Gram Panchayat Ni Ghardiwadi

Here is a comprehensive summary of the Jain text "Gram Panchayat ni Ghardiwadi" (A Guide to the Gram Panchayat), authored by T. U. Mehta and Ramesh M. Shah, published by Gujarat Panchayati Raj Vikas Sangathan, Ahmedabad.

Book Title: Gram Panchayat ni Ghardiwadi (A Guide to the Gram Panchayat) Authors: T. U. Mehta, Ramesh M. Shah Publisher: Gujarat Panchayati Raj Vikas Sangathan, Ahmedabad Publication Year: 1995

This book serves as a concise guide to the functioning and responsibilities of the Gram Panchayat (Village Panchayat) in Gujarat, India, particularly in the context of the Gujarat Panchayat Act of 1993, which incorporated significant changes following the 73rd Constitutional Amendment. The guide is intended for new members and office bearers of Gram Panchayats, as well as for voluntary organizations interested in the development of Panchayati Raj.

Key Themes and Content:

1. Introduction and Context:

   • The book begins by acknowledging the implementation of Panchayati Raj in Gujarat in 1963 under the Gujarat Panchayat Act, 1961.
   • It highlights the crucial amendments made by the Gujarat Panchayat Act, 1993, in alignment with the 73rd Constitutional Amendment.
   • A significant focus is placed on the reservation system:
     • One-third of seats and chairperson positions are reserved for women across all three tiers (Village, Taluka, and District Panchayats).
     • Seats are reserved for Scheduled Castes (Harijans) and Scheduled Tribes (Adivasis) in proportion to their population.
     • 10% of seats are reserved for Socially and Educationally Backward Classes (Baxi Panch).
   • The introduction notes the unprecedented situation of women and backward classes taking on leadership roles in Panchayats, emphasizing that this guide is designed to assist these new office bearers and members in their duties.
   • It aims to provide simplified explanations of legal provisions for everyday use, advising consultation of the specific legal clauses and experts for final decisions.

2. Inter-relationship in the Three-Tier Structure:

   • The book details the hierarchical relationship between the Gram Panchayat, Taluka Panchayat, and District Panchayat.
   • It provides examples of how Gram Panchayats are subordinate to Taluka and District Panchayats, with provisions for appeals and approvals required from higher tiers for certain actions (e.g., medical or educational expenditure, property transactions, building permits, tax increases).

3. Reservation System:

   • For Women: It elaborates on the reservation of one-third seats and chairperson positions for women at all three levels. It clarifies how these reservations are applied to general seats and seats reserved for SC/ST and BC, ensuring that a portion of the reserved seats within those categories also go to women of those categories.
   • For Backward/Dalit Classes: It explains the reservation of seats and chairperson positions for SC/ST (proportionate to population) and BC (10%) across all three tiers. It also details how these reserved positions rotate among different wards/Panchayats.

4. Qualifications and Disqualifications for Membership:

   • Qualifications: Candidates must be listed in the Panchayat's voter list and be at least 21 years old.
   • Disqualifications: A comprehensive list of disqualifications is provided, including being convicted of certain offenses (untouchability, prohibition), serving imprisonment, mental instability, insolvency, removal from a previous Panchayat post, having financial interests in Panchayat contracts or employment (with some exceptions), being a foreign national, and failing to pay Panchayat dues.

5. Administrative Powers and Duties of the Gram Panchayat:

   • The Gram Panchayat is responsible for implementing various provisions outlined in Schedule 1 of the Panchayat Act, focusing on local needs and financial capacity.
   • Key duties include providing healthcare, social, economic, and cultural welfare, education (including secondary), ensuring clean drinking water, village sanitation, and street lighting.
   • It can undertake expenditure outside its jurisdiction for education or medical aid with prior District Panchayat approval.
   • The Panchayat has the power to contribute to public gatherings, report land cultivation damage to authorities, and implement government orders for the upliftment of SC/ST and removal of untouchability.
   • It has the authority to effect compromises in claims.
   • It can conduct local inquiries as ordered by a Magistrate and submit reports on maintenance applications.

6. Management of Assigned Institutions:

   • The Gram Panchayat can manage institutions assigned to it by the Taluka or District Panchayat, provided it agrees to do so. Funds for these institutions must be provided by the assigning Panchayat.

7. Control over Building Construction:

   • No construction can be undertaken without prior Panchayat permission.
   • If the Panchayat doesn't decide within one month, permission is presumed.
   • Appeals against denial of permission can be made to the Taluka Panchayat within 30 days.
   • Construction must start within one year of permission.
   • Unauthorized construction can be fined (up to Rs. 200) and may be liable for demolition.
   • These regulations do not apply to buildings for public purposes or government/local authority properties.

