Transcript Slide 1

WEL-C0ME
INDUCTION TRAINING PROGRAMME
FOR THE NEWLY RECRUITED GPEOs/PAs
7/17/2015
Structure
Zilla Parishad
Panchayat Samiti
Representative
Democracy
Gram Panchayat
Gram Sabha
Palli Sabha
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Participative
Democracy
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GRAM SWARAJ
The village will be self governed, Once the
People will discuss,
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Take decision and
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Implement decision
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No external intervention.
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LEGAL FRAMEWORK
Constitution
State Act
Central Act
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73rd Amendment
PESA Act
MGNREGA Act
FRA Act
Rules
• O. Zilla Parishad Act
• O. Panchayat Samiti
Act
• O. Grama Panchayat
Act
Operational Guidelines
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Executive
Instructions
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Basics of Panchayats
Panchayats as part of Constitution through 73rd amendment
Three tier – GP, PS and ZP
Gram Sabha recognised as institution
Finance Commissions-once in five years
Election Commission –regular elections
Reservation -33% percent and OBC
District Planning Committee
29 subjects – 3 Fs –Functions/Powers, Funds and
Functionaries
• Extension to Scheduled Areas
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5.
Odisha Gram Panchayat Act - 1964
Sec – 3.
GRAM
All villages within Gram
Panchayat
Sec – 4.
GRAMSASAN
Registered Voters of all
villages
Sec -- 5.
The legal meeting by all
the voters of Grama
GRAM SABHA
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Constitution
ConstitutionofofGram
GramPanchayat
Panchayat
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A GP shall be constituted of one village or group of
contiguous villages.
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Population --- 2000 to 10000 ( 2000 to 5000 in Schedule Area )
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Wards
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Ward Members, SP,NSP
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The voter list of the Assembly constitution will be the
voter list of GP & Wards
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Term – 5 years ( from the date of 1st meeting )
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GRAM PANCHAYAT
REPRESENTATIVE OF GRAM
PANCHAYAT
FUNCTIONARIES OF GRAM
PANCHAYAT
1. Sarpanch of the Gram
Panchayat.
1. Executive Officer
2. Village Rojgar Worker
2. Naib - Sarpanch of the
Gram
Panchayat .
3. Peon/Night Watcher
3.All ward members of the
Gram Panchayat
4.Concerned ward members
(No. Voting Power)
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POWER & FUNCTIONS-GP
Plan and Implement schemes for the
• Social Justice
• Economic Development
FUNCTIONS
Obligatory
Discretionary
Obligatory Function of Gram Panchayat Sec. 44
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Construction, Repair, Maintenance and improvement of Public Streets.
Lighting, Watering and Cleaning of Public streets.
Construction, Repair, Maintenance of Drains.
Construction, Repair, Maintenance of Supply of Water.
Scavenging and Removal and Disposal of Filth.
Measures of preventing and checking of Epidemics.
Protection and Maintenance and Development of all Public Properties.
Establishment, Management and Maintenance of Common Grounds, Lands of
Common benefit.
Supervision and Maintenance of Soil Conservation works.
Regulation of Mela, Fairs and Festivals.
Implementation of Schemes for Social Justice and Economic Development.
Management of Minor Forest Produce, Small Scale Industry, Rural Housing, Poverty
Alleviation Programme, Women & Child Welfare Programme, Public Distribution
System.
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Discretionary Functions of Gram Panchayat Sec. 45
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Plantation
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Maintenance of village forest
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Management of slaughter houses
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Co-operative management
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Establishment of charity homes
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Establishment of Akharas,clubs recreation centres
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Cottage industry
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Const of Dharmasalas, Kalyan Mandaps
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Organisation of Exhibitions
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Adult education
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Prevention of gambling
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Power & Functions of GP under PESA-Act
Subject to control and supervision of the Gram Sasan, the GP
shall exercise power and perform on
 Enforcement of prohibition of the sale and consumption of any intoxicant.
