FUNCTIONING OF PANCHAYAT SAMITIS IN ODISHA Santosh Ku

FUNCTIONING OF PANCHAYAT SAMITIS IN ODISHA Santosh Ku. Patra SIRD, Bhubaneswar 11/21/2020 1

LEGAL FRAMEWORK Constitution Central Act State Act • 73 rd Amendment • PESA Act • MGNREGA Act • FRA Act • O. Zilla Parishad Act • O. Panchayat Samiti Act • O. Grama Panchayat Act Rules Operational Guidelines 11/21/2020 Executive Instructions 2

GRAM SWARAJ The village will be self governed, Once the- v People will discuss, v Take decision and v Implement decision v No external intervention. 11/21/2020 3

CONSTITUTION - 1950 Article – 40: v State will take steps for organising Gram Panchayats v The Gram Panchayat will be Local self Goverment. v The State may endow Panchayats with powers and authority. v Gram Swaraj concept of Gandhiji converted into Gram Panchayat 11/21/2020 4

73 rd Constitutional Amendment Act-1993 Key Features -: 1) 2) 3) 4) Constitutional Status for Gram Sabha. 3 tier P. R. System. Duration : 5 years. Reservation of status – SC / ST / OBC / WOMEN. 5 ) Power, Responsibility & Authority. Ø To function as Local Self Government (LSG) Ø Prep. of plan for Social Justice & Economic Development. Ø Implementation of Schemes (Listed in the 11 th Schedule) 6 ) State Finance Commission. 7 ) State Election Commission. 11/21/2020 5

Important Features of PESA-Act • Gram Sabha approves the plans, programmes and projects • Gram Sabha is competent to safeguard and preserve the tradition & customs and cultural identity. • Gram Sabha identifies the beneficiaries. • Gram Sabha is endowed with the ownership of MFPs. • Approval of Utilisation Certificates in Gram Sabhas. • Reservation of seats. • Gram Sabha or PAL is consulted for land acquisition, management of minor water bodies, grant of licence or mining lease, 11/21/2020 prohibition/regulation of the sale & consumption of 6

Planning Structure Zilla Parishad Panchayat Samiti Representative Democracy Gram Panchayat Gram Sabha Palli Sabha 11/21/2020 Participative Democracy 7

Odisha Gram Panchayat Act - 1964 Sec – 3. All villages within Gram Panchayat GRAM Sec – 4. GRAMSASAN of all Sec -- 5. GRAM SABHA 11/21/2020 all Registered Voters villages The legal meeting by the voters of Grama 8

Devolution of 3 Fs • Fund – Panchayat Samiti and Grama Panchayats implement projects & programmes. • Functions – 22 subjects(11 Deptt ) out of 29 subjects • Functionary – adequate Panchayat Samiti level. 11/21/2020 at 9

Management of Fund • Fund is to be managed as per decision of the Gram Panchayat, Panchayat Samiti & Zilla Parishad. • However sanctioning authority is to follow prescribed guidelines for utilization of funds. • Panchayats have limited scope for utilization of fund as per own decision. Grama Panchayat - Fund is jointly managed by Sarpanch and the Executive Officer as per Odisha Grama Panchayat Rules. Panchayat Samiti - Block. Development. Officerisresponsiblefor management of fund as per Panchayat Samiti Accounting Procedure Rule. 11/21/2020 10

Odisha Panchayat Samiti Act-1959 Constitution of Blocks- Sec-15 Ø Appointment of Addl Block Dev Officer Sec – 15 -B Ø Appointment of Block Dev. Officer –Sec -15 -A Constitution of Panchayat Samiti Every Block shall have a Samiti consisting of the following members ( Sec – 16 ) Ø Chairman / Vice-Chairman Ø P. S. Member Ø Sarapanch of the G. P. Ø M. Ps & M. L. As representing Block area. 11/21/2020 Ø Member of the Council of States ( in case of Registered 11