8. Encroachments on Public Places:

   • Unauthorized construction, placement of objects, or obstructions on public roads, drains, or water channels are subject to removal.
   • Penalties apply for unauthorized removal of soil, sand, or other materials.
   • Temporary structures for festivals can be permitted for up to seven days.
   • Difficult encroachments can be reported to the Taluka Development Officer for action.

9. Recovery of Rent for Unauthorized Occupation:

   • Individuals occupying Panchayat property without authorization can be charged rent up to four times the normal rate, along with other penalties.

10. Numbering of Premises:

    • Panchayats can compel owners to number their buildings and recover associated costs.

11. Other Powers, Rights, and Duties of the Gram Panchayat:

    • Budgeting: The Panchayat prepares and approves its annual budget, which requires scrutiny by the Taluka Panchayat. It also prepares revised and supplementary budgets.
    • Development Programs: Gram Panchayats suggest local development programs to the Taluka Panchayat.
    • Taxation: The Panchayat has the power to impose and collect taxes, fees, and cesses, including property taxes, with the ability to offer reduced rates for SC/ST.
    • Recovery of Dues: The Panchayat can seize and auction movable property for unpaid taxes without needing a civil suit.
    • Leave for Members: The Panchayat can grant leave of absence to its members for up to four months.
    • Invited Members: The Panchayat can invite up to two guests to its meetings, who can speak but not vote.
    • No-Confidence Motion: A motion of no-confidence against the Sarpanch or Upsarpanch requires the support of two-thirds of the total members.
    • Resignation: The Panchayat can accept the resignation of the Upsarpanch.
    • Committees: The Panchayat must form a mandatory Social Justice Committee and can optionally form an Executive Committee and other committees.

12. Panchayat Property and Fund:

    • Property: The state government can transfer land, ponds, wells, etc., to the Panchayat under certain conditions. The government can also resume property for public purposes, compensating the Panchayat for improvements.
    • Transfer of Property: Disposal of immovable property requires prior approval of the competent authority, unless the lease period is less than three years.
    • Village Fund: A "Village Fund" is established, comprising all Panchayat income from taxes, fees, grants, loans, sale of waste, gifts, etc.
    • Fund Utilization: Funds must be used for the purposes of the Act, and surplus funds can be invested. Loans and their interest have the first charge on the Village Fund.
    • Disputes: The Collector resolves disputes regarding Panchayat claims or claims against the Panchayat, with appeal provisions.
    • District Development Fund: Each Gram Panchayat contributes up to 10% of its income to the District Development Fund.

13. Annual Budget:

    • The Panchayat must prepare and submit its annual budget to the Taluka Panchayat for scrutiny by a specified date. The Taluka Panchayat provides recommendations, and the Gram Panchayat approves the budget by March 31st. Failure to do so can lead to the government deeming the Panchayat incapable of fulfilling its duties.

14. Revised/Supplementary Budget and Urgent Expenses:

    • Revised or supplementary budgets can be prepared and submitted for scrutiny.
    • Urgent expenses beyond sanctioned amounts require specific justification to the Taluka Panchayat.

15. Income-Expenditure Accounts and Administrative Report:

    • The Panchayat must maintain accounts in the prescribed format and prepare an annual administrative report.

16. Audit:

    • Panchayat accounts are audited under the Gujarat Local Fund Audit Act, 1962. Audit notes must be addressed, and reports submitted to the Taluka Panchayat. The Collector reviews these reports and can impose surcharges for irregularities, with appeal options to the District Court.

17. Constitution of Committees:

    • Executive Committee: Optional, five members (including one SC/ST and one woman), tenure of two years.
    • Social Justice Committee: Mandatory, 4-6 members (all SC/ST, including one Bhangi and one woman), tenure same as the Panchayat. Its duties include providing social justice to weaker sections, land, loans, financial aid, education, and investigating discrimination.
    • Other Committees: Panchayats can form other committees with prior government approval.

18. Powers, Rights, and Duties of the Sarpanch:

    • The Sarpanch holds executive authority for implementing Panchayat resolutions and Act provisions.
    • Powers: Presiding over Panchayat and Gram Sabha meetings, controlling Panchayat staff, sanctioning incidental expenses up to Rs. 50, safeguarding Panchayat funds, administering the fund, signing checks, obtaining refunds, preparing reports, presiding over the first meeting for Upsarpanch election, accepting member resignations, and having a casting vote.
    • Duties: Preparing tax assessment lists, facilitating tax collection and recovery, securing grants and loans for development, mobilizing public contributions, implementing welfare schemes, overseeing sanitation, water supply, and lighting, and maintaining Panchayat property.

19. Powers, Rights, and Duties of the Upsarpanch:

    • The Upsarpanch presides over meetings in the Sarpanch's absence and exercises the Sarpanch's powers and duties when the Sarpanch is absent for more than fifteen days or incapacitated.

