Decentralised Governance through Panchayati Raj in Odisha AMITA PATRA FACULTY,SIRD

Independence must begin at the bottom Independence must begin at the bottom. Thus, every village will be a republic or Panchayat having full powers. It follows, therefore, that every village has to be self-sustained and capable of managing its affairs…. ….. We are unleashing or attempting to unleash the greatest latent powers of the people by giving an authority to Panchayati Raj.

Why Panchayati Raj…. Promote People’s Participation in Rural Development programmes; Provide Responsive Administration based on the concept of ‘Democratic Decentralization’; Act as a medium of Social and Political change; Facilitating direct, representative and participative democracy and Social Mobilization at local levels; Prepare Plans for Development and assist in their implementation. Representations for weaker sections Gram Sabha / Palli Sabha – Direct Democracy

Evolution of panchayatiraj system 1950:Panchayatiraj Institutions were placed in the Directive Principle of State policy, as Art-40. 1953: The Balvantarai Meheta Committee was constituted. 1957:recommended elected body of three tiers and devolution of power. 1959: Inauguration of first panchayat in the country at NAGAWAR in Rajastan. 1963:K.Santhanam Committee was appointed to look solely at the issue of PRI finance. 1977: Ashok Meheta Committee was constituted to suggest measures to strengthen PRIs.It recommended two tier system and inclusion of SC/ST.

1985:G. V. K. Rao Committee was appointed 1985:G.V.K.Rao Committee was appointed .It recommended to assign the work of planning, implementation and monitoring of RD programme to PRI 1987:L.M.Singhvi Committee was formed It recommended for the strengthening of GRAM SABHA,GRAM PANCHAYAT and restructuring of village. 1988:Parliament Sub Committee under the chairmanship of P.K Thungun recommended for regular and timely panchayat election. 1989:Proposal introduced to institutionalize the PRIs in 64th constitutional Amendment bill. 1992:The Panchayats have conferred with constitutional status through 73rd constitution Amendment Act. 1993:The Act came in to force on April 24th1993 . 1996:Panchayat Act (Extension to Schedule Area) was came in to force.

Main features of the 73rd Constitutional Amendment Act CONSTITUTION OF PANCHAYAT: Three tier structure COMPOSITION OF PANCHAYAT: Direct election of all seats except the chair persons at district and block level RESERVATION OF SEATS: SC ,ST (in proportion to population) and women(33%) CONSTITUTIONAL STATUS TO GRAM SABHA: Economic development & Social justice DURATION OF PANCHAYAT:Term of 5 years, if dissolve fresh election within 6 months DEVOLUTION OF POWER:29 subjects of eleventh schedule of Constitution CONSTITUTION OF STATE FINANCE COMMISSION :Every 5 years CONSTITUTION OF STATE ELECTION COMMISSION :

74TH Constitutional Amendment Act:1992 CONSTITUTION OF DISTRICT PLANNING COMMITTEE: There would be a District Panning Committee at district level to consolidate the plans prepare by the panchayats and municipalities to prepare development plan for the district as a whole

Orissa : PRIs at a Glance Constitutional mandate – PRIs to work for Economic Development & Social Justice 51972 Villages, 6234 GPs, 314 PSs, 30 ZPs with 100862 Elected Representatives. 2nd executive leader post in all 3-tier PRIs for women Election as per PESA in 2007 with PRIs at all levels headed by STs in 1941 GPs, 120 PSs & 13ZPs 21 subjects of 11 departments transferred to PRIs as per 73rd Amendment

Growth of 3-tier PRIs : Orissa Year GP PS ZP 1961-62 2350 214 13 1966-67 3826 307 1983-84 4391 314 - 1991-92 5263 1997-98 30 2002-03 6234

Journey of Panchayati Raj OGP Act - 1948 CD Programme - 1952 NES - 1953 BRM Comm. - 1957 3-tier PRIs - 1959 (OGP Act, 1959, OPS Act, 1959, OZP Act,1961) Intro. of 3-tier PRIs - 1961 – 67 Dissolution of ZP - 1967 Cont.. of 2-tier PRIs - till 1990 Intro. of 3-tier PRIs - 1990 (Resv. of Women) Election to 3-tier PRIs - 1997 (73rd Const. Amendment & PESA) Conduct of election as per PESA 2002 Empowerment of PRIs …….,,,,,,,2002 and 2007 election