 The ownership of MFPs
 Prevention of alienation of land and restoration of any unlawful alienated
land of a ST.
 Control over money lending.
 Management of village markets
 Prepare plans for economic development and social justice and
implement the schemes
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Features of PESA Sec4. Notwithstanding anything contained under Part IX of the
Constitution, the Legislature of a State shall not make
any law under that Part which is inconsistent with any
of the following features, namely:a. State legislation on the Panchayats that may be made
shall be in consonance with the customary law, social
and religious practices and traditional management
practices of community resources;
Features of PESA …..
4. b. village shall ordinarily consist of a habitation
or a group of habitations or a hamlet or a
group of hamlets comprising a community
and managing its affairs in accordance with
traditions and customs;
4.c. Every village shall have a Gram Sabha consisting
of persons whose names are included in the
electoral rolls for the Panchayat at the village
level;
Features of PESA…..
4. d. Every Gram Sabha shall be competent to
safeguard and preserve the traditions and
customs of the people, their cultural identity,
community resources and the customary mode
of dispute resolution;
Features of PESA…..
4. e. Every Gram Sabha shalli. approve of the plans, programmes and projects
for social and economic development before such
plans, programmes and projects are taken up for
implementation by the Panchayat at the village
level;
ii. be responsible for the identification or selection of
persons as beneficiaries under the poverty
alleviation and other programmes
Features of PESA…..
4. f. Every Panchayat at the village level shall be
required to obtain from the Gram Sabha a
certification of utilisation of funds by that
Panchayat for the plans, programmes and
projects referred to in clause(e);
Features of PESA…..
4. g.
the reservation of seats in the Scheduled Areas at every Panchayat
shall be in proportion to the population of the communities in that
Panchayat for whom reservation is sought to be given under Part IX of
the Constitution;
Provided that the reservation for the Scheduled Tribes shall not be
less than one-half of the total number of seats;
Provided further that all seats of Chairpersons of Panchayats at all
levels shall be reserved for the Scheduled Tribes;
4. H. the State Government may nominate persons belonging to such
Scheduled Tribes as have no representation in the Panchayat at the
intermediate level or the Panchayat at the district level: Provided
that such nomination shall not exceed one-tenth of the total
members to be elected in that Panchayat;
Features of PESA ……
4. i. the Gram Sabha or the Panchayats at the
appropriate level shall be consulted before
making the acquisition of land in the Scheduled
Areas for development projects and before resettling or rehabilitating persons affected by such
projects in the Scheduled Areas;
- the actual planning and implementation of the
projects in the Scheduled Areas shall be
coordinated at the State level;
Features of PESA…..
4. j. planning and management of minor water
bodies in the Scheduled Areas shall be
entrusted to Panchayats at the appropriate
level;
4. k. the recommendations of the Gram Sabha or
the Panchayats at the appropriate level shall be
made mandatory prior to grant of prospecting
licence or mining lease for minor minerals in
the Scheduled Areas;
Features of PESA …..
4. l. the recommendations of the Gram Sabha or
the Panchayats at the appropriate level shall be
made mandatory prior to grant of prospecting
licence or mining lease for minor minerals in
the Scheduled Areas;
Features of PESA ….
4 m. while endowing Panchayats in the Scheduled Areas with
such powers and authority as may be necessary to enable
them to function as institutions of self-government, a State
Legislature shall ensure that the Panchayats at the
appropriate level and the Gram Sabha are endowed
specifically withI.
the power to enforce prohibition or to regulate or restrict
the sale and consumption of any intoxicant;
II. the ownership of minor forest produce;
III. the power to prevent alienation of land in the Scheduled
Areas and to take appropriate action to restore any
unlawfully alienated land of a Scheduled Tribe;
Features of PESA …..
the power to manage village markets by whatever
name called;
v. the power to exercise control over money lending to
the Scheduled Tribes;
Vi the power to exercise control over institutions and
functionaries in all social sectors;
Vii the power to control over local plans and resources
for such plans including tribal sub- plans;
iv.
