Decentralised Governance through Panchayati Raj in Odisha Sri

Decentralised Governance through Panchayati Raj in Odisha Sri Saroj Kumar Dash Joint Director, SIRD & PR e-mail: saroj. skd 1962@gmail. com

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…. Ø Ø Ø Ø 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 Ø Ø Ø 1950: Panchayatiraj Institutions were placed in the Directive Principle of State policy, as Art-40. 1953: The Balvantarai Meheta Committee was constituted. 1957: recommended devolution of power. elected body of three tiers and 1959: Inauguration of first panchayat in the country at Nagore dist in Rajasthan. 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.

Ø Ø Ø Ø 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 64 th constitutional Amendment bill. 1992: The Panchayats have conferred with constitutional status through 73 rd constitution Amendment Act. 1993: The Act came in to force on April 24 th 1993. 1996: Panchayat Act (Extension to Schedule Area) was came in to force.

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

74 TH 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 Ø Constitutional mandate – PRIs to work for Economic Development & Social Justice Ø 51972 Villages, 6798 GPs, 314 PSs, 30 ZPs with 100862 Elected Representatives. Ø 2 nd executive leader post in all 3 -tier PRIs for women Ø Election as per PESA in 2007 with PRIs at all levels headed by STs in 1941 GPs, 121 PSs & 13 ZPs Ø 21 subjects of 11 departments transferred to PRIs as per 73 rd Amendment

Journey of Panchayati Raj Ø Ø Ø OGP Act CD Programme NES BRM Comm. 3 -tier PRIs - 1948 1952 1953 1957 1959 (OGP Act, 1959, OPS Act, 1959, OZP Act, 1961) Ø Ø Ø Intro. of 3 -tier PRIs Dissolution of ZP Cont. . of 2 -tier PRIs Intro. of 3 -tier PRIs (Resv. of Women) 50% reservation-----Election to 3 -tier PRIs - 1961 – 67 1967 till 1990 - - 2012 1997 (73 rd Const. Amendment & PESA) Ø Ø Conduct of election as per PESA 2002 Empowerment of PRIs ……. , , , , 2002 onwards election

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

Profile of PRI Elected Reps. Ø ZP - 853 Ø PS - 6798 Ø GP 6798 -

Panchayati Raj. . A Pro-Poor, Pro-PRI Endeavour…… Ø Ø Creating a culture of Participatory development and Solution at Community level through its programmes & structure… Changing Rural lives……Poverty Alleviation programs Ø Mahatma Gandhi NREGA, NRLM, Ø Facilitating Basic services through Finance Commission Grant, GGY, Ama Gaon Ama Bikash (AGAB), Rural Drinking Water, SBM. Ø Creating Livelihood through DDU-GKY. Ø Mainstreaming SHGs into Mission Shakti & assist in marketing thro ORMAS Ø Capacity Building of PRIs / PROs - SIRD Ø Ensuring transparency through E-Governance and Social Audit Ø Bringing in Fiscal Discipline through e-governance

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

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

General Devolution Ø Officials “accountable” Ø Place plan & Scheme for approval Ø Can ‘visit’ offices Ø Call for report and ensure their presence in the meetings Ø Write about to Ho. D/Govt. Ø Casual Leave to head of office Ø Executive officers Ø Ø Ø 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 11 th 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 – based manpower Block Development Officer Junior Engineers Extension Officers VLWs Clerical Staff and Programme

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 : 1. 2. 3. 4. 5. 6. 7. 8. MGNREGS AMA GAON , AMA BIKAS PMAY-G. BPGY NRLM 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

Accountability Ø 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 Ø Remain accountable to respective level of PRI though they shall continue as employees of their respective department. Ø They shall place plans and schemes for discussion and approval in the meeting of respective level of PRI. Ø 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. Ø Submit suggestions/ recommendations on improvement of function of these functionaries through appropriate level of PRIs as well as District Level officers. Ø 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 Ø President of Zilla Parishad can submit report to the Head of Department as well as to Government. Ø 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 : Ø Ø Ø Ø 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 Ø Pre-73 rd CAA Scenario – Mandatory Provision of Reservation of Women leader at GP, PS & ZP at the level of Naib Sarapanch, Vice-Chairman & Vice President respectively. Ø Women Participation 1/10 th : Palli Sabha - Desirable 1/3 rd : Gram Sabha – Mandatory

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

Strength q 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) 29

Weaknesses Ø Lack of political will of political parties for decentralisation Ø Lack of public awareness and vigilance Ø Lack of orientation of officials for working with LGs Ø Elite capture in highly unequal societies Ø Bias against women Ø Bureaucracy has not learnt to work with the local government Ø Downward accountability mechanism not yet developed Ø Decision-making not yet broad-based 30

Opportunities Ø People’s participation providing good governance at grassroots level Involvement of people in development planning Ø Gender budgeting Ø Resource mobilization (cash, kind or labour) for local development Ø Increasing participation in decision-making Ø The State and Administration nearer to people Ø Democracy extended to grassroots Ø 31

Threats Ø Disparities of caste, class, gender etc. Ø Resistance of political class at the state and national level to share power Ø Resistance from the rural elites and dominating class to share power with disadvantaged groups Ø Clientalism and Patronage 32

Four Challenges n Power sharing among Politicians n Inconsistency in implementing directions by officialdom n Landlords and Feudal Elements 33

“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