theduties assigned to them, shall be performed by the non-officialmember from outof a panelof theresuchmembers,in orderof priority, nominated by the Chairman.

QUORUM

Quorum for any meeting of the Samiti shall be one-third of the total member ofnon-official members having a right to vote, then on the roll of the Samiti.

Provided that in casewherethe numberof membershaving a rightto vote then onthe roll is not evenlydivisible by three, the one-third shall be ascertained by takingthe numbernextabovethe wholenumber, whichis evenlydivisibleby threeas thenumber to be divided.

If, within an hour, after the time appointed for a meeting,the quorumis not presentthe meeting shall stand adjourned, to some future day, to be appointed by theChairmanunless,all thememberspresent,agreed to waitlongerandatleast sevendaysnoticeof suchadjourned meeting,as prescribed under rule5, shallbe given.The adjourned meeting shall be convened within fourteen days from the date ofadjournment.

The members presentat such adjournedmeeting shall form a quorum whatevertheir member may be.

A matter requiring the decision of the Samiti, shall be decided by means of aquestion, put by the presiding member of the Samiti.

When a question is put to vote, the presiding member shall call for a show ofhands and he shall count the hands shown for or against and declare the result.

All questionswhich may come before the Samiti at any meeting shall be decidedbya majorityof votes of non-officialmembershaving right tovote. Incaseof equalityof vote the presiding member shall have and exercise a second or casting vote.

72



No resolution of the Samiti, shall be modified or cancelled, within three months,after the passing thereof except at a meeting, specially convened, in that behalfand by a resolution of the Samiti, supported by not less than one-half of the totalnumberof non-official members,having a rightto vote thenon the roll of the Samiti.

Thereshall be a book,for drawingup theminutes of theproceedingof eachmeetingof the Samiti. During the period of each meeting, the Block Development Officer,shall record the names of the Members present in the meeting, in the minute'sbook and shall obtain their signature.

Minutes of the proceedings of each meeting of the Samiti shall be drawn up andrecordedby the BlockDevelopment Officer, in the Oriya languagein the book keptfor the purpose and after obtaining the signature of the presiding member, theBlock Development Officer shall circulate copies of the same, to all members,withinsevendaysof the meeting. If no objections are receivedfrom any members,within 20 days of holding of the meeting, the minutes shall be taken to have beencorrectly recorded.

The Block Development Officer shall forward the copy of the minutes of theproceedings of each meetingof the Samiti to the concernedSub Collectorand theCollectorof the Districtwithinseven day, of each meeting.He shall forwarda copyto the Government within seven days of each meeting, if directed by the Samiti,

A member, while speaking shall not comment on any matter on which a judicialdecision is pending or make a personal charge against any member, or useoffensive language about the conduct or proceedings of the parliament of thelegislatureof any Stateor of any Parishad or Samiti, or reflect upon the conduct ofthe President or anyGovernoror anyRajpramukh(asdistinct fromthe Governmentof which they are respectively the heads) or any court of law in the exercise of itjudicialfunctions,or utter defamatory words,or usehis rightof speech for thepurposeof obstructing the business of the Samiti.

A member who has once addressed the meet ing, on a motion, shal l notsubsequently move, or second an amendment thereto , or otherwise take partin the debate.

73



No member shall speak on a motion,after it has been put to vote by the presidingmember.

No member may speak more than once on a motion except the mover,who hasthe right of reply.After the mover's reply, no member shall speak on the motion. Ifthe mover of a motion speaks on an amendment there to, then he losses his rightof reply.

No speech except with the permission of the presiding member, shall exceedseven minutes in duration.

No member shall vote or take part in the discussion of any subject coming up forconsideration at a meetingof the Samiti, if the subject is once in whicha part fromits general application to the public he has any direct pecuniary interest, byhimself or as a partner.

The presidingmember,either on his own motion or on the motion of any memberpresidentmay prohibitany member from votingon or takingpart in the discussionof any subject in whichhe believessuch member to have pecuniary interestor hemay require such member to absent himself during the discussion.

Such member may challenge the decision of the presiding member who shallthere upon put questionto the meeting.The decisionof the meetingshall be final.

If the presiding member is believed, by any member present at the meeting, tohave any such pecuniaryinterest, in any subject under discussion, the presidingmember, may if a motion to that effect is carried, be required to absent himselffrom the meeting during such discussion.

The member concernedshall not be entitled to vote on the question referred to insub-rule (3) and the presideing members shall not be entitled to vote on motionreferred to a sub-rule (4).

74



SAMPLE OF A PANCHAYAT SAMITI MEETING

Collection of signature of the members on scheduled place, date and time.

Wait for quorum (1/3rd of the total members)

Wait for the quorum for one hour from the scheduled time.

If quorum is not fulfilled,adjourn the meeting for anotherdate.

The adjourned meeting can be convened within 14 days from the date ofadjournment.

Quorum is not required for the adjourn meeting.

President of the meeting and members shall take their respective seats.

Discussion of the objections received from the members in respect of the lastmeeting proceedings.

Discussion on the progress of development works and receipt and expenditureof the Panchyat Samiti

The proceedings of the standing committees to be discussed.

The member shall take permission from the president of the meeting before tospeak.

Discussion can not be madeon subjects which are not in the agenda.

All the discussion shall be recorded in the proceedings book by the BDO.

The president shall sign on the end of the proceedings and shall communicatethe copiesof the proheceedings to all the memberswithin7 days from the date ofmeeting.

If the objection if any,shall not received from the members within 20 days of themeeting held, it will be treated that the proceedings recorded correctly.

A copy of the proceedings shall be submitted to the sub-collector and collectorwithin 7 days from the date of meeting.

If the samiti desires, a copy of the proceedings can be sent to government.

75



STANDINGCOMMITTEE OF

PANCHAYATSAMITI

HANDO UT - 16 or better functioningof panchayat Samiti, standingCommittees willbe constituted. Likethe StandingcommitteesofGramPanchayatthesecommitteeswill

accelerate the developments projects. Thease comittes willevaluatethefunctionsofpanchayatSamitiin itsregular meetings.Every Samiti shall by resolution constitute the followingStanding Committees,namely:-

F

Planning, Finance, Anti-poverty Programme andCoordination StandingCommittee ;

Works, Irrigation,Electricity, Drinking Water Supplyand Rural Sanitation StandingCommittee ;

Public Distribut ion System, Welfare of WeakerSect ion, Forest , Fuel and Fodder Stand ingCommittee

Education, Sports and CultureStanding Committee.

Agriculture, Animal Husbandry, Soil Conservation,Horticulture, Watershed Developmentand FisheriesStandingCommittee;

Health, Social Welfare including Women and ChildDevelopment StandingCommittee ;

Handicrafts, Cottage Industry, Khadi and VillageIndustriesand Rural HousingStanding Committee;

CONSTITUTIONOFSTANDINGCOMMITTEES AT PANCHAYAT SAMITI

Every Standing Committee shall consist of:-five membersin case of a Samiti having twenty or more elected mem-bers; or three members in case of a Samiti having less thantwentyelectedmembers.

The Chairman and members of the Standing Committeesshall be elected by and from among the elected membersof the Samiti: Provided that in case of Health, Social Wel-fare including Women and Child Development StandingCommittee; only woman members shall be elected

The Block Development Officer shall be the ex officio Sec-

76



POWERSAND FUNCTIONSOF THESTANDING COMMITTEESThe respective StandingCommittee of the Samiti shall deal with the matters forwhich it has been constituted.

EveryStanding Committeeshall reviewthe mattersplacedbefore it in relationto thesubjects or schemes as assigned to it and prepare plans and projects thereof andfurnish its recommendations to the Samiti;

Shall ensure proper implementations of the plans and projects prepared by them. Shall be responsible for the financial and physical achievements in respect of the

schemes and programmes assigned to them. The recommendationsof the StandingCommitteeshall be placedbefore the Samiti

in finalizing the programmes and in allocation of the resources The implementation of the recommendations of the Standing Committee shall be

subject to the decision of the Samiti:Provided that it shallbe competent for the Samitito revise or modify any such recommendation as it may deem proper.

retary of all Standing Committees. Samiti may co-opt. / to each of the Standing Committeenot more than threepersons, not beingmembersof the Samiti,having experienceand knowl-edge of the subjects assigned to the respective Standing Committee.

The term of officeof everyStandingCommitteeshall be for a periodof two years.One monthbefore expiryof the term of a Standing Committee,election shall be held for constitutionof anew eStandingCommittee.

CONDUCT OF BUSINESS OF STANDING COMMITTEESEach Standing Committee shall meet in t he Office of the Samiti on such date and such time asthe Chairmanof the Standing Committee may decide.TheChairman of the Standing Committeemay at any time calla special meetingof the StandingCommittee within a weekof the receipt of arequisitionby a majorityof the membersof the StandingCommittee. The agenda and the time ofthe meeting shall be approved by the Chairman of the Committee. No business shall be trans-actedat any meetingof a Standing Committeeunlessa majorityof its members are present.Thebusiness of, the StandingCommittee shall be conducted in a simple manner.All minutes of theproceedings of a meeting shallbe recordedina bookandshallbe signed by theChairmanafterthemeeting. For this purpose, onlysummaryof discussionand the recommendations of the StandingCommitteeshall be recorded. The Block Development Officer with the approval of the Chairmanshall place the minutes of the proceeding of the StandingCommittee in the next meeting of theSamiti for consideration.Copiesof the minutesof the proceedings referredto in sub-rule (1) shallalso be communicatedto the concerned Collectorand DistrictPanchayat Officer.

STAFF OF PANCHAYAT SAMITI'S STANDING COMMITTEEEveryStanding Committeeof the Samitimay, for transacting its businessand for carrying outthe purposes, for which it is constituted, utilise the servicesof the Block DevelopmentOfficer

77



Block level Advisory Committee

Govt. in Civil Supply Department has issued an instruction vide their L. No. 6056 dt.30.3.07 relating to constitution of Block levelAdvisory Committee as detailed below :

The Block level Advisory Committee will be constituted under the Chairmanship ofHonourable M.L.As.

The Comittee Comprise the following members

1. HonourableMLA of the area concerned Chairman

2. Honourable MP of the area concerned or his representative Member

3. Chairperson of Panchayat Samiti Member

4. One Panchayat Samiti Member (to be nominated bythe PanchayatSamiti) Member

5. TwoSarpanches (to be nominated by Collector) Member

6. Four consumers of whom at least one shall be awoman and one from SC/ST Community (to benominated by Collector) Member

7. One representative of a Voluntary ConsumerOrganization(to be nominated by Collector) Member

8. Tworepresentatives of Women Self Help Groups (otherthan PDS licensees) (to be nominated by Collector) Member

9. Marketing Inspector of Supplies

10. Block DevelopmentOfficer MemberConvenor

78



Rules for effective functionning ofPanchayat Samiti

Government in Panchyat Raj Deptt has prepared the rules for better ad-ministration at Panchyat Samiti level. If required the rules are beingammended from time to time.

TheOrissa Zilla ParishadandPanchayatSamiti Finance Rule- 1961

Orissa Panchayat Samiti Budget Rules 1969

Orissa Panchayat SaministrationRules 1969

Orissa PanchayatSamitiAcceptance of loansand payment of loans- 1972

Orissa Panchayat Samiti Travelingexpenses rules 1975

Orissa Panchayat Samiti (Chairperson & vice chairpersons)

rules - 1968

Orissa Panchayat Samiti Administrative rules - 1987

79



ZILLA PARISHAD

he zilla parishad is the apex tier of all the three levels ofpanchayati raj system. In January 1961, the first group ofzilla parishadswereconstitutedand worked wellin the state

of Orissa but after some period of time they were abolished in1968and replacedin Julyof thatyearbyan innocuousbodycalledtheDistrictAdvisory Council.They wererevivedby theOrissa ZillaParishad Act1991 whichprovidesfor theconstitution ofa parishadforeach district bynameof thedistrict,eventhoughelectionscouldnot be conducted under thisAct. Following the 73rdamendment,theActwas furtheramended in1994. Electionsto thezillaparishadsunder this amendedAct were firstheld in 1997.

Seats are reserved for scheduled castes and scheduledtribes in each parishad according to their population. Twenty-seven percent of seats are reserved for BCC (backward classcitizens)and one thirdfor women,including thosefrom SCs,STs,and BCCs.

Every parishadhas a presidentand vice-presidentelectedby the elected members from among themselves at its firstmeeting. The office of president is covered under reservationpolicy. The collector is the ex-officiochief executiveofficer of theparishad. The project officer of the District Rural DevelopmentAgency is to act as the executiveofficer. However, the presidentdoes not seem to have full administrative control over theseofficers.

FUNCTIONS OF ZILLA PARISHAD

To undertake schemesor adopt measuresincluding givingof financial assistance relating to the development ofagricu lture, socia l forestry, live-stock, industries, co-operative movement, ruralcredit,water-supply, distributionof essential commodities, rural electrification includingdistributionof electricity, minor irrigation, public health andsanitation including establishment of dispensaries and

HANDO UT - 17 T

80



hospitals,communications, primary,secondaryand adulteducation includingwelfareand other objects of general publi utility.

Prepareplans for economicdevelopment and social justice; implementschemes foreconomic development and social justice and undertake execution of any otherscheme, performance of any act or management of any institution or organisation,as theGovernmentmay, by order, entrust to it includingthosein relation to the matterslisted in the Eleventh Scheduleto the Constitution of India,subject to such termsandconditions as may be specified in the order;

Manageor maintainany workof publicutilityor any institution vested in it or under itscontroland management;

Contribute such sums as may be agreed upon towards the cost of maintenance ofany institution situated outside the district which is beneficial to and habitually usedby the inhabitantsof the district;

Establish scholarships or award stipends within the State for the furtherance oftechnical or other special forms of education;

Make grants to Samitis or Grama Panchayats within the district;

Contribute, with the approval of Government, such sums as it may decide towardsthe cost of water-supply or antiepidemic measures undertaken by a Municipality orNotified Area Council within the district;

Adopt measures for the relief of distress;

Co-ordinate and integrate the development plans and the schemes prepared by aSamiti in the district;

Prepare, execute and supervise the district plan relating to -

o monitoringand supervisionof programmes likeJawaharRojgarYojana (J.R.YPto be directly implemented by Grama Panchayats and Panchayat Samitis;

o implementationof anti-povertyprogrammesand monitoringsupervisionthereof;

o discharge of responsibilities and functions as assigned to the District RuralDevelopmentAgencies from time to time; and

Grantaid to any school,public library, public institution or publicwelfareorganisationwithin the district;

81



Orissa Zilla Parishad Act 1991 has been amendedduring 1997 in accordance with "Panchayat ScheduledArea Extension Act -1996".As per this amendment the

power and functions of Zilla Parisad are:

No acquisitionof land for development project will be granted without the priorrecommendation of zilla parishad.

The zilla parishad shall plan and manage the minor water bodies.

No lease and auct ion of minor minerals will be granted without priorrecommendation/consultationof zilla parishad.

MEETING OF THE ZILLA PARISHAD

ZillaParishadshallmeet not lessthanfour timesduring anyyearfor the transactionof its business, and a period of more than three months shall not be allowed toelapse between two successive meeting.

The business of the Parishad shall be conducted at Zilla Parishad office. Thedate for the meeting shall be decided by the president of the Zilla Parishad. Thepresident shall preside over the meeting, in his absence the vice-president or inabsenceof both, the memberspresentshall selectout of the memberspersent toprovide in the meeting.

On request of 1/3rd members of the Parishad, the President can convene ameeting. The proceedings of the meeting shall be recorded by the Secretary ofthe Zilla Parishad.A copy of the meeting shall be sent to the Government and tothe RDC concerned within 7 days of the meeting.