20. Gram Sabha:

    • Defined as an institution of voters registered in the Panchayat area.
    • It reviews the Panchayat's annual accounts, administrative report, and audit details, providing suggestions that the Panchayat should consider (though not binding).
    • Gram Sabhas should meet at least twice a year, with special meetings possible.
    • The Sarpanch or Upsarpanch presides over Gram Sabha meetings.

21. Cattle Pound:

    • Panchayats must designate public grounds for cattle pounds and appoint pound keepers.
    • Stray cattle impounded can be released upon payment of fees and charges. If unclaimed or unpaid for, cattle can be auctioned. Buyers are restricted (pound keepers, Panchayat members, staff, police). Owners can complain to the Magistrate about wrongful impounding.

22. Functions and Duties of the Panchayat Secretary (Talati-cum-Mantri):

    • Under the Sarpanch's control, the Secretary maintains records, receives and issues receipts for money, prepares reports, and performs other duties as per the Act.
    • Legal Duties: Voter list preparation, publication of election notices, reporting vacancies.
    • Meeting Related Duties: Facilitating committee formation, approving financial transactions, preparing agendas, issuing notices, attending meetings, providing information, recording proceedings, publishing decisions, and maintaining attendance registers.
    • Accounting Duties: Maintaining accounts, managing the fund, preparing budgets, processing vouchers, collecting dues, and completing audit rectifications.
    • Administrative Duties: Managing correspondence, maintaining attendance and stock registers, supervising staff, and preparing annual reports.

23. Sarpanch's Control over Panchayat Secretary:

    • The Sarpanch supervises the Secretary and other staff, issuing necessary orders.
    • The Sarpanch must ensure the Secretary resides in their designated village and report any irregularities or absence from duty to the Taluka Development Officer.
    • The Sarpanch grants casual leave to the Secretary and is responsible for writing the Secretary's confidential annual report.

24. Procedure for Convening Panchayat Meetings:

    • Meetings can be ordinary (monthly) or special (urgent).
    • Notices must include date, time, place, and agenda, prepared in consultation with the Sarpanch.
    • A minimum notice period (5 clear days for ordinary, 2 clear days for special meetings) is required.
    • Notices must be displayed at the Panchayat office and delivered to members.

25. Conduct of Meetings:

    • The Sarpanch presides, followed by the Upsarpanch or a member chosen by the attendees.
    • Quorum: One-third of the total members (including the Sarpanch) constitutes the quorum. If quorum is broken, the meeting is adjourned for an hour and rescheduled. Adjourned meetings can proceed without quorum.
    • Meetings are generally open to the public.
    • The order of business typically includes approval of previous minutes, action taken on resolutions, resolutions, financial statements, progress reports, budget/plans, government communications, and other matters.
    • Decisions are ideally made by consensus, otherwise by majority vote. Secret ballots can be used if decided by the majority.
    • The presiding officer can adjourn disruptive meetings, and disruptive members can be removed by a three-fourths majority vote.

26. Financial Management:

    • Lists the sources of income for Gram Panchayats (taxes, fees, grants, loans, rent, etc.).
    • Details various government schemes (Central and State) for rural development, including those from the District Rural Development Agency, District Planning Board, Tribal Area Sub-Plan, SC/ST Corporations, Women's Development Corporation, and voluntary sector initiatives (CAPART). It encourages contacting the Taluka Panchayat for guidance.

27. Steps for Women Sarpanches:

    • Provides specific advice for women Sarpanches, acknowledging the challenges they face in a male-dominated society.
    • Suggestions include:
      • Setting convenient meeting times and dates.
      • Forming a group with other women members for mutual support.
      • Maintaining contact with village women's groups (Mahila Mandals) and youth groups (Yuvak Mandals).
      • Acquiring knowledge of Panchayat administration and finances.
      • Attending training programs.
      • Pursuing basic literacy if uneducated.

28. Role of Voluntary Organizations:

    • Highlights the importance of voluntary organizations in promoting healthy Panchayati Raj development.
    • Suggests that larger organizations should conduct awareness campaigns to foster an environment where women and backward classes can effectively participate, challenge male dominance, and reduce caste-based biases.
    • Emphasizes leveraging women's nurturing qualities and organizational skills.
    • Voluntary organizations should provide necessary training to elected women and backward class members.
    • They should assist in forming local women's and youth groups and create organizations to support Panchayat office bearers at various levels.
    • Local groups can offer practical support to women Sarpanches and members, helping them navigate male dominance within the Panchayat.

29. List of Voluntary Organizations Interested in Panchayati Raj Development:

    • A list of various NGOs in Gujarat active in Panchayati Raj development is provided.