LEGAL FRAMEWORK Orissa PS Act – 1959 Orissa ZP Act – 1991 Orissa GP Act – 1964 Orissa PS Act – 1959 Orissa ZP Act – 1991 Amended – Spirit & Mandate of 73rd Const. Amendment & PESA Act, 1996

Profile of PRI Elected Reps. ZP - 854 PS - 6227 GP - 93786 Total : 1,00,867 N.B. Women (33%) – 36,084

Panchayati Raj..A Pro-Poor, Pro-PRI Endeavour…… Creating a culture of Participatory development and Solution at Community level through its programmes & structure… Changing Rural lives……Poverty Alleviation programs MGNREGA-SGSY-IAY-BRGF-TRIPTI Facilitating Basic services FCA-KL Grants-GGY-MO-KUDIA Mainstreaming SHGs into Mission Shakti & assist in marketing thro ORMAS Capacity Building of PRIs / PROs - SIRD Ensuring transparency through E-Governance and Social Audit Bringing in Fiscal Discipline through PRIASOFT, PAMIS, BETAN.

Institutional Framework of Decentralization Palli Sabha Gram Sabha Gram Panchayat Panchayat Samiti Standing Committees DRDA District Planning Committee Zilla Parishad Standing Committee State Finance Commission State Election Commission

Zilla Parishad Panchayat Samiti Gram Panchayat Gram Sabha Palli Sabha Decentralised Decision making & Planning Structure for Pro-poor Development in Odisha Zilla Parishad Panchayat Samiti Gram Panchayat Gram Sabha Palli Sabha Convergence Mode (Self Employment & Wage Employment Prog.) Representative Democracy Participative Democracy

General Devolution Officials “accountable” Place plan & Scheme for approval Can ‘visit’ offices Call for report and ensure their presence in the meetings Write about to HoD/Govt. Casual Leave to head of office Executive officers Collector : ZP BDO : PS EO : GP (VLW/VAW)

Function Gram Panchayats, Panchayat Samities and Zilla Parishads given statutory powers under the respective Acts and Rules. Gram Sabha and Palli Sabha given statutory recognition. Gram Sabha given statutory powers for selections of beneficiaries under Poverty Alleviation schemes. To approve plans, programmes and projects before implementation by the Gram Panchayats.

Function ...... Cont. Gram Sabha empowered in Scheduled areas to enforce prohibition, control over money lending, have ownership of minor forest produce and prevent alienation of land belonging to Scheduled Tribes. Government transferred ownership of 67 items of Minor Forest Produce to the Control of Gram Panchayats. Social audit made statutory. Gram sabha to approve expenditure and submission of U.C.

Function ...... Cont. Gram Panchayat empowered to maintain assets, remove nuisance, regulate public utility, impose taxes and provide public distribution & other services. Panchayat Samiti empowered to deal in P.D.S, look after social security measures, provide assistance to weaker sections, implement programmes relating to poverty alleviation, primary education, primary health, co-operation and calamity relief.

Function ...... Cont. Zilla Parishad - Out of 29 subjects required to be transferred to PRIs as per the 11th schedule of the constitution, 19 subjects transferred to the control of Zilla Parishad. However concerned Deptt. have the option to place fund with Zilla Parishad to implement their programme or to get the programme implemented through their district level officers with the approval of Zilla Parishad.