Elected Reps & Officers of the Panchayat Samiti Representatives Administrative Officials • • • Chairperson Vice-Chairperson P. S. Members & Sarapanches Standing Committees B. D. O Asst. Engineer Extension Officers / J. Es VLWs/ E. Os ü This is the middle stage of 3 tier P. R System. ü This stage maintains liason between G. P and Z. P. ü All the officers of the P. S are accountable to the Panchayat Samiti. 11/21/2020 12

Powers & Functions of Panchayat Samiti Supervision & Enforcement of Laws relating to vaccination. Planning, Execution & Supervision of Dev. Progs Imp. & Management of the subjects ( 11 th Schedule ) Management of Pry. Edn Management of Endowments/Trusts Sec – 19. 11/21/2020 Sec-20 OPS-Act Standing Committees Prep. of Plans for Social Justice & Eco Dev. Inspection & Supervision of G. Ps The Executive Authority of the Samiti is vested with the Chairman. B. D. O is the Executive Officer of the Samiti. 13

Powers & Functions of Chairman/Vice-Chairman Convene & conduct the P. S. meeting. ( Co. B Rule-1969) Signing of bills & claims exceeding Rs-2 lakhs. Verify the CB of Cash book, ( PSAP-2002 ) App of Tour Diary of BDO Rule- 11 11/21/2020 Inspect & Supervision of all works undertaken by the P. S. Sec-20 -A OPS-Act Use of Block Jeep Rule-9 Grant of leave ( OPSAOA Rule 3 -1987 ) Annual Report on the work of BDO Rule -5 14

Management of Fund • Fund is to be managed as per decision of the Gram Panchayat, Panchayat Samiti & Zilla Parishad. • However sanctioning authority is to follow prescribed guidelines for utilization of funds. • Panchayats have limited scope for utilization of fund as per own decision. Samiti Fund --: Sec -- 28 Panchayat • • • All money received by a Samiti shall constitute a fund called P. S. Fund. The fund shall be administered in accordance with the O. P. S. Accounting Procedure Rule- 2002. The B. D. O shall subject to the control of the Govt, remain in charge of the P. S. Fund administer the same as per norms prescribed. Grama Panchayat Samiti - Zilla Parishad 11/21/2020 Fundisjointlymanagedby. Sarpanchandthe. Executive Officer as per Odisha Grama Panchayat Rules. Block Development Officer responsible is for management of fund as Accounting Procedure Rule. per Panchayat Executive. Officerauthorizedtomanagethefundsasper Zilla Parishad Rule Samiti 15

Income & Expenditure of a Panchayat Samiti Sourcers of Income : Sec-29 • Funds relating to institutions and schemes transferred by the Govt. • Funds relating to the C. D Programme. • Central and State Aid. • Donation and contributions received by the Samiti. • Share of the land revenue, State taxes or fees. • Proceeds from taxes, surcharges or fees which the Samiti is empowered to levy. • Income from endowments Trusts or other Institutions administered by the Samiti Expenditure • • • 11/21/2020 Salaries and allowances of employees. Travelling Expenses incurred by the members of the Samiti for attending meeting Any item of the Expenditure directed by the Govt. for carrying out the purposes of this Act. 16

Audit • Annual Audit of the Accounts of Grama Panchayat and Panchayat Samiti is conducted by Local Fund , AG , Chartered Accountants and also by the primary stake holders through Social Audit. • Accountant General conducts test audits of accounts of Grama Panchayat and Panchayat Samiti. 11/21/2020 17

Things which matter in utilization of funds • Timely convening of Palli Sabha, Grama Panchayat Meeting, Panchayat Samiti Meeting and Zilla Parishad Meeting. • Timely approval of Projects and selection of executants at the appropriate level. • Clear Guidelines. • Adequate supporting staff. • Coordination among elected representatives, officers and public. 11/21/2020 18