30. Suggestions to the Government:

    • Addresses the need for changes due to the increased presence of women and backward classes in leadership.
    • Official Visits: Government officials (like TDOs) should schedule visits during convenient daytime hours for women Sarpanches, avoiding night stays where their presence might be difficult.
    • Administrative Convenience: Women Sarpanches should not be unnecessarily summoned to Taluka headquarters.
    • Recruitment: The government should launch a campaign to recruit women as Talati-cum-Mantris to ensure women Sarpanches have female counterparts to interact with.
    • Law and Order Support: Arrangements should be made for police assistance to women Sarpanches if members attend meetings under the influence of alcohol or if conflicts arise with conservative community leaders.
    • Financial Support: The state government should directly pay the salaries of Talati-cum-Mantris from its own funds, rather than deducting from Panchayat grants.
    • Financial Support to NGOs: The government should financially support NGOs for awareness campaigns and training programs for elected representatives.

31. Suggestions for Fundamental Changes in the Law:

    • Argues that the current law doesn't grant true self-governance but positions Panchayats as agents for implementing government schemes.
    • Key Proposals:
      • Grant full administrative rights over local natural resources (land, water bodies, forests, grazing lands) to the Gram Sabha.
      • Gram Panchayat should function under the directives of the Gram Sabha for day-to-day administration.
      • A significant portion of tax revenue collected from rural areas should be given to Panchayats for discretionary spending on development.
      • The power of the Development Commissioner to supersede or dissolve Panchayats should be removed.
      • Powers related to suspending or removing office bearers and resolving election disputes should be vested in a judicial tribunal (Divisional Tribunal and State-level Tribunal) rather than administrative officials, to prevent misuse and centralization of power.
      • The Development Commissioner should not have the power to supersede or dissolve Panchayats; this authority should rest with the State-level Tribunal.
      • The practice of issuing extensive government notifications that grant powers to officials and centralize authority should be curtailed to foster healthy and strong Panchayati Raj.

32. Schedule 1 of the Panchayat Act:

    • This section meticulously lists the mandatory duties and responsibilities of Gram Panchayats, covering areas such as:
      • Health: Water supply, sanitation, public health, dispensaries, disease control, maternity and child welfare, vaccination, regulation of hazardous trades.
      • Sanitation: Cleaning public places, drains, roads, removal of waste, providing latrines, controlling stray animals, fire prevention.
      • Public Works: Construction and maintenance of roads, bridges, culverts, markets, bathing ghats, wells, ponds, street lighting, providing residential quarters for staff.
      • Education and Culture: Promoting education, establishing playgrounds, clubs, promoting prohibition, eradicating untouchability, adult education, providing school buildings and materials, organizing cultural programs.
      • Self-Defense and Village Protection: Crop protection, village volunteer forces, training youth in self-defense, fire fighting.
      • Planning and Administration: Village development planning, land reform assistance, employment generation, budget preparation, fund management, tax collection, maintenance of records, birth/death registration, numbering houses, disaster relief.
      • Agriculture and Animal Husbandry: Improving agriculture, promoting fertilizers, better seeds, farm implements, cooperative farming, irrigation, protection of common lands and trees, livestock improvement, dairy industry promotion.
      • Village Industries: Assessing industrial potential, promoting cottage industries, artisans, and traditional crafts, providing modern tools and training, organizing village industries on a cooperative basis.
      • Land Revenue Collection: Collecting land revenue as authorized by the state government.

33. Summary of a Memorandum:

    • Recounts a memorandum submitted by the Gujarat Panchayati Raj Vikas Sangathan to the Chief Minister during the 1993 Act amendment process.
    • Key recommendations included: strengthening Gram Sabha with budgetary approval powers, direct election of Sarpanch by all village voters, non-party-based Panchayat elections, a system where the Election Commission handles election expenses from a fund, introducing "none of the above" voting options, the right to recall elected members, disqualifying candidates based on religion/caste, a three-member Election Commission, increased reservation for women (40%), a functional Finance Commission, a Panchayat Service Commission, and a judicial "Nyay Panchayat" at the Taluka level for resolving minor disputes and cases, expanded to include offenses like gambling and liquor distillation.

34. Pledge for Gram Panchayat Office Bearers and Members:

    • Concludes with a pledge for elected members to make their villages beautiful, focus on the development and fair treatment of weaker sections, support smaller villages within a group Panchayat, view their role as service rather than power, administer impartially, avoid corruption, and work towards making the Gram Sabha a vibrant source of collective aspiration and effort.

In essence, "Gram Panchayat ni Ghardiwadi" is a practical, law-focused guide that serves as an essential manual for understanding the framework and responsibilities of the Gram Panchayat system in Gujarat, with a particular emphasis on the inclusive and empowering provisions introduced by the 1993 Act.