82



SAMPLE OFA MEETING OF ZILLA PARISHAD

Collection of signatures of members attended on the scheduled date, placeand time.

To observe the quorum of the meeting.

They haveto waitfor nextone hourfrom thetimescheduled to fulfill thequorum.If it fails the meeting shall be adjourned to any other date by the president.

The quorum shall not required for the adjournedmeeting.

The president and members will take their respective seats.

Reading and discussion of the proceedings of last meeting. If it is correctlyrecorded, then it will be approved.

As provided under Act and Rules of the Zilla Parishad, shall be discussed inthe meeting.

Discussion and questions.

Discussion on development of the District and receipt and payment of theParishad.

Any emergency matter raised by any member shall be discussed.

The proceedings of the StandingCommittees shall be discussed.

Other proposals.

83



STANDINGCOMMITTEE S

OF ZILLAPARISHA D

Planning, finance, poverty eradication, co-ordination committee.

Construction work, irrigation, electrici ty,drinking water and rural sanitation.

Publicdistribution, welfareof weakersection,forest and fire wood, animal foods and grasscultivationcommittee.

Education, sports and cultural committee.

Agr icul ture , an imal husbandry, so ilconservation, hort iculture, dev. of watershed, pisciculture committee.

Health, social welfare, women and childwelfare committee.

Handicraft, villageindustries, Khadi & VillageIndustries, Rural Housing Committee.

HANDO UT - 18 ive members in each committee where the ZillaParishad having 20 members, 3 members in eachcommittee wherethe ZillaParishad havingless than

20 members shall constitute the standing committees ofZilla Parisad .The members of the committees shall beselected from among the members of the Zilla Parishad.The presidentof the Zilla Parishad shall be the chairmanof planning, finance, poverty eradication and co-ordina-tion committee. The vice - president will be the chairmanof the construction work, irrigation, electricity, drinkingwater and rural sanitation programme committee. Awomenmemberwillbe the presidentof the Health,SocialWelfare,Womenand ChildWelfare, Committee.The sec-retary of the ZillaParishad shallbe the secretary of all thestanding committees.

F

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STANDING COMMITTEES

5 members shall be in each committee where the Zilla Parishadconsistingof 20 or more than 20 members.3 members shall formthe committee where the members of Zilla Parishad consistingofless than 20 members. The chairman and members shall beselected among the members of the Zilla Parishad.

Each committeeshall be responsiblefor the better functionof thesubjectsunder their jurisdiction.

If required, with the approval of the Zilla Parishad minimum of 3members can be included in the committee from the lead bank,co-operative bank, commercial bank, regional rural bank, lifeinsurance, and general insurance.

85



Elected representatives and officers of the ZP

(Agriculture, Education,Health & Irrigation etc)

This is the highest stage of 3 tier PanchayatSystem. Mainly this institutionworksas co-ordinatorof 3 tier system.

All theofficersof thesub-divisionalleveland district level willbe theaccountableto the Zilla Parishad.

The members of legislature, member of Parliament and chairpersons of thePS under the jurisdictionof the districtwill attend the Zilla Parishad meeting.

District RuralDevelopment Agencyshallexecuteand managetheZillaParishad.

PUBLIC REPRE-SENTATIVES

ADMINISTRATIVEOFFICERS

DEPARTMENTALOFFICERS

President

Vice-president

Members

StandingCommittee

Chief executiveOfficer / Collector

Executive Officer / Project Director

Addl. Project Director

Dist. level officers(Law Dept. Officers) Asst. Project Director (Finance,

Scheme, Administration, MIS)

Other officials of RuralDevelopment Project

86



POWER ANDFUNCTIONS OF

ELECTEDREPRESENTATIVE

AND OFFICIALSOF ZILLAPARISAD

HANDO UT - 19

Power and functions of Zilla ParishadPresident

ThePresident isthe executiveauthority of ZillaParishad

District Level Projects shall be executed by him. Hetakes approval of the work s in the next meeting ofZilla Parishad for emergency purpose

He will prepare a list of 3 members to function asPresident in absence of himself and Vice-president.

Powerand functionsof theVice-Presidentof the Zilla Parishad

When the seat of the President is lying vacant,or thePresident remains absent for more than 15 days in thedistrict, the Vice-president will function as President tillelection of new President.

The power and functions of the membersof Zilla Parishad1. Attend the Zilla Parishad meetings

2. They can propose the admissible facts.

3. They can submit the proposals to be discussed inthe Zilla Parishad meeting to the President, beforeclear 7 days.

4. They can see the records and register of the ZillaParishad during the office hour by giving notice tothe President.

5. The copy of the proceedings of the Standing

87



The copy of

the

proceedings

of the

Standing

Committees

can be

obtain from

the

Secretary

with prior

approval of

the

President.

Committees can obtain from the Secretary with priorapproval of the President.

6. In absence of President& Vicepresident,the memberspreviously selected by the President shall function asPresident.

The rules for effective functioning of theZilla Parishad

To carryout the provisionsunder OrissaZilla ParishadAct 1991, the State Government has also notified the rulesfor proper functioningof the ZillaParishad.When required,it is being amended by Government.

1. Orissa Zilla Parishad (Administrative) Rules - 1996

2. Orissa Zilla Parishad Standing Committee Rules -2000

3. Orissa Zilla Parishad Rules - 2001

The President, Vice-President,Executive Officershallobserve the above rules to function in the day to day workofthe Zilla Parishad.

88



POWERAND

FUNCTIONSDISTRICT

LEVELOFFICERS

HANDO UT - 20 Collector and District Magistrate The Collectorcaninstruct theGPsasprovidedunderOrissa

Grama Panchayat Actandrulesfor propermanagement.

The Collectorcan inspect the Grama Panchyat.

TheCollectorcanconvenespecial meetingof theGramaPanchayat.

The Collector, if thinks withsufficientreason, cansubmitproposal to Govt. for suspension of the Sarapanch.

The Collector can orderedfor measurement and checkmeasurement of any project.

Sub-CollectorandSub-divisionalMagistrateThe Sub-Collectormay it deems it expedientso to do at anytime make all or any of the following orders and may at anytime restrict or modify the same.

a) Suspended the operation of the resolution or order.

b) Prohibit the doing or continuance by any person inpersuanceof orunderthecoverofsuchresolutionororder.

c) Direct the Gram Panchyat to take any action whichentitled to take the resolution or order passed if in theopinionof theSub-Collector isnecessary for preventingany personcontinuing the said resolution or order.

If any person shall not deliver the record or pay themoney as directed, it shall be lawfull for the Sub-Collector.

For recovering the money be recovered as an arrearof land revenue.

For recoveringany recorda searchwarrant may be lawfully exercised by a magistrate for recovery.

Before taking action the person shall be given scopeto explain.

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District Panchayat Officer and Addl. Project Director, DRDA

The District Panchayat Officer can check the Cash Book, records and registersmaintained at the Gram Panchayat level by givingnotice in writing.

The tour programme and tour diaries of District Panchayat Officer shall be approvedby the Collector.

The District Panchayat Officer shall distribute the Govt. Grant-in-aid to the GramPanchayat Samiti in the District and shall collectthe UtilisationCertificates from them.

The DistrictPanchayatOfficer can appoint the 4th grade employees of his office andhas power to take action against them on proper enquiry.

The District Panchayat Officer shall serenitinise the loan application of the GramPanchayatand collect the instalmentswith approvalof the Collector.

He can submit the monthly,quarterly, half yearly and annual reports to the Govt. (1)Report on maintenanceof PublicProperties(2)Annual Administration Report (3)Thehalf yearly report on tours and inspection and quarterly, half yearly report on differentschemesexecutedby the Gram Panchayat..

He shall serenitinise the application of Gram Panchayat relating to prize competitionand shall submit the same with approval of the Collector.

He can finalise the distribution of Accounts and liabilities of the Gram PanchayatSamitiduring re-organisation of GramPanchayat Samitiwith approval of the Collector.

He can approve the appointmentof Gram Panchayatstaff.

He can inspect all the Gram Panchayat Samiti in the District.

He can inspect the Gram Panchayat section of the Block.

He can inspect his own office by end of June 30 and December 31 every year.

Hecanassist theelection toGramPanchyatSamiti,Panchayat Samiti andZilla Parisadto the Collector.

He shall take responsibility for proper maintenance of public properties at GramPanchayat level.

He can tour minimum 20 days with 10 night halts in each month.

He has got responsibility to receive all correspondence and issue of replies to theproper quarters.

90



DISTRICTRURAL

DEVELOPMENTAGENCY(DRDA)

HANDO UT - 21 here many agenciesworking in our country for ruraldevelopment.One of them is popularlyknown asD.R.D.A. in short. The full form is District Rural

Deve lopment Agency which is registered under theprovisions of Society Registration act-1860. Every districthas DRDA. Hence there are 30 DRDAs in Odissa.

Both district level officials and public representatives likeMP, MLA,PanchayatSamitichairpersons etc.are the mem-bers of the DRDA. The president, Zilla Parishad is the ex-officio chairmen of DRDA. All administrative and financialpower is vested on the collector. The project director of theagency looks after day to day administration. It is the bed-rock for implementation& supervision of anti-poverty, wageemployment, ruralhousing programs etc.of ministry of ruraldevelopment,Government of India.

The DRDA releases funds under various anti-povertyprograms underministry of ruraldevelopment,Governmentof India and state government to various banks/executiveagencies. The importantschemes areimplemented throughDRDA in the block area i.e. IRDP, NREP, Rural HousingScheme, SGSY, SGRY& Watershed.

DUTIES AND FUNCTIONS OF DRDA

Supervision of different works at the block level andprovide the related information to the block and dis-trict level agencies.

It monitors the implementationof schemesand utiliza-tion of funds verycloselyand intimately.

All the developmental schemes of the block and an-nual action plan to be chalked out for the districtplan-ning.

For better implementation of the schemes executedat the block levelshall be supervised and if necessaryproper guidance may be given to them.

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The awareness among the peopleshall be created in the districtin connection with allthe schemes and programs implemented in the district.

Report shall be submitted to the government in the prescribedPerforma from time totime.

MANAGEMENT BOARD OF DRDA

The worksand dutiesof the DRDAare beingchanged from time to timeas per changeof act and rules.As DRDA is a registered society the management board of DRDA is required forfunctioningof differentprograms.As per order of the government issued on 3rd June1997 the management board of DRDA is constituted.

1. The president of the Zilla Parishad is the chairman of the managing board ofDRDA.

2. The project director DRDA is the member secretary of managing board ofDRDA.

3. The collector is the executive officer of DRDA & member of the managingboard of DRDA.

OTHER MEMBERS OF THE MANAGING BOARD

4. All the MPs & MLAs of the district.5. One-third of the Chairpersons of the Panchayat Samiti (The list will be pre-

paredon rotationas per the Englishalphabetical order. There shall alwaysbeone member from the scheduled, cast scheduled tribe and one among thewomen from among these one-thirdmembers)

6. Chairpersons of the StandingCommittee of the concerned Zilla Parishad.7. Chief of the Central Cooperative bank of the District.8. President of the divisional rural bank.9. Officer of the district lead bank.10. District level representative of NABARD.11. Chief Manager of District Industry Centre (DIC).12. Representative of Khadi & Village industry board.13. District Welfare Officer of Family welfare Programme.

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14. DistrictAgricultural Officer.15. District VeterinaryOfficer.16. District Fisheries officer.17. DistrictEmployment Officer.18. Project Director, IntegratedTribalDevelopmentProject (ITDP).19. District Forest Officer (DFO).20. District level Officer of Scheduled Caste & Scheduled Tribe Finance Corpo-

ration.21. Rural Water SanitationOfficer.22. Assistant Project Director (Women Development).23. One womanorganizer havingpractical experience of mobilizing the ruralpoor

(To be nominated by the president of DRDA).24. District Level Chief of Land Mortgage Bank.25. Representative of DistrictMilk ProducerAssociation (To be nominatedby the

president of DRDA).26. Two representatives from weaker section To be nominated by the president

of DRDA ( One of them should be from Scheduled tribe/ Scheduled Caste &both of them should be the beneficiaryof any scheme).

27. One member from the minoritycommunity (To be nominatedby the presidentof DRDA).

28. One representative deputed by the Ministryof Rural Employment.

Formally there will be a Project Director in DRDA. To assist him there will bethree/fourAssistantProjectDirectors experienced with differentthemes. OneAdditional Project Director will be there to look after the programs meant forwomen. FormonitoringFinancial Management& TechnicalManagementtherewill be separateAdditional Project Directors respectively.

Now days many projects/schemes are being implemented for povertyalleviation most of them are centrallysponsoredand the central grants comedirectly to the DRDA. Hence major responsibility like poverty alleviation aswell as rural development is vested with DRDA. General public, social activ-ists, etc should be aware about the functions of DRDA.

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SummaryofThe District

PlanningCommitteeAct-1998

fficient management of Village Panchayat & UrbanPanchayats accelerates the development of a district.To make this process more participatory & people

oriented, formation of a planning committee is a welcomedstep. District Planning Committee Act has been formed &implemented since1998 to facilitate the formationof planningcom mit tee s in all dis tri cts & acc ele rat e the pac e ofdevelopment.

Objective: To preparedistrict level developmental plan byconsolidating all the developmental plans of Panchati Rajinstitutions and municipal bodies of the district

Constitution: 80% members of the planning committeeshould be nominated frommunicipalbodiesand ZillaParisad.

One of the ministers from the state Cabinet will preside overthe District Planning Committee.

Collector will be the Member Secretary of the Committee.Theremainingmemberscan bepersonshavingrichexperiencein the sectors li ke planning , agricu lture,economics,irrigation,education,riral development and socialwork are to be nominated by the state government.

Invited members:Membersof LegislativeAssembly, Memberof Parliamentandother dignitaries of the concerned district may be invited tothe meetings of the committee.

OtherAspects: In absence of thePresidentmembers presentcan nominate one among them to preside over the meetingof the District Planning Committee.

The quorumof the meetingis 50% of total strength Terms of the District Planning Committee is 5

years.

EHANDO UT - 22

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ROLE OFOFFICIALS AND

REPRESENTATIVESIN

DEVELOPMENTALWORK

HANDO UT - 23 In the three- tie r Panchayat i Raj System the role ofadministrative officers are as important as the electedrepresentatives. They have to perform very important role tobe accountable to the respectivePanchayatiRaj Institutions.

COLLECTOR:A) The collector is the highest revenue officer of the

distric t. He is also respons ibl e for betteradministration of the Gram Panchayat in thedistrict. He can issue instructions for betterimp lementation of dif ferent developmenta lschemes in the district.

B) If any conflict arises in the Palli Sabha thecollector is to decide.

C) The collector has power to finalisethe discussionmade in socialaudit in PalliSabha/ Gram Sabha.

SUB-COLLECTORA) The sub-collector is to report the discussion mad

in the social audit to the collector for finalizationof matter.

DISTRICT PANCHAYAT OFFICERThe District Panchayat Officer is to assist thecollector for better administration of the gramPanchayats.

SUB-DIVISIONAL PANCHAYAT OFFICERThe Sub Divisional PanchayatOfficer is to checkand scrutinize the annual budgets and revisedbudgetsof the Gram Panchayatseveryyear.

BLOCK DEVELOPMENTAL OFFICERThe BDO is responsible to prepare the annualaction plan and budget of the Panchayat Samitiwhich shall be approved in the PanchayatSamitimeeting. He can take action for recovery of the

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amounts suggested by the auditors. He can also report irregularities observedby him to the higher authorities

JUNIOR ENGINEER Junior-engineer is responsible for preparation of plan & estimate of all works,

supervision,measurement of the works and preparation of the bills.Advance cannot be given to any executantsunless & until recommended by theJunior Engineer.