Odisha Panchayat Samiti Rules 1) O. P. S. –( Administration of Affairs Rules- 1987. ) 2) O. P. S. - ( Borrowing of money and grant of Loans -1972. ) 3) O. P. S. – ( Budget Rules -1969 ) 4) O. P. S – ( Conduct of Business Rules 1969. ) 5) O. P. S – ( Constitution of Standing Committee Rules – 2002 ) 6) O. P. S. – ( Election Rules 1991. ) 7 ) O. P. S – ( T. A. Rules 1975 ) 8 ) O. P. S –( Accounting Procedure Rules – 2002 ) 11/21/2020 19

Odisha Panchayat Samiti Administration of Affairs Rules- 1987 Key Features --: • Rule – 3 - Inspection of works by the Chairman • Rule – 4 - Grant of leave of B. D. O. • Rule – 5 - Annual Report on the work of the B. D. O • Rule – 7 - Forum of the Chairman’s orders, observations and instructions • Rule– 8– Correspondence from and to the Samiti. • Rule – 9 - Tour of Chairman. 11/21/2020 20

Powers & Functions of the B. D. O See Rule -13 v. The B. D. O shall work under the control of the Chairperson of the Panchayat Samiti and shall be the Executive Officer of the Samiti. He will prepare the plan, execute and supervise all the development works under his jurisdiction. v. He will prepare the budget estimate for approval by the Samiti. v. He will remain in charge of Panchayat Samiti fund and can spend with prior approval of the Panchayat Samiti. v. All the Government grants shall be deposited in Panchayat Samiti fund and it shall be spent in 11/21/2020 proper way. 21

Power & function of BDO. . v. Submission of reports and returns to different quarters. v. To be punctual for preparation of Confidential Character Report (CCR) of his subordinates by 15 April each year and submission of Confidential Character Report of Extension Officers to their respective departments. v. To look after the proper maintenance of Service Book of all staff under his/her control. v. To attend all the Panchayat Samiti meetings and take care for correct recording of proceedings. v. Receipts and expenditures shall as per provision under law. v. To attend all correspondence on behalf of the Panchayat Samiti. 11/21/2020 22

Powers & Functions of the B. D. O. v To comply the defects pointed out during the audit of the Panchayat Samiti Accounts. v To take proper action on the misutilisation of public properties during execution of any development works. v Submission of tour programme and tour diaries of the Chairperson to the Collector, District office and Sub-collector for information. v Shall report the casual vacancy of the members of the Panchayat 11/21/2020 Samiti to the Chairperson and Collector further 23

Powers & Functions of the B. D. O. v Report the loss of life and properties during natural calamity to the Sub-collector and Collector in time and arrange for relief works for the affected people. v Inspect and supervise the work of the Grama Panchayats under Panchayat Samiti and submit the report to the Panchayat Samiti, for approval. v Take action for the works executed at the Grama Panchayat level for completion in time and shall be as per govt. instruction. 11/21/2020 24

Powers & Functions of the B. D. O. v At the same time to check the utilisation of government grants on different schemes and supervise the projects under execution. v To give technical advice to Grama Panchayat and Samiti. v To look after the measurement and check measurement done by the Technical authorities in time. v If any misappropriation or misutilization of fund found at the time of inspection or visit to the Gram Panchayat and. Samiti shall be reported to the Chairperson and Collector. 11/21/2020 v Submit the tour programme and tour diaries to the 25

Power & Functions of BDO. . . v To conduct meeting of the Extension officer, Village Level Worker/ Lady Village Level Worker at least two days in a month. v In addition to the above, BDO shall see the maintenance of vehicle, all the movable and immovable properties under control and of Panchayat Samiti. v Further , BDO is to attend any other works entrusted by the Government in Panchayati Raj Department. 11/21/2020 26

Power & Functions of ABDO See Rule-14 v The Additional BDO-Cum-Accounts Officer shall exercise the powers and discharge the duties and functions of the Block Development Officers when the BDO remains absent due to transfer, leave or any other reason. v He shall work under the administrative control of the BDO and assist the BDO in supervision of all the Welfare Schemes like NREGA, SGSY, BRGF, Gopabandhu Gramina Yojana etc. and ensure monitoring and follow up arrangement in respect antipoverty programmes in Block. 11/21/2020 27

