Role of Institutional framework envisaged in the 74th and 73rd amendment
#1

Constitution amendment envisaged three type of bodies

1.       Institution elected by local people to serve the local people
a.       Panchayat
b.      Gram sabha
c.       Municipality
d.      Ward committee
2.       Institution for planning  development at region level
a.       District planning committee
b.      Metropolitan planning committee
3.       Institution for financial management at state level
a.       State Finance commission 


1. Role of Panchayat 

Panchayat means an institution constituted under article 243B
Function as institute of local government
(a)  The  preparation  of plans for economic  development  and  social justice
(b) The implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
1.       Agriculture, including agricultural extension.
2.       Land   improvement,   implementation of   land   reforms,   land consolidation and soil conservation.
3.       Minor irrigation, water management and watershed development.
4.       Animal husbandry, dairying and poultry.
5.       Fisheries.
6.       Social forestry and farm forestry.
7.       Minor forest produce.
8.       Small scale industries, including food processing industries.
9.       Khadi, village and cottage industries.
10.   Rural housing.
11.   Drinking water.
12.   Fuel and fodder.
13.   Roads, culverts, bridges, ferries, waterways and other means  of  communication.
14.   Rural electrification, including distribution of electricity.
15.   Non-conventional energy sources.
16.   Poverty alleviation programme.
17.   Education, including primary and secondary schools.
18.   Technical training and vocational education.
19.   Adult and non-formal education.
1.       Libraries.

2.       Cultural activities.
3.       Markets and fairs.
4.       23.  Health  and  sanitation,   including  hospitals,  primary  health centres and dispensaries.
5.       Family welfare.
6.       Women and child development.
7.       Social welfare, including welfare of the handicapped and mentally retarded.
8.       Welfare  of  the  weaker sections, and  in  particular,  of  the Scheduled Castes and the Scheduled Tribes.
9.       Public distribution system.
10.   Maintenance of community assets.".

2 Role of Gram sabha 
Gram sabha means an institution constituted under article 243A
Function as legislature of village
As per Rajasthan Panchayati Raj Act, 1994 Under section 8E. Functions of the Gram Sabha.- The Gram Sabha shall, subject to such conditions and upto such extent and in such manner as may be specified by the State Government from time to time, perform the following functions:-
(a)    approve the plans, programmes and projects for social and economic development in order to priority from out of the plans, programmes and projects approved by the Ward Sabha before such plans, programmes and projects are taken up for implementation by the Panchayat;
(b)   identification or selection of persons as beneficiaries under the poverty alleviation and other programmes, in order of priority out of the persons by the various Ward Sabha coming under its jurisdiction;
©    obtaining a certificate from the Ward Sabha concerned that the Panchayat has correctly utilized the funds provided for the plans, programmes and projects referred to in Clause (a) which have been expended in the area  of the Ward Sabha;
(d)   exercise social audit in respect of plots allotted to the weaker sections;
(e)   formulating and approving development plans for Abadi lands;
(f)     mobilizing voluntary labour and contribution in kind or cash or both for the community welfare programmes;
(g)    promoting literacy, education, health and nutrition;
(h)   promoting of unity and harmony among all sections of the society in such area;
(i)       seeking clarifications from the Sarpanch and members of the Panchayat about any  particular activity, scheme, income and expenditure;
(j)      identification and approval of development works in order of priority from out of the works recommended by the Ward Sabha;
(k)     planning and management of minor water bodies;
(l)      the management of minor forest produce;
(m)  control over institutions and functionaries in all social sectors;
(n)    control over local plans and resources for such plans including tribal sub-plan;
(o)   consider and approve the recommendations made by each Ward Sabha in the area of such Panchayat Circle;
(p)   and such other functions as may be prescribed.