The Junior Engineer is to recommend the quantity of food grains to be given forthe specific work.

ASSISTANT-ENGINEER The assistant engineer is to give technical sanction where the estimated cost is

more than 50,000. Theannual actionplanof thePanchayatSamiti is tobescrutinizedandcertifiedthe

amountrequired fortheproject.He isto give technicalsanctionandto check-measuretheworks measuredby theJuniorEngineer. He is toscrutinize themuster roll.

GRAM PANCHAYAT EXTENSION OFFICER The GPEO shall inspectall the Gram Panchayatsunder his jurisdiction and shall

report any misutilisation & misappropriation found during the inspection to thehigherauthorities.He is to collectutilizationcertificate from the Gram Panchayatsand submit the same through BDO to the collector.

He can superviseall the developmental worksexecutedby the Gram Panchayat& report the irregularities to the government through BDO.

EXECUTIVE-ENGINEER The Executive Engineer shall supervise & check-measure the works whose

estimated cost is more than 2 lacs. He can give technical sanction of 5 lacs ofestimated cost.

ROLE OF THE ELECTED REPRESENTATIVESOF PANCHAYATI RAJ INSTITUIONS

SARPANCH1. He/Shecanconvenethe meetings ofPalliSabha,GramSabha& GramPanchayat.

He/She can prepare the annualactionplan and approve in the Grama Panchayatmeeting.

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2. He/She can give administrative approval whose estimated cost is 1 lakh.3. He/She can pay the dues of the executants after measurement & check-

measurement made.4. He /Sne can submit the utilizationcertificate to the appropriate authority.

NAIB-SARPANCH1. In absence of Sarpanch the Naib-Sarpanchwill function as Sarpanch.

WARD-MEMBER

1. He /she can preside over the meeting of the Palli-Sabha.2. He/Shecan remainpresentat the time of measurement & check-measurement

of the work.3. He/She will be the member of the StandingCommittee.

CHAIRPERSON OF THE PANCHAYAT SAMITI

1. He/She will preside in the Panchayat Samiti meeting.2. He/She can recommend the progress & standard of the works to the BDO.3. He /She can allow for payment whose estimated cost is more than 2 lacs.

VICE-CHAIRPERSON OF PANCHAYAT SAMITI

1. In absence of chair person he/she can function as chair person.

PRESIDENT OF THE ZILLA PARISHAD

1. He /She will preside over the Zilla Parishad meeting.2. He /She can approve the proposals submitted by the Panchayat Samiti.3. He /She can report the standard and progress of the development works to

different officials& government.4. He/She can scrutinize the expenditure made by the Zilla Parishad.

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Government Schemes For RuralDevelopmentProgrammes

POVERTYALLEVIATION PROGRAMMES

1. Swarnajayanti Gram Swarojagar Yojana2. National RuralEmploymentGuaranteeScheme3. GobabandhuGramina Yojana4. Backward Region Grant Fund5. IndiraAwas Yojana

HEALTH1. NationalRural Health Mission2. Odisa Health and Family Welfare3. Extended Malaria Eradication4. Leprosy Eradication5. Tuberulosis Cont rol

Programme6. Health Services.

FISHERIES1. Fishermen Develop-

ment Programme2. World Bank Assistance

on Pond Fisheries Programme3. ImprovedNationalFishRoeSupplyScheme4. Fishermen Cooperat ive Societ y

Formationand Management

RURAL DEVELOPMENT

1 Total Sanitation Campaign2 RuralWater SupplyScheme

DISTRICT INDUSTRIES CENTRE

1. Pradhanmantri RojagarYojana

HANDO UT - 24

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SOCIAL WELFARE SCHEME

SOIL CONSERVATION1. WatershedDevelopmentYojana2. Water Harvesting Project3. Oilseed, Polut ry and Roads ide

Plantation

PUBLIC DISTRIBUTION

1. Target Based Public Distribution Sys-tem (Supply of essential commoditiesat fair price toBPLlistfamilies)

2. ArnapurnaYojana

3. AntodayaArnaScheme

SCHEDULE CASTE DEVELOPMENTFINANCE CORPORATION

1. FinancingScheduledCastes Devel-opmentSchemes(EconomicDevelopment

of Schedu ledCastes , BPLfamilies throughthe provisions ofloans)

1. IntegratedChild DevelopmentScheme2. Mid-day Meal Scheme3. Sta te Old Age/Widow Pens ion

Scheme4. National Old Age Pension5. Orissa Physically ChallengedPension6. Special Arrangements for Physically

Challenged7. PhysicallyChallengedStudentScholarship8. Girl Child Development Scheme9. National FamilyAssistance Scheme10. NationalMotherWelfare Scheme

SCHEDULED CASTE ANDSCHEDULED TRIBE WELFARE1. Residential Education Provision

and Economic Hostel System2. Students' Scholarship3. Free Books Supply

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ROLE OFPANCHAYATI RAJINSTITUTUITIONSIN GOVERNMENTDEVELOPMENT

SCHEMES

HANDO UT - 25 he Panchayat i Raj Institutionhas been divided into threetiers by the force of 73rd ConstitutionAmendment, suchZilla Parishad at the District level, Panchayat Samiti at

Block level and Grama Panchayat at Village level. The mid-levelPanchayatSamitialwayskeepscoordination between ZillaPa rishad and Grampanchayat fo r management andimplementatin of different development works. So, thePanchayatSamiti holds very significantrole in Panchayati RajSystem.The ruraldevelopment worksof differentDepartmentsof the Government are implemented through the GramaPanchayat. So Grama Panchayat is the first step of the threetier PRIs.

Different development programmes such as Socia lWelfare, PovertyEradicationetc. are implementedthrough thePanchayat Samiti. Development Schemes are implementedat Block levels through the Zilla Parishad. However, someschemes such as National Rural Employment GuranteeSchemesare implementedat Grama Panchayatlevel. So, anyDevelopment Scheme to be worked in the area of a GramaPanchayat is implemented only in associationwith that GramaPanchayat.

List of projec ts, select ion of the benef iciaries areapproved by the Zilla Parishad through the Panchayat Samitionly after theseare prepared at Grampanchayat level throughPalli Sabha or Grama Sabha. Thus, all these Project, beinginitiatedat Grama Panchayatlevelareapprovedat Zilla Parishadthrough the Panchayat Samiti.

In three tier Panchayat i Raj Systems all the threeinstitutions are complimentary to each other. None of theseinstitutionscan doanywork alone.PanchayatSamitiandGramaPanchayats only implement the Projects at their levels whereas Zilla Parishad approves these Projects and allocates fundfor them.Thus, all thesethree institutionsof threetier PanchayatRaj System work together to Keep coordina tion amongthemselves. Panchayat Samiti convenes the meetings forsmooth implementat ion of different developments Projects.

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So, Panchayat Samiti acts as a convenor or co-ordinator of different meetings.The main function of Panchayat Samiti is to inspect and keep account of working of

various Panchayat level development schemes as well as development works such asSocial Welfare Schemes, Poverty Eradication Schemes etc. at Panchayat Samiti level.

The duty of the Zilla Parishad is to inspect, keep account of works implemented atPanchayat Samitiand GramaPanchayat levelsand giveopinionand new ideaon successfulimplementation of these Projects. It also works for qualitative improvements of thedevelopment plans or works. Besides that, its duty is also to take care of that whether thebenefits of the schemes are being realised by the right person or not.

The various Development Projectsare successfully implemented through PanchayatSamiti with cooperation from Grampanchayat and Zilla Parishad as the works are done atGrampanchayat level,whereas Zilla Parishad approvesand allocates fund for these works.So, the success of the Projects being implemented through the Panchayat Samiti dependsupon the cooperation of Grama Panchayat and Zilla Parishad.

Withoutcooperation from the membersof GramaPanchayat and ZillaParishad,GramaPanchayatSarpanchand Zilla ParishadPresident,the extension, regulation and managementof Primary Education can not be properly executed.

For economicdevelopment and ensuring social justice,seekingof co-operation fromZilla Parishad is an important task for Panchayat Samiti.

The role of Grama Panchayat in selection of right beneficiaries, granting loans to thedeserving person and proper use of loans by the beneficiaries with regard to povertyalleviation programme is quite indispensable, otherwise these programmes can not besuccessfully implemented.

Grama Panchayat inspects and keeping account of its works are the main duties ofthe PanchayatSamiti. It givesreportson progressof development worksof Panchayatleveland advicesfor improvingand acceleratingtheseworks.It's mainaim is to ensuresuccessfulimplementation of different development schemesat Panchayat levelwhichare delegatedby the Government through Zilla Parishad from time to time.

Panchayat Samiti chairperson and members help in keeping account of progress ofall the development works in their area through keeping co-ordination between ZillaParishad and Grampanchayat and giving their opinions and ideas for faster and qualityimplementation of the Projects.

Thus, these are the institutions in the three tier Panchayat Raj System for successfulimplementation of development plans in rural area, and keeping co-ordination among allthe members in these institutions is the main objectives of the Constitution Ammendment.

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Conveyance allowances of Zilla Parishad President,Panchayat Samiti Chairperson and Panchayat

Sarpanch for their area inspection.

ZILLA PARISHAD PRESIDENT

As per the state Panchayati Raj Department's letter dated on 27.07.1998, theconveyance allowance of Zilla Parishad President was limited to Rs.1,15,000/- per annum. The amount was meant for vehicle rent and Disel/Petrol cost.Lateron, the State Government realised t hat the amountwasnot sufficient.So,it was reconsideredand as per State Panchayati Raj Department letterNo.3780dt. 16.7.2008, a Zilla Parishad President is eligible to use 300 litres disel permonth in non-AC vehicle.

PANCHAYAT SAMITI CHAIRPERSON

As per the above cited letter of Panchayati Raj Department the PanchayatSamiti Chairperson can use 100 litre disel per month in the Block Jeep toinspect the works in his/her area along with the works under EmploymentGurantee Scheme.

SARPANCH

As per that letter Grama Panchayat Sarpanch can use Rs.300/- per month toinspect the development works in his/herarea. This expensesis adjusted fromNREGS Contingency Fund and that should not be more than the statedamount.

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GOVERNMENT DEPARTMENTS, OFFICIALS AND SCHEMES

Government District level Block level Panchayat level Village level Service ProvidedDepartments officials or officials or official or officials or or plans

officers officers officers officers

Women or DSWO CDPO Supervisor Anganwadi Immunisation,SupplementaryChild Workers Nutritious Food, Health Chec-Development kup, Advisory Services, Health(ICDS) & NutritionEducation,PreSchool

Programme,Girls'EmpowermentScheme

Health Medical Health Primary Health Care Services,Department CDMO Officer LHV Worker National Rural Health Mission,

(Male & Immunisation Programme,Female) Health check-up, Village Level

Public Medicine Distribution,PanchabyadhiTreatment(Choleraor Dysentry, Scabbies,Malaria,RTI and Leprosy(MDT) DOT (TB),AyushJanani SurakhyaYojana,FamilyWelfareProgramme for Redu-ction in Child and MaternityMortality .......

Agriculture District Agriculture Village Village Training,Department Agriculture Extension LevelAgriculture levelAgri- Direct control over distribution

Officer Officer Workers culture of seeds, pesticides, mannureworker field inspection

Fisheries District Fisheries Training , Distribution ofDepartment Fisheries Extension seedlings, Direct

Officer Officer Field Inspection and Instruction

Animal Chief Dist. Vaterinary Livestock Vaccination, VaterinaryHusbandary Veterinary Surgeon Inspector treatment, Training, Field

Officer (VS) (LI) inspection(CDVO)

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Development District BDO, PEO PEO National Rural Employmentand Social Dev. DWEO, (Gramsevak) (Gramsevak) Guarantee Scheme (NREGS)orWelfare Officer SEO, RI(Revenue RI(Revenue (OREGS), Swarna JayantiDepartment (DDO), GPEO, Inspector) Inspector) Gramya Swarojagar Yojana

Project Supply School School (GSY), Public DistributionDirector, Inspector, Teacher Teacher System(PDS),Antodaya SchemeDistrict PATPO, ArnapurnaYojana, GR CardRuralDev. School Yojana, Old Age Pension,Organisation Inspector Widow Allowance, National(PDDRDA), Family Welfare Scheme,District Facilities for PhysicallyGrampanchayat Challengedperson, Lease landOfficer(DGPO) for landless(0.40 ac and in caseDistrict of greencard holder 0.80 acRevenue land for construction ofOfficer(DRO), house), IndiraAwas Yojana,District Pradhanmantri Sadak Yojana,Industries Pradhanmantri RojagarYojana,Officer(DIO), DistrictTraining ServiceDI (School)

Rural Executive JE Panchayat SEM Water Supply and SanitationWater Engineer (RWSS) Sanitation (Tubewel rebate,Preparation forSupply and (RWSS), Committee Repairing District Sanitation System,Sanitation District Mechanic) Constructionof New(RWSS) Coordinator Tubewel and Repairingof

(DWSM) the olds

Panchayatiraj Zilla PanchayatGrampanchayat Ward Three tier PanchayatrajDepartment Parishad Samiti System, udertakes the

responsibilityof managing29 types of works as mentionedin the Schedule 11 of theConstitution.

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DEVOLUTIONOFPOWER TO

PANCHAYATI RAJINSTITUTIONS Agriculture

Cooperative

School& Mass Education

Food Supplyand ConsumerWelfare

Scheduled Caste andScheduledTribeDevelopment

Healthand FamilyWelfare

Women& ChildDepartment

Fisheries andAnimal Husbandary

RuralDevelopment

Panchayatiraj

Water Resources

As per this order the District-level / Panchayat Samiti /Panchayat Level the workers of these 11 departments areto be accountable to thei r respecti ve Zillaparishad /

HANDO UT - 26 n 73rd Constitutional Amendment Act , the PanchyatiRajInstitutions are given ample responsibilities and power towork as autonomous institutions. As per this amendment,

theState LegislativeAssembly has to enactan Act as per Section243 (4) of the Constitution to handover sufficient power toPanchayati Raj Institutions as a result of which these institutionswould be able to work as an independent institution.

The main aim of this Act is that the local people will takethe responsibility of their own area, elect their own representativeand throughthe electedrepresentatives developplans accordingto their needs and implement the works in their area. Also, theycan take decision regarding the implementation of developmentworks in their region. In a better way it can be said that peopleare to govern themselves.

In thisContext Orissa Government has transferredpower of21 subjects in 17 departmentsout of 29 areas as mentioned in inthe 11th schedule of the Constitutiont. It hasbeendecided that theconcerned officers and field staff have to be brought under thePanchayatiRaj Institutions in order to implement these subjects.Theseare,

I

105



Panchayat Samiti / Grama Panchayat and have to attend the meeting of that levels.

They have to obtain the approvalof annual reports,different plans and programmesattheir respective ZillaParisad, Panchayat, Samitiand GramaPanchayat levelmeetings.

In case of any deviation of duty noticed by Zilla Parishad President, Panchayat SamitiChairperson or PanchayatSarapanch during theirinspection of thedevelopment worksin their respective areas, are to be brought to the notice of higher officer of theseofficials.

Zilla Parisad Pres iden t, Panchaya t Sami ti Chai rperson and Sarapanch areempowed to sanct ion the casual leave of the official of these 11 departments intheir respective levels.