Power & Functions of ABDO. . . v He shall conduct one half-yearly inspection of Block Office and annual inspection of the work of as many VLWs as may be specified by the BDO. v Verify the Stock and Store of Block Office at an interval not exceeding two months. v Assist the BOO in conducting regular Staff Meeting to monitor activities and progress of Extension Officers /VLWs and conduct the Staff Meeting on specified dates in absence of the BDO. 11/21/2020 28

Power & Functions of ABDO. . . v Visit each Gram Panchayat at least once annually and advice for better performance of functions assigned to the Gram Panchayat. v Functions as the Officer-in-Charge for all Social Welfare Schemes and particular in shall make every endeavour so that pensions payable to the destitute, aged, widows and disabled persons are paid to the beneficiaries punctually. v Ensure timely distribution of Salaries of Primary School Teachers and supervision of Public Distribution System. 11/21/2020 29

Power & Functions of ABDO. . . v v v 11/21/2020 Approve tour programmes and tour diaries of Village Level Workers. The power of Drawing and Disbursing Officers shall be delegated to the ABDO-Cum. Accounts Officer by the BDO so that he can function as Drawing and Disbursing Officer and double lock officers in respect of cash. He will be responsible for daily maintenance of Cash Book and Accounts. However, monthly cash verification would be done by the BDO and ABDO jointly. 30

Power & Functions of ABDO. . . v All files / case records relating to accounts shall be passed through ABDO-cum-Accounts Officer and he shall submit the utilization certificates and compile audit reports subject to over all control and supervision by the Block Development Officer. v Take up regular analysis of Cash and P. L Account of the Block. v Visit and inspect the progress of schemes and work according to the directions of the BDO. v Be in-charge of Computer Cell of the Block and will ensure daily maintenance Information Management System(MIS). v Shall perform such other duties as the Block 11/21/2020 31

O. P. S. – ( Budget Rules -1969 ) • Rule – 3 -- The B. D. O shall each year frame a budget estimate showing the probable receipts and expenditure for the following year ( Form-B-I ) • Rule – 10 – The Annual Budget prepared by the B. D. O. & approved by the Chairman shall be placed before the Standing Committee ( Planning & Finance ). By Ist Feb The P. S shall discuss and approve the budget and shall be placed before the Collector for approval by 29 th March • Rule – 16– Panchayat Samiti is not authorized to incur any expenditure not included in the Budget. • Rule – 18– Whenever the sanction of any authority is required for any proposed expenditure, such sanction is to be 11/21/2020 obtained. 32

O. P. S. - Conduct of Business Rules -1969 Panchayat Samiti Meeting Rule- 3. The meeting shall be held at the office of the Samiti. Rule- 4. Every Samiti shall meet at least once in every two months. Rule – 5 -. Notice of the meeting. ( 7 clear days ) Rule– 6. Agenda for a meeting. Rule– 8 - Convening special meeting by Chairman on requisition of 1/3 rd members. Rule– 13. Quorum 1/3 rd of the total numbers of Nonofficial members having right to vote Rule– 17. Resolution by a majority of votes of Nonofficials. Rule– 19. Minutes of the proceedings. 11/21/2020 33 Rule– 26. Orders of the day.

O. P. S. Constitution of Standing Committees Rules 2002 Rule– 3. Constitution of Standing Committee. Ø Planning , Finance, Anti-poverty Programme & Coordination. Ø Works, Irrigation, Electricity, Drinking Water Supply & Rural Sanitation. Ø P. D. S, Welfare of Weaker Section, Forest, Fuel and fodder. Ø Education, Sports and Culture. Ø Ø Agriculture, Animal Husbandry, Soil Conservation Horticulture Watershed Development & Fisheries. Health, Social Welfare including Women & Child Development. Ø Handicrafts, Cottage Industry, Khadi and Village Industry and Rural Housing. Rule - 4. Composition of Standing Committees. ( 5 for having 20 or more G. Ps/3 for less than 20 GPs ) Rule - 7 Function of Standing Committee Shall Review the matter assigned and ensure proper implementation of 11/21/2020 and 34 the Plans Projects.