Features of PESA….
4.(n) The State legislations that may endow Panchayats with
powers and authority as may be necessary to enable
them to function as institutions of self –government shall
contain safeguards to ensure that Panchayats at the
higher level do not assume the powers and authority
of any Panchayat at the lower level or Gram Sabha,
GRAM PANCHAYAT MEETING Sec. 124, Rule 224-247
Time
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Once in a month.
Place
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Gram Panchayat Office.
Notice
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7 clear days
Quorum
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1/3rd of the Members.
President -
Sarapanch / Naib Sarapanch / Panel members.
Decision
Majority opinion / Casting vote.
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GRAM PANCHAYAT MEETING Sec. 124, Rule 224-247
Rule-224
- Place of meeting.
Rule-225
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Timing.
Rule-226 -
Spl Meeting
Rule-227
and 228
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Notice and its service
Rule-230
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Ouorum and adjournment.
Rule-232
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Agenda of meeting.
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FUNCTIONING OF
PANCHAYAT SAMITI
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Odisha Panchayat Samiti Act-1959
Constitution of Blocks- Sec-15
 Appointment of Addl Block Dev Officer Sec – 15-B
 Appointment of Block Dev. Officer –Sec -15-A
Constitution of Panchayat Samiti
Every Block shall have a Samiti consisting of the following members ( Sec – 16 )
 Chairman / Vice-Chairman
 P.S.Member
 Sarapanch of the G.P.
 M.Ps & M.L.As representing Block area.
 Member of the Council of States ( in case of Registered Voter of the
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Block area)
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Elected Reps & Officers of the Panchayat Samiti
Representatives
Chairperson
Vice-Chairperson
P.S.Members & Sarapanches
M.Ps & M.L.As representing Block
area.
Member of the Council of States ( in
Administrative Officials
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B.D.O
A.B.D.O
Asst. Engineer
Extension Officers / J.Es
VLWs/ E.Os
case of Registered Voter of the Block
area)
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This is the middle stage of 3 tier P.R System.
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This stage maintains liason between G.P and Z.P.
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All the officers of the P.S are accountable to the Panchayat Samiti.
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Powers & Functions of Panchayat Samiti
Supervision & Enforcement of Laws
relating to vaccination.
Planning, Execution &
Supervision of Dev.Progs
Imp.& Management of the
subjects ( 11th Schedule )
Management of Pry.Edn
Management of
Endowments/Trusts
Sec-20
OPS-Act
Standing Committees
PESA AREA
Prep.of Plans for Social
Justice & Eco Dev.
Inspection &
Supervision of G.Ps
Control & Supervision over Institutions &
functionaries of social sectors. Prep of Tribal sub-plan
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– 19.
The Executive Authority of the Samiti is vested with the Chairman. B.D.O is31 the
Executive Officer of the Samiti.
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 )
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O.P.S.- Conduct of Business Rules -1969
Panchayat Samiti Meeting –Sec-18 OPS Act-1959
Rule- 3. The meeting shall be held at the office of the Samiti.
Rule- 4. Every Samiti shall meet at least once in every two
months.
Rule – 5-. Notice of the meeting. ( 7 clear days )
Rule– 6. Agenda for a meeting.
Rule– 8- Convening special meeting by Chairman on
requisition of 1/3 rd members.
Rule– 13. Quorum 1/3 rd of the total numbers of Non-official
members having right to vote
Rule– 17. Resolution by a majority of votes of Non-officials .
Rule– 19. Minutes of the proceedings.
Rule– 26. Orders of the day.
Rule– 27 to 29. Resolution ( Decorum )
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Rural Development vis-a-vis Panchayati Raj
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India reaches the people through its
Panchayats. Let us put our greatest
endeavour and make the system reaching
every rural household .
Santosh Kumar Patra
7/17/2015
Faculty,SIRD,Bhubaneswar
Mob-09437423709
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E-mail- [email protected]