The Orissa Government's Panchayati Raj Department letter no. 28dated 30.07.2003 regarding the devolution of power to Panchayati RajInstitutions is given in Important Govt. circulars’ Section of this book.

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DEVOLUTION OF POWER OF 21 SUBJECTS OF 11 DEPARTMENTSOF STATE GOVERNMENT TO PANCHAYATI RAJ INSTITUTIONS

Department Subject Posts PanchayatirajInstitution

Agricultrue Kharif & Rabi Crops Soil District Agriculture Officer Zillaparishad

Conservation Horticulture District Soil Conservation Officer

Watershed District Horiticulture Officer

Junior Agriculture Officer

Panchayat Samiti

Rural Agriculture Worker(Grampanchyat Executive Officer) Grama Panchayat

Co-operatives Agriculture Loan Dy. Registrar Zillaparishad

Asst. Registrar

Cooperative Inspector Panchayat Samiti

School and Primary Education Circle Inspector/District Inspector Zillaparishad

Mass Education Non-formal Education and Sub Inspector of Schools Panchayat Samiti

Adult Education Primary Teachers Grama Panchayat

Food Supply & Public Distribution Civil Supply Officer Zilla Parishad

Consumer Civil Supply Inspector Panchayat Samiti

Welfare

Schedule Caste Primay Education District Welfare Officer Zillaparishad

& Schedule (Schedule tribe and Welfare Extension officer Panchayat Samiti

Tribe Welfare Schedule Caste Welfare) Sevashram Teacher Grama Panchayat

Health & Family Health Chief District Medical Officer Zilla Parishad

Welfare Family Welfare Scheme Medical Officer Panchayat Samiti

VHW/ANM Grama Panchayat

Women & Child Social Security Schemes District Social Deparment Officer Zilla Parishad

Development CDPO/ICDS/SEO Panchayat Samiti

Anganwadi Workers Grama Panchayat

107



Fisheries & Animal Husbandary District Fisheries Officer Zilla parishad

Animal Fisheries Dy. Director, Fisheries

Husbandary District Veterinay Officer

Asst. Veterinary Officer Panchayat Samiti

Fisheries Extention Officer

Livestock Inspector Grama Panchayat

Rural Drinking Water & Executive Engineer Zilla parishad

Development Sanitation Asst. Engineer (RWSS)

Panchayati Raj Poverty alleviation Block Development Officer Panchayat Samiti

Road, Bridge, Ferry Addl. Block Development Officer

Primary Forest Products Asst. Engineer

Rural Housing Assistant

Rural Market Junior Engineer

Non-Conventional Village Level Worker Grama Panchayat

Energy

Community Wealth

Conservation

Primary Education Plan

Water Minor Irrigation Executive Engineer Zilla P arishad

Resources (Minor Irrigation)

Asst. Engineer (M.I)

Junior Engineer (M.I) Panchayat Samiti

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PANCHAYATRAJ SYSTEM

IN SCHEDULEDAREA.

HANDO UT - 27 he 73rd ConstitutionalAmendment was enforced acrossthe country onApril 24, 1993. It was clearly mentioned inthe amendment that the Central Government had give a

guidemap to State Governmentson extension of newPanchayatInstitutionsto the scheduledareas as per the rules mentioned insection 243 (E) of the amendment. As a result, the Central Act40, which was enacted by the Central Government in 1996 isnamed as Panchayat Extension in ScheduledAreas (PESA)Act.

The PESA Act was in force from December 24, 1996 bythe Central Governmnt.

Before the one year of PESA Act enforcement , on De-cember 22, 1997, the Orissa Gram Panchayat Act 1964, OrissaPanchayat Samiti Act 1959, and Orissa Zilla Parisad Act 1991were amended.

As a result of these amendments, the following changeshave been made in the functionsof Grampanchayat, PanchayatSamiti and Zilla Parishad in Odisa.

GRAMA PANCHAYAT:

The Scheduled Area in which a group of People orinhabitantshave generally formed a definite society as pertheir own traditionsand have been living together on samesocial framework according to their own life style is calleda village

The plan s, prog ramm ers and pro ject s des igned byGrampanchayat for Social and Economic Developmentmust have to be approved by the Grama Sabha beforebeing implemented

Every Grama Sabha is to be empowered to work on ownsocial tradition, culture, public wealth and conflict solutionas per the traditional rules and customs keeping balancewith Human Rights and Fundamental Principles with

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109



appropriate enforcement of law or through creating an atmosphere of peace.

It has thepowerto enactlaw to ban thesalesand consumptionof anykindof intoxicants,or use of that in a controlledmanner.

OwnershipRight on Minor Forest Products.

Protection to land properties of Scheduled Tribes of Scheduled area. If any person ofthe village has occupied the land of Scheduled Tribes in fraudulent manner ,thenGramsabha must have to take appropriate steps to recover it from unauthorisedoccupants.

Grama Sabha has the power to control over the loan given to Scheduled Tribes by theoutsidemoneylenders.

PANCHAYAT SAMITI:

Exercisecontrol and supervision over institutions and functionaries of variousectors inrelation to programmes and measures of Government,preparethe localplans includingtribal sub-plans for the areas and to exercisecontrol over the resourcesfor such plans.

ZILLA PARISHAD:

No acuisition of land for development of projects and for settling or rehabilitation ofpersons affected by such projects without prior consultationof the Parishad

Recomendation of Zilla parishad is requird prior to issue of prospecting license ormining lease for minor minerals.

Zilla Parishad prepares plan for management of minor water bodies

N.B: OrissaGrama Panchayat(Primary ForesstProductManagement)Act 2002 is placedin the Important GovernmentOrders of PanchayatiRaj DepartmentSection of this book.

110



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112



DEVELOPINGLEADERSHIP

There is necessity of giving importance to the following FiveProcedures for the leadership success:

1. Setting Goal2. Planning3. To communicate the members4. Monitoringand support5. Evaluation

1. SETTING GOALWhile determining his/ her goal, the leader must has to giveattention to followingsubjects Similarity between group’s goal and Institution’s goal Aware of the scope of your own strength Ident ificat ion of problems encountered at the time of

implementationof work Identification of means and resource available to group as

well as to self for work implementation Follow the procedure of prioritization Aware of being informed earlier regarding the possible

conflicts in the process of goal realization

2. PLANNINGThe process of plan ning to meet the obejectives is mainlycompleted in two stagesa. Gathering information, ideas and suggestions:

Thisstageinvolvescollectingrelevantdataaboutresources,methodsand timeframeetc; it is also a leadership approachto facilitateinvolvementof others throughenlistingtheir ideasand suggestionsthrough a consultativeprocess.

b. Taking decisions:After gathering a wide rangeof information the next stage isto take the required decisions. This step of the planningprocess mustclearly layout theactivitiesand theirsequence,the allocation of resources and manpower, the time frameand the qualitystandardetc.

HANDOUT - 29

113



3.TO COMMUNICATETHEMEMBERSThe greatness of the group leader is achieveing through the technique of keeping constantrelationship with the members of the group. So, it is quite important to bring them togetherand discuss regularly with them . Following things must be given attention at the time ofdiscussion.

Clear understanding on dcision taken Addressing the problems of the members Giving right type of advice at right time to the members Supply of necessary resource at the right time Clear understandingamong the members for team betterment

4. MONITORING AND SUPPORT:For effective leadership the leader must regularlymonitor and support to the teammembers. In achievingresults throughpeople, the leader must create the environmentforindividuals to work willinglyand efficiently at what needs to be done

5.EVALUATIONThe group leader has to fix time to evaluate each group work. At time of the evaluation, he/she should have to give attention to the followings: Whether the goal has been fulfilledor not? If, yes, then whether the credit goes to some one in the team or as a whole? If, no, then what changes are to be made in working plan of the goal? What changes can be done in the context of delegation of responsibility? Whether the members of group are performing their works or not? And, if any person

has not performed duty properly, what step to be taken against him? etc...etc...

LAST WARDMain functions of the Group Leader Goal achievementthroughwork implementation (work) Buildinga successful team (Group) Devlopment of individual capacity of the members in the group.

114



STEPS TO GROUP WORK SKILL ENHANC EMENT

What steps one can take to enchance the work skill of own team?

1. Set the exampleof yourown highstandard performance and make sureofmaintaining that standard by the members of the group

2. Give wholeheartedattentionto every aspectsbefore takingany decision

3. Keep in mind that members of your own team have sufficient knowledge,skill and experience and use these properly.

4. Remain aware of individual difficulties and give attention to them.

5. If possible;

Distribute workequallyamong the membersor as per theircapabilities

Delegate the responsibilityof doingthe work whichare not necessarilyto be done by you.

Inolve themembersin solving the problems.

6. Encourage the understanding and respecting each other among the groupmembers.

7. Praise the excellenceachieved though one’s own efforts.

8. On the other hand, take disciplinaryaction when ever necessary.

9. Encouragecontinuously for skill enhancement of the team.

10. Don't forget that you are representating of your own team while dealingwith others. Show the sense of responsibility.

115



SOMEMETHODS

OFCONFLICT

MANAGEMENT

HANDOUT - 30 DIRECT APPROACHES

Defends own position

Wants to win over the oppnents

Seeks immediate resolution of the conflict

Takes charge in conflict situations

Makes quick decisions about what needs to be done

Argues own position focefully

Quick to assume authority for dissolving differences

Strengths of this Method

Useful when quick decisions to be taken up

Helps team to tackle unpopular or controversial issues

Important when ethical issues are at stake

Weaknesses of the Method

Little or no information is generated

If overused, damages relationship

Can force premature resolution before all options areexplained adequately

116



AVOIDANCE APPROACH

Wants to avoid creation of unpleasant situations

Lets others to take responsibility for resolving conflicts

Encouragesothers to delay direct confrontation

Accept the situation suppressing own feelings and needs Denies that there is problem to be solved

Looks for ways to avoid taking a stand that might lead to dis-Agreement


Most appropriate when issues are trivial and unimportant

Delays action when emotions are too strong Accepts the situation when you do not have the power to change it


Issues remain alive and do not get resolved

Does not help the team to tackle important issues May withhold input or information the team needs

COLLABORATIVE APPROACH

Seeks to identify underlying issues and concerns

Offers creativeand innovative alternatives

Works for win-winsituation

Views conflict as an opportunity f or growth

May push for win-win solutions even when practical and not feasible

Encourages Others to work together

117




Gains true commitments to solutions and agreements

Merges adversity of views to get the best decision

Helps team to address the deeper issues


Can create paralysis and frustration trying t o build a consensus solution

Team must have time to work on the issue

Learning and insight can become more important than resolving the conflict.

ACCOMMODATIVE APPROACH

Ready to listen to and understand others’ point of view Wants to help others get what they want

Neglectsown concerns in favour of others Works towardsmaintaining a harmonious work environment


It is important to maintain good relationship The other person’s ideas or concerns are more important than one’s own Demonstrates the importance of listeningto othersand valuing their points ofview


Can appear weak and not committed to own point of view Desire for harmony outweighs getting the best decision

Can be too quick to give up and agree

118



The list of provisions under section, sub-section of the OG Act 1964and Rules, Sub-Rules of the OGP Rules 1968, are given below :

Orissa Grama Panchayat Act 1964

Appendix - 1

Sl.No. Subjects Section Sub-section

1 Grama Sabha & its function 05 01-05

2 Palli sabha and its function 06 01-07

3 Constitution of the Grama Panchayat 10

4 Qualification for membership of the GP 11

5 General Election to the members of the GP 12

6 Disqualification for filling nomination 13

7 Election to the Naib-Sarpanch 14

8 To fill up the casualvacancy 16

9 The term of the members of the GP 17 01-04

10 The power, responsibilityand duties of the Sarpanch 19 01-02

11. The powers and duties of the Naib-Sarpanch 21 01-04

12 The powers of the Wardmembers 22

13 Resignation of Naib-Sarpanchor Wardmembers 23 01

14. Resignationof the Sarpanch 23 02

15. Voteof no-confidence motion against

Sarpanch & Naib-Sarpanch 14 01-04

16. Disqualification to continue as member 25 01-02

17. The procedure for giving effective to disqualification 26 01-03

119



18. The powers, functions and duties of the GP

(A) Obligatory functions 44

(B) Discretionary functions 45

(C) Delegation of duties to the GP by the localauthorities, the Centralor StateGovernment 46

1. Public street and water ways 49

2. Powers in respect of private water supply 50

3. Improvement of sanitation 52

4. Industriesand factories includingdangerousand offensivetrade 55

5. Control over place of public resort and entertainment 56

6. Powers to levy fees for license under section 55 & 56 57

7. Market 58 01-05

19. Public properties and registration of agreement

(a) Vesting of public properties in the GP 71 01-04

(b) Apportionment of income of ferries and markets 72 01-02

(c) Powers to transfermanagementof propertyto Samiti Parishad 75

(d) Disposal of property 76

(e) Impositionand assessmentof PanchayatTax 80

(g) Powers of the Collector to delegate the GP to impose tax 91

20. Finance

(a) Gramfund 93 01-02

(b) Vesting custodyand investmentof Gram fund 94 01-03

(c) Priorityof payments out of Gram fund 96

(d) Budget estimate of the GP 98(e) Audit andAccounts 100

120



Orissa Grama Panchayat Rules - 1968

Sl. No. Subject Rules

01 Grama Sabha meeting Rule 3 to 19

02 Palli sabha meeting Rule 20 to 26

03 Travelling allowanceand dailyallowance Rule 27 to 29

04 Regulation of movement of cattle against the protection of crop Rule 30

05 The works which Grama Panchayatsare required to execute Rule 31 to 41

06 Procedure for grant or advances and measurement Rule 42 to 51

07 Powers in respect of private water supply Rule 62 to 63

08 Rules for place of public resort for entertainment Rule 64 to 67

09 Public property and contracts Rule 68 to 72

10. Registration of birth, death, marriage and epidemic disease Rule 73 to 79

11 Apportionment of income from Ferries and market Rule 81 to 85

12 Transfer of property Rule 86 to 96

13 Custodyof Grama fund Rule 101 to 103

14 Loan Rules Rule 104 to 116

15 Accounting procedure andAudit rules Rule 117 to 118

16 FinanceRules Rule 119 to 128

17 Use of receipts /expenditure for Grama fund Rule 129 to 139

18 Grantsand loans Rule 140 to 142

121



19 Expenditure from Grama fund Rule143 to 149

20 Pay and allowances Rule150 to 152

21 Cash book and monthlyaccounts Rule153 to 158

22 Annualaccounts Rule159 to 160

23 Stock & stores Rule161 to 166

24 Loss of property Rule167 to 170

25 Audit of GP accounts Rule171 to 179

26 Surcharge procedings Rule181 to 185

27 Appeal Rule186 to 195

28 Collection of taxes, fees, tolls and rents etc Rule 197

29 Powers of inspection and supervision Rule208 to 210

30 Appointment of staff of the GP Rule212 to 223

31 Grama Panchayatmeeting Rule224 to 226

32 Notice for GP meeting Rule227 to 229

33 Quorum and adjournment proceedingsof GP meeting Rule230 to 248

34 Formation of committees Rule249 to 270

35 Annual administrative report on working of GP Rule282 to 286

122



123



INSIDE THIS BOOK

Sl. Subject PageNo.