O. P. S. Accounting Procedure Rules -2002 Rule – 4. Payment from the Panchayat Samiti Fund may be made by the B. D. O subject to prior approval of Chairman in absence of budget provision. Rule – 8. Withdrawal from pass Book – No amount shall be drawn unless it is necessary for immediate disbursement supported by a resolution to incur expenditure. Rule – 9. Guiding Principles for incurring Expenditure. v v v Sanctioning Officer shall ensure strict economy at every step and shall avoid extravagance. No authority shall pass an order or sanction the expenditure which will be directly / indirectly advantageous to himself. Fund shall not be utilized for the benefit of a particular person or section of the community UNLESS-: ü ü 11/21/2020 ü The amount of expenditure is insignificant or, a claim for the amount could be enforced in the Court of Law. 35 The expenditure is in pursuance of policy of the

Accounting Procedure Rules -2002 – cont. . Rule – 10. Funds shall not be diverted from one scheme to another without approval of Govt. Rule – 16. The B. D. O & Chairman shall sign the payment order where the amount exceeds Rs. 2 Lakhs. (within seven days ) Rule – 19. Limitation for payment. An order directing the payment of any claim made in a bill shall be valid for six months. Rule – 36. Up-to-date entries in the Cash Book – The cashier shall make entries with reference to supporting documents and to be checked by Accountant / Auditors. The B. D. O shall attest each entry. The Chairman may also verify the cash balance whenever he desires. 11/21/2020 36

Accounting Procedure Rules -2002 – cont. . Rule – 41. Procedure for giving Advances ü No Advance shall be given if previous advance(s) for the same work is outstanding. ü Money shall not be advanced unless there is reason to believe that the work will be completed and paid for within the same financial year. ü Officer granting advances shall be held responsible for any over payment. ü The advances granted for one purpose shall not be diverted for other purpose. ü Advances shall regularly and promptly be adjusted. ü Any unspent balance shall immediately be 11/21/2020 37

Accounting Procedure Rules -2002 – cont. . Rule – 58. Review of expenditure –The Panchayat Samiti shall send a review of expenditure in respect of various schemes for which grant-in-aid has been received in April every year. Rule – 65. Safety of Stores – The B. D, O and Storekeeper shall be responsible for the custody of stores. Rule – 67. . Purchase of Stocks, Stores and Stationeries shall be made & 68 following procedures as explained under the Rules. Rule – 69. Physical verification of stores shall be carried out at least once in each six months by the B. D. O/A. B. D, O Rule – 73. Govt may direct execution of any works of the P. S (T) Contractor, departmentally or through any other specified agency. Rule – 74. Tender invitation and acceptance – All procedures will be followed as adopted in the 11/21/2020 38 Public Works Deptt.

Accounting Procedure Rules -2002 – cont. . Rule -- 76. Technical approval Designation of Technical Officer Financial limit ( Rs ) Up to 3. 00 lakh v Junior Engineer Above 3 lakh to 6 lakh v Asst Engineer Above 6 lakh to 50 lakh v Executive Engineer Above 50 lakh to 3. 00 crore v Superintending Engineer Above 3. 00 core v Chief Engineer Administrative Approval v BDO v Chairman of P. S. v Collector 11/21/2020 Up to 10. 00 lakh Above 10 lakh to 20 lakh Above 20 lakh to 50 lakh 39

Many Thanks India reaches the people through its PANCHAYATS. Let us put our greatest endeavour and make the system GREAT. Santosh Kumar Patra 11/21/2020 Faculty, SIRD, Bhubaneswar Mob-09437423709 40 E-mail- skpatra 28@gmail. com