3 Role of municipality
Municipality means an institution constituted under article 243Q
Function as institute of local government in urban area
(i)  the  preparation  of plans for economic  development  and  social justice;
(ii) the performance of functions and the implementation of schemes as may  be  entrusted to them including those in relation to the  matters listed in the Twelfth Schedule;
1.       Urban planning including town planning.
2.       Regulation of land-use and construction of buildings.
3.       Planning for economic and social development.
4.       Roads and bridges.
5.       Water supply for domestic, industrial and commercial purposes.
6.       Public health,  sanitation conservancy and solid  waste  management.
7.       Fire services.
8.       Urban  forestry, protection of the environment and  promotion  of     ecological aspects.
9.       Safeguarding the  interests  of    weaker  sections  of  society,  including the handicapped and mentally retarded.
10.   Slum improvement and upgradation.
11.   Urban poverty alleviation.
12.   Provision of  urban  amenities and facilities  such  as  parks,      gardens, playgrounds.
13.   Promotion of cultural, educational and aesthetic aspects.
14.   Burials and burial grounds;   cremations, cremation grounds  and  electric crematoriums.
15.   Cattle pounds;  prevention of cruelty to animals.
16.   Vital statistics including registration of births and deaths.
17.   Public  amenities  including street lighting, parking  lots,  bus  stops and public conveniences.
18.   Regulation of slaughter houses and tanneries.''.


4 Role of Ward Committee

Wards Committees is constituted under section 243S, consisting of one or more wards,  within  the  territorial  area  of  a   Municipality  having  a population of three lakhs or more.
1.       Ward Committees with powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them
2.       Function in relation to the matters listed in the Twelfth Schedule.
 
5 Role of District Planning Committees (DPC) :
Articles 243ZD specifies the creation of a Committee for District Planning in each district,
1.       provide overall leadership to the district planning process;
2.       Lead the process for creating a vision for the district;
3.       Setting district priorities on the basis of consensus among local-governments, line departments, civil society, academia and other stakeholders in development;
4.       During the process of consolidation, review master plans of local governments and development departments, particularly to ensure that these address the district vision as a whole without overlap or duplication;
5.       Prepare the Potential Linked Credit Plan (PLCP) for the district, with the support of the National Bank for Agricultural and Rural Development (NABARD); and,
6.       Oversee the participative planning process of the district development plan, to ensure that timelines are followed.

6 Role of Metropolitan Planning  committee (MPC )
Articles 243ZE specifies the creation of a Committee for Metropolitan Planning in every metropolitan area (defined to be an area at least ten lakhs populations across f two or more Municipalities or Panchayats or other contiguous areas as specified by the Governor
DPCs and MPCs are similar in design, but serve different types of population centres.  DPC have more rigorously defined jurisdictions consistent with India’s district-based administrative structure. In contrast, MPC is based on actual urban growth, and therefore, its boundaries will be more amorphous over time.  Hence, an MPC could theoretically cut across multiple districts. These committees formally recognize the emerging need of institutional arrangements for planning at the appropriate spatial level. They serve as a platform for coordination between local aspirations and common issues of development.

7 Role of State Finance Commission (SFC )

Article 243Y of the Constitution provides that a Finance Commission should be constituted, as defined by article 243 I,  to review the financial position of Municipalities and  Panchayats. Based on its review, the State Finance Commission (SFC) should
1.       make recommendations to the Governor about the distribution of revenue between the State and Municipalities including proceeds of taxes, duties, tolls and fees.
2.       As part of this, the SFC can recommend the assignment of new fiscal authority to Municipalities
3.       better designs of grants-in-aid from the state in order to improve the financial position of the Municipalities.
4.       The Commission shall also suggest measures needed to strengthen the financial position of Panchayats and Muncipalities with special reference to-
a.       The potential for Local Governments to raise funds from financial institutions and the market, and to suggest a framework for realising this potential.
b.      Improving the quality of upkeep of assets owned by Local Governments as well as those transferred to Local Governments.
c.       Rationalizing of taxes and revenues now collected by Local Governments.
d.      Achieving economy and efficiency in expenditure by Local Governments.
e.      Providing incentives for higher own resource mobilization by the Local Governments.
f.        Maintaining a proper fiscal data base relating to Local Governments.
g.       Putting in place measures required for improving the capacity of financial management by Local Governments.
h.      Improving monitoring of the fiscal performance of the Local Governments.

Manish Jain Luhadia 
B.Arch (hons.), M.Plan
Email: manish@frontdesk.co.in
Tel: +91 141 6693948
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