1. Measures to ensure transparency 124

2. Regarding Grama Sabha Meeting 126

3. Guidelines for maintainingTransparancy in the works of

Grama Panchayats 128

4. Fast disposal of People’s Grievances and Complaints in Blocks

as well as decent dealings with Elected representatives and public 131

5. Ammendment in GrampanchayatAct regardingthe role and

responsibilityof Grama Panchayat and Grama Sabha. 133

6. SocialAudit of Rural Development Works. 135

7. Posting of Executive Officer of theGamapanchayatsand theirjob chart. 138

8. Devolut ion of powers to Panchayati Raj Institution (PRIs). 140

9. Minor Forest Product Managment 150

10 Principle of distribution of Kendu Leaf Grant and its utilisation. 158

124



GOVERNMENT OF ORISSA

PANCHAYATI RAJ DEPARTMENT

No.lll-RE(l)-62/97 6672/PR., Date: 28.7.97

From:D.G.Gupta, I.A.S.

PrincipalSecretaryto Govt.,

PanchayatiRaj Department.

To

AllProject Directors,DRDA.

Sub : Measures to ensure transparency

Sir,

Please refer to GovernmentCircularNo. 3942 dated 8.5.1995and No. 5929 dated 17.3.1994 regarding measures to ensuretransparency.

You are instructed to ensure that the concerned lineepartmentsor the executants to put up a permanent signboard in Oriyawithin onedayof issueof theworkorder indicatingthe following:

(a) Name of the Scheme & Year.

(b) Estimatedcost.

SUBJECT:MEASURESTO

ENSURETRANSPARENCY

125



(c) Physical description of the work and

(d) Nameof theimplementingagency.

2. Similarly,you are instructed to ensure that whenever any personwants to knowthe shelfof projects/in any Grama Panchyat or Block or for the whole district, even pertaining toline Departments he/she can be provided the necessary information.

3. You are requested to issue instructions to display the copy of the AnnualAction Plan atthe Gram Panchayat Officepertaining to not onlyGram Panchayat (JRY)but also for allthe Poverty Alleviation Programmes beingtaken up by the Grama Panchayat area inany particular year.

4. You are further instructed to ensure that the list of all wage employment works taken upin a village in last 3 years is displayedprominently in Oriya on any Public buildingof thevillage for greater transparencyat thevillagelevel.

5. In all individual benefitorientedprogrammes, you are instructed to ensurethat invariablyGram Sabha decides the beneficiaries.

6. You are requested to conduct field visits for test check and ensure that the JRY villagecommittees are framed in an open meeting of the Gram Sabha with due notice as perthe instructions.

Please report compliance.

Yoursfaithfully. Principal Secretary

126



Government of OrissaPanchayati Raj (G.P.) Department

No.-12694 (30)/G.P Bhubnaeswar, Dted-8.8.1997,L.S.I. 75/97

FromSri Premanand Ray, I.A.SDirector, Grampanchayat,Odisa

ToAll District CollectorsSub: Regarding Gram Sabha Meeting

Sir,Afterthe executionof 1992Act of the 73rd constipationAmendment,the three-tier Institutions have been giventhe constitutional status.The basic objective of this constitutional Amendment is to makethepanchayatiraj InstitutionsespeciallynecessaryAdministrativeandFinancialPowerto them.Odisa isoneof thestatus which havegivenconstitutionalstatusto Gram Sabhaand PalliSabhaalongwith thespecificpower for development Programmesbefore the executionof 73rd Constitutional Amendment, But, it is observed that theprovisions under Section 5 & 6 of the Act of the Odisa GramPanchayat are not being Properly executed. Sarpanchs are notinformingto thepublic beforeconvening theGramSabha Meetings.As a result,the GramSabhasremainlimited to only records.Again,where theGramSabha arebeingheld, thereis veryless attendanceof the members. In this context, the Government desires that theconcerned governmentofficialsas well asNon-GovernmentOfficialssuch as District Panchayat Officer, Panchayat Officer, BlockDevelopmentOfficer, GramPanchayt Extension Officer, Sarapanch,Naib Sarapanch andWardMembers shouldbecarefulthat theGramSabhashave actively to approve theGramPanchayatAnnvalPlansand audit the expenditure. To achieve the objectives, the order isissuedto followthe guidelines strictly givenbelow:1)Thoughthere isprovisionof atleastTwoGramaSabha meetingsinayear under Odisa Gram PanchayatAct 1964, Section 5 (I), the GramPanchayatShouldConvenemorenumberofmeetingsincaseofnecessity.In Orderto increase the attendancefollowingstepsshould be taken

SUB JEC T:Regarding

Grama SabhaMeeting

127



(a) As per the provisions of Odisa Gram PanchayatAct 6(I) the notice should be given15days before the holding the meeting.

(b) Public are to be informed regarding the Gram Sabha meeting through drum beatingin the weekly market in the Grampanchayat Area and each ward of it and issuingnotice to the world members. Besides that, acknowledgements should be taken fromthe Authorities of High School, M.E. School, Primary School, Hospital, WomenOrganisation, Youth Club, Aganwadi Centre, DWCRA Centre, Bhagabat Jungi etclocated in the Grampanchayat that notice has been served.

3. A list of 25 important persons is to be prepared in each word in consultations with therespective ward members and to be kept in Gram Panchayat office. If atleast 50% of thesepersonsdo not get the notice, the Gramsabhameetingcannot be held on the stipulateddateas fixed earlier. So, both Gram Panchyat Sarapanch and Secretary are to be careful in thisregard. It is to mention clearly that this ismeantforwidespreadannouncement and informationregarding the Gram Sabha date. If these important persons do not turn up to meeting afterbeing served with the notice then the meeting is to be held on the scheduled time.4. Concerned Grampanchyat Extension officer or any officer or Gram Sevak dulyauthorised by the B.D.O has to attend the Gram Sabha meeting and sign the Report book.But, they cannot participate in the discussion of the Gram Sabha. If any Gram PanchayatExtension officer or the authorised officer or Gram Sevak does not attend the Gramsabhameeting, the disciplinary action is to be taken against them. The concerned B.D.O cannotengagethe Gram Panchayat Extension officeror Gram Sevak in any otherworkon the GramSabha meeting date. So that, the Gram Panchayat extension officer or Gram Sevak cannotremain absent in the meeting on that place.

The Gram Sabha meeting report is to be prepared in Odia by the Gram PanchyatSecretary and the Sarapanch, B.D.O’sauthorised officer/Gram Sevak,Panchayat Secretaryand Ward Member must have to sign it. The concerned DistrictPanchyat officer through theDistrict Collector can recommed the disciplinary action to the Government against theSarapanch who does not care to abide by these guidelines.

So you are requested to acknowledge the receipt of this order and give necessaryorderto concernedofficer that thesemost be strictly implemented.Again,the Districtcollectorshave to inspectin everyMarch and July that whetherGram Sabhasare actually functioning ornot and give the report to this Department.Yours Sincerely

Sd/-Director,Panchayatiraj (G.P)

This circular has been re translated from the available Oriya circular.

128



Government of Orissa

Panchayati Raj (G.P.) Department

Letter No.-12692 (30)/G.P Bhubnaeswar, Dted-8.8.1997

L.S.I. 75/97

From

Sri Premanand Ray, I.A.S

Director, Grampanchayat,Orissa

To

All District Collectors

Sub:GuidelinesformaintainingTransparancy in theworks of GramPanchayats

Sir,

There is necessity of taking appropriate steps to make the GramPanchayats how to imp lement developme nt programmesuccessfully as well as transparently in association with activeparticipation of people..

The state Government has taken following decissions in order tomake the Gram Panchyats work procedure transparant andsensitive to the people’s hope and desire.

1. Giving Information.a) The list the Development programmes as wellas projectsbeingexecuted by the GramPanchayatofficefor publicinformation.Thislist is to be displayedon Gram Panchayatoffice noticeBoard.Thedetails of workor project, the nameof the individualor organisationexecuting that, the estimated lost and revised cost (if any) are tobe mentioned in that list.

b)A copy of that list is to be displayed in the public places such asAnganwadi centres etc. in the Gram Panchayt in the GramPanchayatarea.

SUB JEC T:Guidelines for

maintainingTransparancy in

the works ofGrampanchayats

129



c) A listof wealthcreatedin theGramPanchayatduetoexecution of differentdevelopmentprogrammes is be prepared by the Gram Panchayat Sarapanch and the Secretary and acopy of that to be sent to the block or DRDA office by them.2. Inspection

All the votersof the Gram Panchayatare the Gram Sabha members. So, they shouldbe givenopportunityto see Gram PanchayatRecordsand allowedto take copy of these.Forthat purpose, following decisions are taker;

a) The Gram Panchayat People are to be given the scope to see the Gram PanchayatCash Book and case records of different development programmes. For that, a dateand time in every month is to be fixed.

b) The Sarapanch and Secretary must remain at the time of People’s inspection of therecords.

c) The concerned Sarpanch and Secretary are fully responsible for keeping GramPanchayat Records secured and maintained. If any record is lost or destroyed, theywouldbe held responsible and disciplinaryactionsas per the rulewillbe takenagainstthem

d) For inspectorof eachrecord theconcerned individualto givean application anddepositRs.2/- in Gram Panchayat office. This money collected is to be deposited in villageFund.

e) The person willing to see the record is to apply to Gram Panchayat Secretary. In thatapplication, the name and addressof the applicant, the recordswhich he/shewants tosee and the purpose of seeing the records are to be mentioned. The secretary is tomaintainall these information in a permanentRegisterand inform the applicantaboutthe date and time of Visiting the recordsat the time of applicationsubmission. If thereis no clear-cutmention of records name or applicant is not a member of Gram Sabhaor the fee is not deposited, then the application is to be cancelled and the reason forcancellation is to be mentioned in the register.

3. Supply of Record copy

a) There most be system of providing the copy of following Gram PanchayatRecords to the Gram Sabha members. Here is a list records kept in Gram Panchyat officegiven below that the Gram Sabha members may apply for obtaining a copy of these.

i) Grama Sabha Report

ii) Grama PanchayatMeetingReport

iii) Birth and Death Register.

130



iv) Records of the developmentworks done by the Gram Panchayat.v) List of beneficiariesof differentdevelopment programmes of Gram panchayat.

vi) Gram Panchayat Income-Expenditure Statement.

vii) Registercontaining the Gram Panchayatwealth list.

viii) Panchayatwealth patta register.

ix) Papers regarding the kendu leaf Aids.

For this they need to apply to the Panchayat Secretary. The record which is to becopied is to be clearly mentioned in the application. Gram Panchayat Secretary is to recordthe date giving that information as well as copy in Permanent Register.

b) GramPanchayat Secretaryhas to collect Rs.2/-per copyfromeachapplicants.This money should be deposited along with the application.Half of the moneycollected is to be given as remuneration to Panchayat Secretary and rest halfis to be depositedin villagefund. Each copy is to be attestedby the Sarapanchand the secretarywith Gram Panchayatseal. The copy should be given within15days of the application. If the fee is returned due to any reason or theapplication is rejected, these must be mentioned in the register clearly.

c) It is also mentioned that, the Gram Panchayat Records are not to be handedover to the applicants and the Sarapanch and the Secretary are to remainresponsible for securities of these records. Without the written order of theSarapanch, thesecretary cannotgivecopyof anyrecord.The information on thecopy of the records supplied and the application rejected are to be placed innextsession ofGramPanchayatby theSarpanch for theknowledgeof members.

4. General

Theremust be widespread announcement of all the guidelines mentionedin this letterin all Gram Panchayats. It is also requested to acknowledge the receipt of this letter.

Yourssincerely

Sd/-PremanandaRay

Grampanchayat Director


131



Government of OrissaPanchayati Raj (G.P.) Department

No-3258/ (G.P.) Date 2/4/98

From

ChinmayaBasu, I.A.S.

Commissioner-Cum-Secretary

To,

All Block Development Officers

Sub: Fast disposal of People’s Grievances and Complaints inBlocks as well as decent dealings with elected representativesand public

Sir,

I am directed to drawyour attention towards thisdepartment’sletterNo. 10802/P.R. dated21.09.97and No. 3516/P.R. dated 03.04.95that PanchayatSamitiesare workingat mid-levelin PanchayatirajInsti tu tio ns. Various Pover ty al lev iat ion & Developm entProgrammes of the Governemnt are being implemented throughthe Panchayat Samiti. So, the Panchyat Samities are the centrefor rural development and economic development of poor Public,So,peoplecome to Panchayat samitito getassistance for removalof Local Rural Problems and Personal Poverty.The main duty ofthe Panchayat Samiti Official and workers is to deal with themdevoutly and dispose their work smoothly as soon as possible.

SUB JEC T:Fast disposalof People’sGrievances

andComplaintsinBlocks as well

as decentdealingswith

Electedrepresentatives

andpublic

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2. You have been informed by the elaborateguidelinesregardinghow to dispose of people’scomplaints smoothly and quickly in this department’s Letter No. 1082/P.R. dated 21.02.97.You are also informed though this department’s letter no. 3516/P.R. dated 3.4.95 how toshow decent behavior to public. But, in spite of these, the guidelines are not being properlyadhered to.

3.Again, to discuss on local people’s problem, the elected representativesof PanchayatirajInstitutions suchas Sarapanch, Naib Sarapanch, Word member, Panchayat Samitimember,Zilla Parisad’s elected members come to Panchayat Samiti Office. The Samiti officials aswell as workers should show due respect to them as they are elected representativesof thepeople and solve their problems after listening them patiently. Where an officer in unable toexecute the request or proposal of an elected representatives, in that case, the concernedofficershould inform him/her helplessness.If he/she wants anywrittenanswer, thenthat shouldbe given to him.

4. So, once again I urged upon you that immediate steps should be taken for quick disposalof the people’s grievances and complaints in humble manner. For wider circulation of thismatter, this circular should be placed in next Panchayat Samiti meeting for all members’information.

Acknowledge the receipt of this letter and intimate to this department the step taken in thisregard.

Yours Sincerely

Sd/-

ChinmayaBasu

Commissioner-Cum-Secretary


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SUBJECT :Ammendment

in GramaPanchayat

Actregarding

the role andresponsibility

of GramaPanchayatand Grama

Sabha.

Government of OrissaPanchayati Raj(G.P) DepartmentNo 1084/ P.R. Dated 21.01.1999

FromSapneswar BayaDirector, Panchayatiraj(G.P.)

ToAll District CollectorsSub: Ammendment in GrampanchayatAct regarding the role andresponsibility of Grampanchayatand Gramsabha.

Sir,The 73rd Constitutional Amendment has given Countries

constitution al to three tiered panchayatraj system as well asmaximum power to Gramsabha. In the meantime as per the Rule243 of the constitution, the central Act such as(Scheduled Areaextension )Act 1996 has been Promulgated. Like the centralAct,therehas beenAmendment of the prevalent odisaGrampanchayatAct 1964 in which wore power is vested to Gramsabha. Thisammendmed Act has been in force in the state from 22.12.1997.

Ammend ing the Grama Panchayat Act sec tion 5(3 ), theGrampanchayats have been confirmed the followingpowers.

1. the social & economic developmentplans, Programmesaswell as projects must be approved by the Gramsabha priorto being implemented by the Grampanchayats .

2. The benefi ciaries of poverty alleviation and similarprogrammers are to be identified the Grama Sabha. Theplans , programmers ,and project finance from Gram fundmusthave toobtain certificate in thisregard fromGramsabhabefore being displayed in the panchayat office.

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3. Grama Panchayat Budget, Revised Budget and Supplementary Budgets must beapproved by the Gramsabha.

4. All taxes, rent, fees, cess are to be decided and the rates are to be liked by thegramsabha.

5. Community Services organization and Agriculture Production Planning are to beprepared and implemented by the Gramsabha.

6. To judge the matterswhich are sent to Grampanchayats for judgement.7. To decide on matters relating to Government decisions or necessary information or

data required from the Grampanchayat.8. According to this system ,all the outstanding utilization certificates are to be placed

before the concerned officers on basis of the Gramsabha approval. So, there is noneed of panchayat Samiti chairman’s signature on utilizationcertificate.