Functionaries Gram Panchayat – Executive Officer One Secretary One peon. Programme Manpower support Panchayat Samiti – Block Development Officer Junior Engineers Extension Officers VLWs Clerical Staff and Programme based manpower

Functionaries ....Cont. Zilla Parishad Chief Executive-cum-Collector Project Director-cum-Executive Officer Addl. P.D-cum-Executive Engineer and programme-based manpower DRDA Office to act as Secretariat of Zilla Parishad

Funds Fund is provided to PRIs mainly out of following sources, namely : MGNREGS BRGF, RGSY IAY / Mo-Kudia SGSY GGY FCA Grant-in-aid Own income

Chief Executive Officer DM & Collector continue to be the Chief Executive Officer of the Zilla Parishad. Project Director, DRDA and other district level officers shall continue to function as Executive Officer and Additional Executive Officer - Block Development Officer for Panchayat Samiti. - Village Level Workers (VLW) and Village Agriculture Workers (VAW) have been appointed as Executive Officer of the Grama Panchayat. Executive Officer shall perform the functions and duties as per job chart prescribed by govt. from time to time. Sarapanch shall sanction Casual Leave of Executive Officer of Gram Panchayat.

Accountability The district level, Block level and Grama Panchayat level functionaries of different departments of Government the subjects of which have been transferred to PRIs will attend the meetings of PRIS Remain accountable to respective level of PRI though they shall continue as employees of their respective department. They shall place plans and schemes for discussion and approval in the meeting of respective level of PRI. The President, Zilla Parishad, Chairman, Panchayat Samiti and Sarapanch, Grama Panchayat are vested with authority to supervise the work and function of Govt. functionaries at respective level, calling for information and report from time to time. They can submit proposal to the appropriate level about indiscipline, irregularity and other shortcomings of the District Level Officers.

Accountability ....cont. Submit suggestions/ recommendations on improvement of function of these functionaries through appropriate level of PRIs as well as District Level officers. The Project Director, DRDA as the Executive Officer of Zilla Parishad, will call for the report and will place such report before the President, Zilla Parishad President of Zilla Parishad can submit report to the Head of Department as well as to Government. Such proposals emanating from Zilla Parishad shall be given due consideration and decision taken thereon shall be communicated to other PRIs.

People’s Empowerment through PRIs in Sch. Areas : Approval of Plans, Programmes, Project selection, Selection of beneficiaries & issue of UCs Marketing & Ownership of MFP Enforcement of Prohibition & Sale of Intoxicant Regulation of Money Lending Transfer of Tribal Land Control of Village Markets Management of Water bodies Minor Minerals

Women Empowerment - PRIs Pre-73rd CAA Scenario – Mandatory Provision of Reservation of Women leader at GP, PS & ZP at the level of Naib Sarapanch, Vice-Chairman & Vice President respectively. Women Participation 1/10th : Palli Sabha - Desirable 1/3rd : Gram Sabha – Mandatory

Decentralised Planning District Planning Committee – formed in all districts PRIs leaders participation – ensured Consolidation & Integration of Plans of different line departments, ULBs & PRIs Provision of Supervisory role - PRIs

Strength Constitutional Status Constitutional Status for stability and continuity Timely Election Demand from below Representations for weaker sections Gram Sabha – Direct Democracy CSOs/ Environment demanding decentralization Framework for 4 “Fs” Functions, Functionaries, Funds, Freedom (Autonomy)

Weaknesses Lack of political will of political parties for decentralisation Lack of public awareness and vigilance Lack of orientation of officials for working with LGs Elite capture in highly unequal societies Bias against women Bureaucracy has not learnt to work with the local government Downward accountability mechanism not yet developed Decision-making not yet broad-based Rules & procedures not adequately framed

Opportunities People’s participation providing good governance at grassroots level Involvement of people in development planning Gender budgeting Resource mobilization (cash, kind or labour) for local development Increasing participation in decision-making The State and Administration nearer to people Democracy extended to grassroots Poverty eradication

Threats Disparities of caste, class, gender etc. Resistance of political class at the state and national level to share power Resistance from the rural elites and dominating class to share power with disadvantaged groups Clientalism and Patronage

Four Challenges Power sharing among Politicians Inconsistency in implementing directions by officialdom Landlords and Feudal Elements Contractors

THANKS FOR YOUR Kind Attention “There is a silent revolution that is taking place in our countryside – silent only because the media and urban political opinion are not giving adequate attention to it. It is the harbinger of new hope for the eradication of rural poverty and the promotion of rural prosperity.” Dr. Manmohan Singh, Prime Minister of India November 22, 2006 THANKS FOR YOUR Kind Attention