9. Again, Grama Sabha is empower to approved GrampanchayatAnnual expenditurethrough the amendment of section 98 of this act and section 99 is deleted so, there isno need of sending GrampanchayatBudget to Panchayat Samiti for approval.

10.Thepowers mention aboveare wideand exclusivethis act is meantfor the ruralpeopleto decided their own development plan as well as carry out these plans their ownelective representatives. As a result, people decide how to use the developmentfunds of the Grampanchayatproperly.

11.Gramsabha is also vested with the power of apposing the budget. This is a veryimportant fwetion of the Gramsabha. As a result, the village people can decide theruleson GrampanchayatIncomeandexpenditure andimportantProjectsare to carriedone on Priority be putting them in budgets first.

12.From all the above mentioned reasons, Grama Sabha meeting shaved be held intime and steps are to be taken as per the guide lives given in this departments letterno. 12694 dated 8.8.1997 that how to increase the number of attendance in theGramsabhameeting.

13.All the abovementined guidelines are to be informed to all Grama Panchayats. TheGovernment oders through this letter that the extensive powers vested to theGramsabha in the ammendent Act must be adhered to strictly.You are reulated toissue order to District, Sub Divison , and Block level Concerned officer to carry outthis order Yours

Sd /-Sapneswar BayaDirector,GrampanchyatOrissa


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Government of OrissaPanchayati Raj (GP) Department

No. LS-(I) 61/2002 15181 (30) /GP, Dt. 5.9.2002

FromShri D.P. Bagchi,ChiefSecretary, Orissa ToAll Collectors

Sub: Social Audit of Rural Development Works.

Sir/Madam,Direction has been given by the Supreme Court of India

for socialaudit intoall employment generation schemesvide theirorder in writ petition No. Civil 196/2001, Peoples’ Union for CivilLibertiesVrs.Union of India and others.The order empowers theGrama Sabhas to conduct social audit of all food/employmentschemes and to report all instances of misuse of funds to therespective implementingauthorities, who shall,on receiptof suchcomplaints, investigate and takeappropriateactionin accordancewith law.Althoughthe term ‘SocialAudit’ is not explicating used inthe Orissa Grama PanchayatAct out it is laid down in the OrissaGrama PanchayatAct thateverygramPanchayat shall be requiredto obtainfrom the GramSasana certificationof utilisationof fundsby that Panchayat for the plans, programmesand projects takenup for implementationby the Panchayat for the plans,progrmmesand projects takenup for implementationby the Gram Panchayatvide proviso to sub-section 3 of Section 5 of the Orissa GramPanchayat Act. The aforesaid provisions of the Orissa GramPanchayatAct applies to utilisationof fund of Gram Panchayat.

2.1 In order implement the direction of the Supreme Court it isnow necessary to introduce the system of social audit withregard to rural developmentworks implementedby theStateGovernmentandbyallPRIs out of the funds releasedby theMinistryof Rural Development.

SUBJECT :Social Audit

of RuralDevelopment

Works.

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2.2 The Gram Sabha as defined under the Orissa Grama Panchayat Act is the meetingplace of all electors residing in the villages constituting Gram Panchayat. The OrissaGram Panchayat Act also provides for holding of the Palli Sabha. Palli Sabha is heldfor every village. If there are more than one villages in award there shall be only onePalli Sabha for all the revenue villages in a ward.

3. Procedure of Social Audit:-

3.1 Special meeting of the Palli Sabha will be convened for social audit of the worksCollector/Sub-Collectormay alsoconvenespecial PalliSabhameetingfor the purposeof social audit. The meeting will be convened at suitable intervals.The quorum for thePalli Sabha meeting shall be 1/10 th of members of the Palli Sabha. In addition to this33 percentof the total workers listed in the muster rolls for that workand residing in thePalli jurisdictionshall be present in the meeting. In the event of there being no quorumin the PalliSabha, it shallstandadjourned meeting. Noticefor holding of the PalliSabhameeting is to be given 15days in advance as per rule 21(b) of the O.G. P. Rules.Government officials who are associated with any work will also be issued notice toattend the social audit Sabha. The Secretary of the Grama Panchayat and Wardmember shall be present in the Sabha. During the 15 days notice period, any memberor group of members of the Palli Sabha may submit any objection or seek anyclarification in writing with regard to any aspect of the work or the document related tothe work. In the SocialAudit Sabha, the Gram Panchayat Secretary or in his absenceany body authorised by the Grama Panchayat would be responsible to read out eachof the documents and explain the details of the documents.

3.2 The objections received in writing would then be heard one by one. The non-officialmember or official(s) involved in the implementation of the work would be invited topresent anyclarification/defense/evidence.Afterall evidenceand argumentsareheard,a decision will be arrived at by consensus. In the event of there being no consensus,decision would be by vote by show of hands.

3.3 A similar procedure would be followed for those objections, which are raised verballyduring the Palli Sabha.

3.4 Only if the Palli Sabha convened for social audit passes a resolution by majority ofvotes that there are no irregularities and the work is satisfactory, then the GramPanchayat will issue certificate of utilisationof funds.

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3.5 If the Palli Sabha is of opinion that the errors are wanton and mollified, involvingconscious acts of corruption and it passes a resolution to this effect, then the Sub-Collector will inquire into the charges. The Sub-Collector would be assisted byaCommittee comprising 2 members of the Palli Sabha nominated by the Palli Sabhafor this purpose and one technical officer (nominated by the Sub-Collector) of anyGovernment Department not connected with the work.The Sub-Collectoris required tocomplete the enquirywithin 3 (three)months. If the chargesare found correct,then thefindings of the Sub-Collector will be sent to the Department concerned to rectify thedefects. If the defects are not rectified

within the stipulated period the Department concerned will take steps under the provisionsof law for recoveryof the amount as suggested

in the Sub-Collector. Besides, criminal action may be initiated

against the implementing agency. In case the Sub-Collector disagrees with the decision ofthe Palli Sabha, his findings along with the relevant records will be placed before thePalli Sabha and if the Palli Sabha prefers an appeal against the findings of the Sub-Collector, the decision of the Collector shall be final.

Yoursfaithfully,

Sd/

CHIEFSECRETARYMemo No. 15318 ____________ /GP. Dt. 6.9.2002

Copy forwarded to Principal Secretary/Commissioner-cum-Secretary in Governmentof all Departments for information and necessaryaction.

Sd/

COMMISSIONER-CUM-SECRETARYTOGOVT. MemoNo. 15319 _________________ /GP .Dt. 6.9.2002

Copy forwarded to all Revenue Divisional Commissioners for information andnecessaryaction.

Sd/-

COMMISSIONER-CUM-SECRETARYTO GOVT.

138



Governmentof Orissa

PanchayatiRaj (GP)Department.

No IS-I-28/2003-11188 (30)/GS. BBSR,dt.12.06.2003.

Sri Swapneswar Bay a, IAS Director,

P.R. & Ex-OfficioAddl. Secretary to government

To

AllCollectors

Sub:- Postingof ExecutiveOfficerto thegramapanchayatsand theirjobchart.

Sir/Madam,

I am directed to say that in the context of develop of powers to grampanchayatsandconsequential flowof fundsto gramapanchayatsithas become expedient that an official of government be posted atgrampanchayat level whoshallbe accountable togrampanchayatsfor properutilization of funds, execution of different developmentalprojects and effective day-to-day administration of the grampanchayats.

Aftercareful consideration, theState governmenthas beenpleasedto orderas follows:-

1. Thereshall be anExecutiveOfficer foreverygram panchayat.

2. The service of Village Level Workers and Village AgricultureWorkers be placedat the disposal of the Block DevelopmentOfficer forpostingas Executive Officer of thegrampanchayat,serviceconditionsof theVillageLevelWorkersand theVillageAgricultureWorkersshall remainunaltered.Theywilldraw theirsalary fromtheirrespectivedrawingofficers.

3. Consequent upon posting of Executive Officers to grampanchayats the jobs of the Executive Officers and that of thesecretariesare prescribedas under:-

(a) Executive Officer

(i) Heshallmaintaintherecordsof theproceedingsof themeetings

SUBJECT:POSTING OFEXECUTIVE

OFFICER TO THEGRAMA

PANCHAYATS ANDTHEIR JOB CHART.

139



of thegramapanchayats andCashBook of thegrampanchayat. (ii)Remain incustodyorall records and documents and valuable securitiesbelonging to or vested in or under thedirection,managementorcontrolof thegram sasan asprescribed,(iii)Exercisesuchotherpower,dischargesuchotherdutiesandperformsuchotherfunctionsasmaybeconferredor assigned to him by or under the Act. (iv)Any other worksas may be assigned by thegovernment.

(b) Secretary

(i) He shallrecord proceedingsof pallisabha andStandingCommittees.

(ii)He shallmake correspondenceto differentquarterswith theapprovalof Executive

Officer, (iii)He willreceivedaks andputup thesamein filesfor orderof theexecutiveofficer.

He shallreceivestock underdifferentschemes,PDS andenterthe stockin thestockregister,

(iv)He willsee PDSarticles to consumersandmaintainaccounts and records of PDS system.

(v)He willsuperviseworks executedby thegramapanchayats. (vi)He shallcollecttax imposedby the grama panchayats and hand over the amountso collect to be Executive Officer.(vii)Anyother duties asmaybe assignedby thegramapanchayats.

4. TillSection 122 and 123 of the O.G.P. Acts is amendedand the services of V.A.W.s aremadeavailable thefollowinginterimacknowledgementsbe made:-

(i) Where in a G.P. the post of Secretary is lyingvacantone V.L.W.be remain incharge of theSecretaryas directed in thisDeptt. G.O.No.-8325/GP. Dt.06.05.2003.

Insuchcase, theV.L.W. shall functionas executive officerandalsothe inchargeSecretary.

(ii)Where thereis Secretaryinposition, theV.L.W.willfunctionasExecutiveOfficer.Heis authorizedtocheckthe Bill beforepaymentandscrutinize theCashBook.TheSecretaryshallcontinuetodischargethefunction entrustedto himundersection123 of theO.G.P.Act,and theO.G.P.Rules 1968.

5. The District panchayat Officershallbe competent to exercise the powers of control andsupervision,as has been conferred on him undersection 109 of the O.G.P.Act, over thefunctionof Executive Officer in thegramapanchayats.

YoursfaithfullySd/-12.06.2003

DirectorPR andEx-officioAddl.Secretary togovernment.

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SUBJE CT :Devol ution of

powers toPanch ayati

Raj Instit ution(PRI s).

Government of OrissaPanchayat Raj Department

No.I.- PS-2/2003-6856/PS dated 4.7.2003.

From:Sri Pratip K. Mohanty , IAS,Chief Secretary & Chief Development Commissioner,

Orissa

To

The Principal Secretary to Government, Finance Department/

The Principal Secretary to Government, ST & S.C. Dev.Department/

The Principal Secretary to Government, F.S. & C.W. Department/

The Commissioner-cum- Secretaryto Government,AgricultureDeptt/

The Commissioner-cum- Secretaryto Government,Cooperation Deptt

The Commissioner-cum-Secretaryto Government,School& Mass Edn. Deptt

The Commissioner-cum- Secretary to Government, Health & F.W. Deptt

The Commissioner-cum- Secretary to Government, Women & Child Deptt

The Commissioner-cum- Secretary to Government, F & A.R.D. Deptt

The Commissioner-cum- Secretary to Government, Water Resources Deptt

The Commissioner-cum-Secretaryto Government,Rural Development Deptt

Sub: Devolutionof powers to PanchayatiRaj Institution(PRIs).

Sir/Madam,

In inviting yourkind attentionto the subjectcitedabove, the

141



mandate of the constitution is reiterated for appreciation of the matter.

1. As per 73rd amendment of the Constitution, the Panchayati Raj Institutions (PRIs) arerequired to be endowed with adequate responsibilities and powers to enable them tofunction as the "Institutionsof self-government".Article 243-G of the Constitutionof In-dia which deals with the crucial issue of powers, authority responsibilities of thePanchayats (3 tier of Panchayats)reads as: " Subject to the provisionsof the Constitu-tion, the Legislature of a State may, by law, endow the Panchayats with such powersand authority as may be necessary to enable them to function as institutions of self-government and such law may containprovisions for devolution of powersand respon-sibilities upon the Panchayats at the appropriate level, subject to such conditions asmay be specified there in, with respect to (a) the preparation of plans for economicdevelopment and social justice; and (b) the implementation of such schemes for eco-nomic development and social justice as may be entrusted to them including thoserelation to the matters listed in the eleventh Schedule."

2. Panchayatlaws of Orissa havebeen amended consistentwith provisions of 73rdamend-ment of the Constitution. Selection3(3) of the OrissaZillaParishadAct, 1991 has sincebeen amended. Steps are being taken to incorporate similar provisions by amendingthe Orissa Panchayat Samiti Act, 1959 and the Orissa Gram Panchayat Act, 1964 toenablethe PRIs to functionas institutionsof self-government. It is necessary to clarifytoPanchayati Raj Institutions about the role that they are expected to play for economicdevelopmentand social justice.

3. After careful consideration,Government has been pleased to assign definite functionsand provide functionaries to PRIs for implementation/execution of functions as men-tionedhereunder.

4. AGRICULTURE DEPARTMENT

The Functions,which are transferred, include Kharif and Rabi programme, Soil Con-servation,Horticultureand water shed activities.

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District Agriculture Officer will remain accountable to Zilla Parishad for preparationand approval of District Kharif and Rabi programme. Similarly the District Soil ConservationOfficer and the District Horticulture Officer will remain accountable for preparation of plansand implementation of schemes relating to soil conservation, watershed and horticulture inthe district.

Casual Leave of above mentioned Officers will be sanctioned by the President, ZillaParishad. These officers will, however,sanction casual leave of other officers under them intheir respective offices.

President, ZP will supervise the activities of the above-mentioned schemes. He willalso report about their performance to the Head of the Department who will take appropriatesteps on the report of the Zilla Parishad.

JuniorAgriculture Officer will remain accountable to PanchayatSamiti for preparationand approval of Kharif and Rabi programme. Chairman, Panchayat Samiti will review theKharif and Rabi programm e and repo rt about performa nce of dut ies to the ZillaParishad.project Director, DRDA& Ex-Officio Executive Officer,Z.P. will be take up the mat-ter with the District level Officers of the Department and Head of the Department.

Chairman, PS will sanction casual leave of the J.A.O.

VillageAgriculture workerwill attend the Grama Panchayatmeeting. Sarapanchof theG.P. will visitVAW centers and report about performanceof duties. Such report will be sent tothe BDO and Chairman of the P.S. who will take appropriate action.

5. COOPERATION DEPARTMENT

Deputy Register/Assistant Registrar of Cooperative Societies will bw accountable tothe Zilla Parishad for preparation and implementation of credit plan. President, ZillaParishad will visit primary cooperative societies, give his suggestions and and recom-mend for smooth implementation of cooperative acitivities.

Casual leave of Deputy/Assistant Registrarof CooperativeSocieties will be sanctionedby the President, Zilla Parishad. The Deputy/AssistantRegistrar will however sanctioncasual leave of other officers under them.

President,Z.P. will give report about performanceof Dy. Registrar/Asst.Registrarto theHead of the Department who will take appropriate action.

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Inspector of Cooperative Societies will remain accountable to Panchayat Samiti forpreparation and implementation of the credit plan.

Sarapanch can send report regarding activities of Primary Cooperative Societies tothe Chairman, P.S. and B.D.O. Panchayat Samiti.

6. SCHOOLL AND MASS EDUCATION DEPARTMENT

6.1. Circle Inspector/district Inspector of Schools will be accountable to Zilla Parishad foractivities relatingto primaryeducation, non-formaleducation and adult educationin thedistrict.

6.2. President, Z.P. will sanction casual leave of C.I./D.I. of schools. The C.I./D.I. will how-ever, sanction casual leave of other officersunder them

6.3. Suggestionsand report of the President,Z.P. will be consideredby the head of Depart-ment promptly and remedial measures will be taken.

6.4. Sub-Inspector of Schools will be accountable to the Panchayat Samiti for activities re-latingto primary education, adulteducation and non-formal education. He willhelpBDOin drawal and disbursement of salary of primary school teachers.

6.5. Transfer-ACommitteecomprisingChairman, BDO and D.I. of Schoolswillmake trans-fer of primary school teachers within the Panchayat Samiti and limits of EducationalDistrict. Therecommendations of theSarapancheswillbe givedue weightagefor transferwithin the Panchayat Samiti. If it is considered to transfer a teacher from one P.S. toanother P.S., the above-mentioned Committee will recommend the same to the ZillaParishad. A committee comprising President, Zilla Parishad, Executive Officer, ZillaParishadand D.I. of Schools will take decisionregarding inter-Blocktransfer of PrimarySchool teachers within the Educational District.

6.6. Visit to Schools-Chaiman, P.S. and Sarapanch can visit the Primary Schools, non-for-mal education and adult educationcenters.

6.7. The Sarapanch of the G.P. will sanction Casual leave of only Headmaster/In-chargeHeadmasterof Primaryschools,Sarapanch can verify the attendance of teachers andthey can report about absence of teachers. Such report will be enquired & appropriateaction will be taken on the report of the Sarapanch. The Headmaster-in-chargewouldbe competent to sanction C.L. to the Assistant Teachers.

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7. FOOD SUPPLIES & CONSUMER WELFARE DEPTT.

Civil Suppliers Officer will remain accountable to Zilla Parishad for public distributionssystem.

Casualleave of CivilSupplies Officerwill be sanctioned by the President, ZillaParishad.The Civil Supplies Officer will sanction casual leave other Officers under him.

Report of the President, Zilla Parishad regarding performance of duties by the C.S.O.will be given due weightage by the Haed of the Department.

Inspector of Civil Supplies will remain accountable to the Panchayat Samiti for publicdistribution system.

Chairman, Panchayat Samiti can report about performance of duties by Inspector ofCivilSupplies.The reportwill be sent to the projectDirector, DRDA& Ex-OfficioExecu-tive Officer of the Zilla Parishad and President, Z.P.Appropriate action will be taken onsuch report.

8. S.T. & S.C. DEVELOPMENT DEPARTMENT:

DistrictWelfare Officer will remain accountable to the Zilla Parishad for primaryeduca-tion activities of ST & SC Development.

Casual leave of District Welfare Officer will be sanctioned by the President, ZillaParishad, the District Welfare Officer will sanction casual leave of other under him.

President can report about performance of duties by the District Welfare Officer to theHead of the Department for appropriate action.

Welfare Extension Officer (WEO) will remain accountable to the Panchayat Samiti foractivities assigned to him.

Sarapanch and Chairman, Panchayat Samiti can visit Sevashrams, give suggestionfor improvement and report about performance of duties by the Welfare Extension Of-ficer and Sevashram teachers. The report will be sent to the Project Director,DRDA&Ex-Officio Executive Officer of the Z.P. and President, Z.P. for appropriate action.

Sarapanchshall sanctioncasual leaveof only Headmasters/In chargeHeadmasters ofSevashrams. The Headmasters would be competent to sanction casual leave to theAssistantTeachers of Sevashrams.

9. HEALTH & FAMILY WELFARE DEPARTMENT:

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Chief District Medical Officer will remain accountable to Zilla Parishad for health andfamilywelfareschemes. President, ZillaParishadcan visitprimaryhealth centers,sendhis recommendation to the head of the Department. President, Z.P. can report aboutDepartment for appropriate action.

President, Zilla Parishad will sanction casual leave of Chief District Medical Officer.The Chief DistrictMedical Officerwill sanctioncasual leaveof other Doctorsunder him.

Thedoctorsof Primaryhealth centers/hospitalswillremainaccountable to thePanchayatSamiti for health and family welfare schemes. Chairman, Panchayat Samiti can visitprimaryhealth centers/hospitals.

The casual leave of only Medical Officer in charge of PHC/Hospitals will be sanctionedby the Chairman pf P.S. The Medical officer-in-charge of P.H.C./Hospital will sanctioncasual leave of other Doctors of the PHC/Hospital.

As and where necessary, report of the Chairman, PS regarding attendance of doctorswill be sent Chief District Medical Officer and E.O. of Z.P. for appropriate action.

VillageHealth WorkersandANMs will attend Gram Panchayatmeetingand will remainaccountable to Gram Panchayat for activitiesat the village level.

Sarpanch/Naib-Sarapanchwhosever is a woman will be competent to sanction casualleave to VillageHealth Worker/A.N.M.

As and wherenecessary, reportof Sarapanch/Naib-Sarapanch,whoseveris a women,regarding attendance of VillageHealth Workers andA.N.M. will be sent to the MedicalOfficer of the PHC/Hospital and Chairman, Panchayat Samiti for appropriate action.

10. WOMEN & CHILD DEVELOPMENT DEPARTMENT:

District Social Welfare Officer will remain accountable to the Zilla Parishad for socialsecurity schemes and mid-day meal programme.

President, Zilla Parishad will sanction casual leave of District Social Welfare Officer.The District SocialWelfare Officerwillsanctioncasual leaveof otherofficersunderhim.

Report of President, Z.P. regarding performance of duties by the District Social Wel-fare Officer will be given due weightage by the head of the Department.

Child Development Project Officer and Social Education Organiser will remain ac-countable to the Panchayat Samiti for social security schemes and mid-day meal

146



programme.

Chairman/Vice-Chairmanwhosoever is a womanwill sanctioncasual leaveof C.D.P.O.& S.E.O.

The suggestion regarding smooth implementation of social security scheme and mid-day be sent programme and performance of duties by the C.D.P.O. & S.E.O. will besent to the Executive Officer of Zilla Parishad and District Social Welfare Officer forappropriate action.

Sarapanch/Naib-Sarapanch whosoever is a woman will send report about attendanceofAnganwadiWorker and such report will be consideredby the C.D.P.O. and appropri-ate action will be taken.

11. FISHERIES & ANIMAL RESOURCES DEVELOPMENT DEPARTMENT:

Chief DistrictVeterinary Officer, DistrictFisheriesOfficerandAssistantDirectorof Fish-eries will remain accountable to the Zilla Parishad for dairy and fishery activities.

Casual leave of above mentioned officers will be sanctioned by the President, ZillaParishad. These Officers will however, sanction casual leave of other officers underthem in their respective offices. President, Zilla Parishad will send report regardingperformance of duties of the above-mentioned officers to the Head of the Departmentwho will give due weightage to the report.

Veterinary Assistant Surgeon and Fisheries Extension Officers will remain account-able to the Panchayat Samiti for dairy and fisheries activities.

Their casual leave of V.A.S. will be sanctioned by the Chairman, Panchayat Samiti.

Chairman, Panchayat Samiti can visit veterinarydispensaries and livestock centers.

Report of the Chairman, PanchayatSamiti regardingperformance of duties VeterinaryAssistant Surgeon and Fisheries Extension Officer to the Executive Officer,ZP will begiven due weightage.

Sarapanch canreportaboutattendanceofLive Stockfunctionaryto theChairman andVet-erinaryAssistantSurgeon.Suchreport will beenquired andappropriateactionwill be taken.

12. RURAL DEVELOPMENT DEPARTMENT:

Executive Engineer/Assistant Engineer, RWSS will remain accountable to the Zilla

147



Parishad for drinking water and sanitation programme.

President, Zilla Parishad will sanction casual leave of the ExecutiveEngineer,RWSS.The ExecutiveEngineer will sanction casual leave of other officers under him.

President, ZP will visit the works executive by the Executive Engineer/Assistant Engi-neer, RWSS. He can send a report regardingperformance of the Executive/AssistanceEngineer to the Head of the Department who will take appropriate action thereon.

Junior Engineers, RWDD will remain accountable to the PanchayatSamiti for drinkingwater and sanitation schemes.

Report of the Chairman, Panchayat Samiti regardingperformance of duties by theAs-sistant Engineer and Junior Engineer will be sent to the Executive Officer. Z.P. andExecutive Engineer,RWSS for appropriate action.

13. PANCHAYATI RAJ DEPARTMENT:

Block DevelopmentOfficer,Addle. Block DevelopmentOfficer,AssistantEngineerandallExtension Officers of different Departmentswillremain accountable to the PanchayatSamiti for works entrusted to them.

Chairman of Panchayat Samiti will sanction casual leave of BDO Casual leave of allother officers working in the Block shall be sanctioned by B.D.O.

Sarapanch will send report regarding attendance of Village level Worker which will beduly considered by the Chairman, Panchayat Samiti and B.D.O.

14. WATER RESOURCES DEPARTMENT:

Minor Irrigation upto ayacut of 100 Acres.

Executive Engineer,M.I. will remain accountable to the Zilla Parisha for functioning ofMinor Irrigation Project having ayacut area upto 100 acres.

Casual leave of Executive Engineer, MI will be sanctioned by the President, Z.P. TheExecutiveEngineer, M.I. will be sanction casual leave of other officersunder him.

Report of President, Z.P. regarding performance of duties by the Executive Engineer,M.I. will be given due weightage by the Head of Department.

AssistantEngineersand Junior Engineersof MIwillremainaccountable to thePanchayatSamiti for functioning of M.I. projects upto ayacut area of 100 acres.

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Chairman, Panchayat Samiti will sanction casual leave of Assistant Engineer, MinorIrrigationand the Asst, Engineer will sanction the casual leave of Junior Engineers.

The report of Chairman, Panchayat Samiti regarding performance of duty of AssistantEngineer and Junior Engineer will be sent to the Executive Engineer and ExecutiveOfficer,ZP for appropriate action.

15. CHIEF EXECUTIVE OFFICER OF ZILLA PARISHAD

The Collector & Dist. Magistrate will continue to be the Chief Executive Officer of theZilla Parishad. The Project Director, District Rural Development Agency (DRDA) andother district level officers shall continue to functionas ExecutiveOfficer and additionalExecutiveOfficer respectively.

TheBlock DevelopmentOfficerwillcontinue to functionas Executive OfficerofPanchayatSamiti.

VillageLevel Workers (VLW) and VillageAgriculture Workers (VAW) will be appointedas Executive Officer of the Gram Panchayat. The Panchayat Samiti will issue specificorder allotting Gram Panchayat to each VAW/VLW as the case may be. As Executiveofficer VAW/VLWs shall perform the functions and duties as per job chart prescribedgovernment from time to time.

Sarapanch shall sanction Casual Leave of ExecutiveOfficer Of Gram Panchayat.

16. ACCOUNTABILITY

The District level, Block level and Gram Panchayat level functionaries of different de-partments of government the subjects of whichhave been transferredto PRIswillattendthe meetings of Zilla Parishad, Panchayat Samiti and Gram Panchayat respectively.

They shall remain accountable to respective level of PRI though they shall continue asemployees of their respectivedepartment.

They shall place plans and schemed for discussion and approval in the meeting ofrespectivelevel of PRI.

The President, Zilla Parishad, Chairman, Panchayat Samiti and Sarapanch, GramPanchayat are vested with authority to supervise the work and function of governmentfunctionaries at respective level calling for information and report from time to time.

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They can submit proposal to the appropriate level about indiscipline, irregularity andother shortcomingof the District level Officers.

Similarly, they can also submit suggestions/recommendationon improvementof func-tion of these functionaries through appropriate level of PRIs as well as District LevelOfficers.

The project Director, DRDA as the Executive Officer of Zilla Parishad, will call for thereport on behalf of the Zilla Parishad from the DistrictLevel Officersand will place suchreport before the President, Zilla Parishad which can be discussed in the meeting ofZilla Parishad and the concerned District Level Officers can also be called upon toexplain the matter to Zilla Parishad.

After assessment of the activities of different Departments, the President of ZillaParishadcan submit report to the Head of Departmentas well as to Government. Suchproposals emanating from Zilla Parishad shall be given due consideration and deci-sion taken thereon shall be communicated to other PRIs.

All the Department will ensure that these instructions are implemented in letter andspirit as this will help in improving the quality of delivery of services thereby improvingthe standard of living of the people in rural areas of the State.

Yoursfaithfully

Sd/-

Chief Secretary,Orissa.

Memo No 6887/PR Dated 4.7.2003

Copy forwarded to all Revenue DivisionalCommissioners/allCollector & District magistratefor information and necessaryaction.

Sd/-04.07.03

(S.N.TRIPATHY)

Commissioner-cum-Secretary

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The Orissa Gazette

EXTRAO RDI NARY

PUBLISHED BY AUTHORITY

No. 209 1,CUTTACK,FRIDAY, NOVEMBER 15,2002/KARTIKA 24,1924

PANCHAYATI RAJ (G. P.) DEPARTMENT

NOTIFICATION

The 14th November 2002

S. R. O. No. 934/2002-Whereas the draft of certain rules whichthe StateGovernmentpropose to make in exerciseof the powersconferred by clause (w) of sub-section (1) of Section 44 read withSection 150 of the Orissa Grama Panchayats Act. 1964 (OrissaAct 1 of 1965)was published as required by sub-section (1) ofSection 150 of the said Act In the extraordinary issue No. 1241,dated the 9th August 2002 of the Orissa Gazette under the notifi-cation of Government of Orissa in the Panchayati Raj (GramaPanchayat) Department No. 9570/G.P.. dated the 6th July 2002bearing S.R.O. No. 701/2002 invitingobjectionsand suggestionsfrom all persons likely to be affected thereby till the expiry of aperiodof thirtydays from the date of publication of the same in theOrissa Gazette;

And whereas objectionsand suggestionsreceivedduring the pe-riod specifiedabove have been dulyconsidered by the State Gov-ernment.

Now, therefore. In exerciseof the powers conferred by clause (w)of sub-section

(1) of Section 44 read with Section 150 of the said Act. the StateGovernmentdo herebymake the followingrules, namely :-

SUBJECT:MINORFOREST

PRODUCTMANAGMENT

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1. (1) These rules may be called the Orissa Grama Panchayats (Minor Forest Produce Ad-ministration) Rules. 2002.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. (1) In these rules,unless the contextotherwiserequires-

(i) "Act" means the Orissa Grama PanchayatsAct, 1964 ;

(ii) "Form" means a form appended to these rules :

(iii) "Minor Forest Produce" means any or all of the Minor Forest Produces specified Inthe Schedule appended to these rules :

(iv) "Section" means section of the Act; and

(v) "Trading year" means the seasonal year commencing from the first day of Octoberand completingon the thirtieth day of .September of the followingyear.

(2) All oilier words and expression used but not defined in these rules shall have the samemeaning as have been respectively assigned to them in die Act.

3.- (1)The Grama Panchayat shall have the power to regulate procurement and trading ofminor forest produce whether produced in Government lands and forest areas within thelimits of the Grama or and trading of collected from Reserve Forests and brought into theGrama.

(2) In caseof the forestareas whereVana SanrakshyanaSamitihas been formed.theGramaPanchayats shall give priority to such Samities and its members in the matter of collectionand trading of minor forest produce.

4. (1)Any person intendingto procureMinor ForestProduce from the primarygatherersor totrade in of tradesminor forestproducewithinthe limitsof Grama duringany tradingyearshallregister himself as a trader in Minor Forest Produce in the Grama Panchayat.

(2) Any person intending to be registered as a trader in minor forest produce shall apply tothe Grama Panchayat in Form No.l.All such applications shall be placed before the GramaPanchayat immediately in its nextmeetingand with the approval of the GramaPanchayat the

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Sarpanch shall register live applicant as a

trader in minor forest produce for one trading year ending next September and grant a Cer-tificate of Registration in Form No.2 to that effect.

(3) The names of all the traders of minor forest produce registered under sub-rule (2)each year shall be recorded in a Permanent Register to be maintained in Form No.3 in theGramaPanchayat.

(4) At the time of filingof application under sub-rule(2) the applicantshall depositwith theGrama Panchayals the required registration fees for each item of Minor Forest Produceapplied for.

(5) No application for registration shall be entertained if the required fees has not beendeposited under sub-rule (4)

(6) The fees for registrationfor every item of Minor Forest Produce shall be such as maybe notified by Government from time t o time.

5.(i) (a) In the month of Septembereven' year the PanchayatSamiti shall by adoptinga reso-lution to that effect fix-up the minimum pride of procurement of different Minor Forest Pro-duces payable to the primary minimum price gatherers during the next trading year, whichshall be applicable to all the Grama Panchayats within the block.

Provided the Grama Panchayat shall be competent to modify the minimum price so fixedunder this sub-rule or sub-rule (3) by the Panchayat Samiti according to the local need byadopting a resolution to that effect

(b) The representatives of DivisionalForest Officer. TribalDevelopmentCooperativeCorpo-ration, Orissa Forest DevelopmentCorporationand TribalCo-operativeMarketing Develop-ment Federation of IndiaLtd.,shallbe invited to the meetings convened under thissub-rule orundersub-rule(3).

(2) The minimum price fixed under sub-rule (1) or sub-rule (3) shall be notified in the no-tice board of the Panchayat Samiti and copies thereof shall be communicated to the Collec-tor. Divisional Forest Officer. District Panchayat Officer. Sub-Collector and all the GramaPanchayatswithin the Block.

(3) If at any time or hi any case it appears to the Collector that a Panchayat Samiti hasfailed to fix up the minimumprice for procurement of MinorForestProduceundersub-rule(1)

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the Collector shallconvene a SpecialMeeting of the PanchayatSamitipreferably in the monthof October to fix-up the minimum price of procurement of Minor Forest Produce.

(4)On receipt of intimationunder sub-rule(2)regardingfixation of the minimum procurementprice of the Minor Forest Produce fixed under sub-rule(l) or (3) the Grama Panchayat shallplace the same before the Grama Sabha in its next meeting for ratification.

6.(1)A trader registeredunder these rules shall furnish a monthly return of Minor Forest Pro-duce to the Furnishing Grama Panchayat within fifteen days of the following month in FormNo.3.

(2) Within one month of the closure of the trading year .the dealer shall also file an annualreturn of the Minor Forest Produce for the trading year in FonnNo.3.

(3)The GramaPanchayat shallcommunicatea copyof the annualreturn received undersub-rule(2) to the Forest Range Officer concerned.

7.(1) If at any time or in respect of any case it appears to the Sarpanch .that a trader ,regis-tered under these rules ,has failed to-

(i) Pay the minimum price of procurement to the Primary gatherers fixed by the GramaPanchayat in Minor Forest Produce;

(ii) registerhimself in the Grama Panchayat; or

(iii) Comply with the conditions of registration; the Sarpanch shall issue a notice to suchdealer or person, as the case may be to show cause as to why the registration shall not becancelled or action shall not be taken against him for such illegal trading.

(2) If such trader or person fails to show cause within seven days of receipt of the noticeor showcausewhich is not satisfactory, the Sarparch shall conductan inquiryand aftergivingthe traders or the person an opportunity of being heard ,place his inquiry report before theGramaPanchayat in itsnextmeetingtogether with the explanation, if any, received from suchtrader or person for its decision.

(3) On consideration of the inquiry reportof the Sarpanch and the explanationof the traderif the Grama Panchayat are satisfied that circumstancesspecified in sub-rule(l)exist in rela-tion to such trader or person, the Grama Panchayatshall resolve to cancel the registration ofthe dealer for the trading year and may also refuse to register him as trader for the subse-quent tradingyears;

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Provided that if the person is engaged in the tradingof minor forest produce without register-ing himself in Grama Panchayat the Sarpanch or Secretary of the Grama Panchayat shalllodge necessary complaint before die Divisional Forest Officer concerned for taking appro-priateaction against the person concernedfor such illegal trade under the appropriateprovi-sions of law.

(4) In pursuanceof the decisionsof the GramPanchayatundersub-rule (3),the Sarpanch/Secretary shallcancel the registration of the trader and in case of the person carrying anillegal trade in Minor Forest Produce .the Sarpanch shall forthwith lodge the complaint withthe concerned Divisional Forest Officer.

(5) If after cancellation of the registration under sub-rule (4) it appears to the Sarpanch/Secretarythat the trader isstill continuing his tradeion theMinor Forest Produce ,theSarpanch/Secretary shall report the matter to the DivisionalForest Officer for taking action against theperson under the appropriate provisions of law.

(6) The item of Minor Forest Produce seized by the Divisional Forest Officer from thedealer or person shall be sold by public auction and the sale proceeds thereof be depositedunder the appropriate Head of Account as provided under the Orissa ForestAct.

8. Any personaggrieved by the decision of the GramaPanchayat under these rulesmayprefer an appeal under Section 133 of the Act. The appeal shall be disposed of within thirtydays from the date of admission of the appeal.

9. (1) PublicSectorundertakings like the OrissaForestDevelopment Corporation,TribalDevelopment Co-operative Corporation and Tribal Co-operative Marketing DevelopmentFederation of India Ltd, shall be deemed to have been registered under these rules.

(2) Notwithstanding the relaxationprovidedunder sub-rule (l),the provisionsof rules 6,7,and8 shall apply to these public sector undertakings.

10. The Government may .from time to time .issue such instructions ,as occasion mayrequire for,-

(a) smooth implementationof these rules and

(b) Removal of any doubt or difficulties arising out of implementation of these rules.

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Form No:1(sec rule 4 (2)

Application form for registration of trading in Minor Forest ProduceTo

The Sarpanch………………….GramPanchayatSir,

I Sri ……………………………Village/Post…………………….dohereby apply forregistration as a dealer in Minor Forest Produce in …………Gram Panchayat.

Details of Trade1. Name of the business organigetion with full address:-2. Relationshipof the applicantwith the organization:-3. Applicant <s name / Fathers name/ PermanentAddress:4. The name of the Minor Forest Produce the dealer wants to deal:5. Typeof business:

Retail/Wholesale or both:-6. Amount deposited for registration with receipt number and date:-7. Trading year for which registration is applied for:-8. Name and address of the place where Minor Forest Produce to be stored:-

I hereby declare that……………………1. I Shall abide the rules and regulation framed by Govt. for trading in Minor Forest

Produce.2. I Undertake that I shall not default in making payment the registration fees and

other dues fixed by the Grama Panchayat.3. That facts stated above are true to the best of my knowledge and belief

Yoursfaithfully,Signature of theApplicant.

Received Rs………………… (Rupees……………………) only towards registration forvide receipt No………………..dated…………………….

SECRETARYORDER

The application be placed in the next Grama Panchayat meeting for Consideration

SARAPANCHAGRAMPANCHAYAT

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FORM No.2(See Rule 4 (2)

Cer tif ica te of Reg ist rat ion for Trad ing in Minor Forest Produce.. ... ... ... ...GramaPanchayat.................

Sri.......................................Sonof......................................................Village......................................................Post..........................Dist......................

1. RegistrationNo.2. Tradingyear for which the registration is granted.3. Description of Minor Forest Produce to be dealt with by the dealer:-

(a)(b)(c)(d)

Secretary Sarapanch.................Grama Panchyat ................GramaPanchayatN.B.: Rules and regulations of registration noted backside:-

RenewalReport

Date of renew Tradingyear for which Signature of Secretary Signatureof Sarpanchrenewal is granted

1 2 3 4

Conditions of Registration

1. Registered MinorForestProducesshall be purchasedonly from the Primarygatherersas per the price fixed from time to time.

2. W hile purchasing the MinorForest Producefrom the Primary gatherers the Registereddealers shall ensure proper weight of the produces so purchased and the full costthereof shall be paid to the primary gatherers on the spot.

3. The registered dealer shall submit a monthly return in the prescribed form to theconcerned Forest Ranger and the Grama Panchayat.

4. The registereddealer shall abide by all such guidelinesas may be issued from time totime.

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FORM No.3(See Rule 4 (3)

MINOR FOREST PRODUCEMONTHLY/ANNUAL RETURN

FOR THE MONTH/TRADING YEAR

Name of the dealer Registration no.

Name of the Gramm Panchayat District.....................Sl. No. Item Opening Quantity procured Total Rate Quantity sold Balance at

of MFP balance during the month in Kg. paid of diverted the end of thein Kg. trading year during reparting

the period period1 2 3 4 5 6 7 8

Declaration : I declare that the above information are true and correct to my knowledge.

Signature of the dealer

FORM NO. 4[(See rule 6 (3)]

REGISTER OF M.F.P. DEALERS

Name of the Grama Panchayat: Trading Year:

Sl. No./Nameand addressof the dealer/Registration No. / Date of registration/Trading are/ Remarks

[No. 23046-LS-I-22/2002-G/P]

By order of the Governor

S.K. PRADHAN

Deputy Secretary to Government

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SUBJECT:Principle ofdistributionof KenduLeaf Grant

and itsutilisation.

Government of Orissa

Panchayati Raj (GP) Department.

R E S O L U T I O N.

No.XVIII.KL-28/2002-24820/G.P.,BBSR.,

Dated the 16th Dec,2002.

Sub:Principleof distribution of KenduLeaf Grantand itsutilisation.

1. Principle of distribution of Kendu Leaf Grant and its utilisation

was prescri bed vide Resolution No.113 41-XV II I-23/86/GP.,dt.21.6.86 of earth while C.D. and P.R.(G.P.Deptt.,Amounts

annually released by Forest Deptt. towards K.L.Grant was being

distr ibuted to Panchayat Samit is and Gram Panchayat ofK.L.growing Sub-Divisions in accordance with the aforesaid

resolution. The State Finance Commission recommendedadditionalallocation of funds to PanchayatiRaj Institutions. They

further recommended that Zilla Parishad should also get a share

from K.L.Grant. Considering all aspects, the Govt. have nowdecided the following policy for distribution of K.L.grant.

a. 90 % of the amount available under K.L.Grant may bedistr ibuted among Grama Panch aya ts, Pan cha yat

Samities and Zilla Parishads of K.L. Growing areas at the

ratio of 72 :10:8 respectively.

b. 10 % of the amount available under K.L.Grant may be

retained at the level of Govt. for distribution for socially

relevant purposes and activities.

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2.1 Now Govt. have been pleased to decide, in supersession of all previous orders and

instructions, that the distribution and utilisation of K.L.grantshall hereafterbe governedin accordance with the following principles:

2. DISTRIBUTION OF GRANTS.

(a) 90 % of the amount available under K.L.Grant may be distributed among Grama

Panchayats, Panchayat Samities and Zilla Parishads of K.L.Growing areas at theratio of 72 :10:8 respectively.

a. 10 % of the amount available under K.L.Grant may be retained at the level of Govt. for

distribution for social ly relevant purposes and activit ies. This amount shall inaccordance with the present practice, be described as the Hard Case Kendu Leaf

Grant.

2. UTILISATION OF K.L. GRANT BY GRAMA PANCHAYATS/ PANCHAYAT SAMITIAND ZILLA PARISHAD.

a. Grama Panchayaat /Panchayat Samiti /Zilla Parishad will utilise 80 % of K.L.Grantreceived during a financial year for infrastructure development according to shelf of

projects approved by each tier of PRIs. A separate resolution will be passed in the

Grama Panchayat/ Panchayat Samiti /Zilla Parishad indicating the project wiseallocation of funds out of K.L.grant. There shall not be any overlapping in incurring

expenditure out of K.L.grant and other sources.

b. When a project is selected for execution under K.L.grant, full cost shall be providedout of K.L.grant and grains allocated to the P.R.Is. The project shall be completed

during one financial year.

c. The amount available under K.L.grant shall not be spent for completing a portion of

the project.

160



d. P.R.Is may purchase private land for construction of infrastructure if Govt. land is not

available.

e. If the Gram Panchayats,Panchayat Samitiand ZillaParishad intendto pool the amountavailable with them for construction of a project requiring substantia l big amount,

resolution of Panchayat Raj bodies alongwith the recommendation of the Collectorshall be sent to Govt. for approval.

f. 10 % of the K.L.Grant received during a financial year shall be spent for providing

services to public in respect of Primary Education, Primary Health, Safe drinkingwater, street light, sanitation and public distribution system. Roads and buildings are

not to be constructed under this sector. However, toiletsand drainsmay be constructed

under sanitation programme.

g. Rest 10 % shall be spent under the production activities. Under these activities village

artisans may be imparted training for improvement of their skill, improved instruments

may be provided to them. Grama Panchayats may purchase agricultural implementsand provide the same farmers on hire. Self help group may be assisted under this

sector.

3. HARD CASE KENDU LEAF GRANT.

1. The amount available at the level of Government under Hard Case K.L.grant shall be

utilised for the following purposes.

i. Promotion of Socially relevant purposes and activities and;

ii. Improvement of Panchayati Raj administration.

1. Non-political institutions registered under the Societies RegistrationAct, Government

aided institutions and government institutions shall be sanctioned funds under theprovisions of paragraph 3.1.

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2. The amount released under Hard Case K.L.grant shall be utilised through Panchayati

Raj Institutions.

O R D E R E D : Ordered that the Resolution be published in the extraordinary issue of theOrissa Gazette.

By order of the Governor.

Sd/-R.N.Senapati.

Commissioner-cum-Secretary to Govt.

Memo No.24821/GP.,BBSR.,Dated 16th Dec,2002.

Copy forwarded to the Director, Printing, Stationery & Publication, Orissa Cuttack-10 forissue of Notification in the next extraordinary issue of Orissa Gazette and Supply

9,000 (Nine thousand) copies to Panchayati Raj ( G.P.Deptt.) for distribution to allconcerned.

Sd/-

Deputy Secretary to Govt.

Memo No.24822 / G.P., BBSR.,Dated 16th Dec,2002.

Copy forwarded to all Departments of Govt./ All Heads of Deptt./ All Revenue Divisional

Commissioners / All Collectors / All Project Directors of DRDAs /All District PanchayatOfficers / All Block Development Officers for information and necessary action.

Sd/-

Deputy Secretaryto Govt.

Resolutionon K.L.Grant(GP)Deptt. smc-7

162



REFERENCE

Orissa Grama Panchayat Act 1964 & Rules 1978

Orissa Panchayat Samiti Manual 1994

Orissa Zilla Parishad Act-1991

Orissa Panchayat Rules: Orissa Law Reviews

‘Panchayatiraj SahayakPushtika” (State Institute fo r Rural Development)

‘Ama Gaon Panchayat Sashan” (Institute for Socio Economic Development)

‘Grama PanchayatAma Jojana” (CAPART, Bhubaneswar)

PanchayatSamachar (State Institute for Rural Development)

‘Grama Swaraj ‘(CYSD).

Documents

inside this book - SIRD, Odisha