The Government decided to change the name of the Local Administration
Department into the Department of Local Self-government.
For administrative convenience, the Rural Development Department
was merged with the department of Local Self-government
and for the urban administrative matters special arrangement
was made in the Secretariat. The difference between urban
and rural areas is very little in Kerala. So the activities
of the Department of Urban Planning were extended to rural
areas and the name of the department was changed into "Town
and Country Planning". The activities of the development
agencies were also made efficient. A lock-stock and barrel
change was made in the Urban Development Financial Corporation
and the Rural Development Board. With a view to solving
the urban problems on a time bound footing, schemes were
chalked out and importance was given to the eradication
of solid waste and the development of infrastructure. There
are 1214 local self government bodies. That the State administration
could effectively be transformed from centralized to decentralised
administration, and importance was given to people's participation
in the administration and development sectors were silent
revolution, which took place in Kerala. The Government transferred
about 40% of the plan outlay to the local self-government
bodies.
For eradicating all the overt traces of poverty from the
State within 10 years, the self-help groups of women were
organised under, the Kudumbashree project. This project
aims at the all round development of the people of below
poverty line. Kudumbashree has attracted national level
attention. Similarly the bio-development project to restore
the bio-variety and the dense forests wealth at Attappady
area in Palakkad district has also drawn national level
attention.
Power
and Planning into People The
administration and planning systems the world over are,
in general, centralised. But this system is suitable for
small countries, it is not fitting and proper for India,
a subcontinent like country. When we think of an alternative
plan to find solutions to the common problems of the people,
the infinite possibilities of decentralisation of power
and planning loom large before us. To make basic changes
in the existing administrative system which is deep-rooted
is not an easy thing. The Government realised that the existing
local government bodies without being changed into local
self-government bodies (having right to self-govern) an
attempt to have a transfer of power will be quite futile
and meaningless. It is on the basis of that Government decided
to decentralise power and planning.
The
Panchayat Raj-Municipality Act on the basis of 73 rd and
74th amendments of the Constitution came into force in the
State on 23-4-1994 and 30-5-1994 respectively. As per the
provisions made in the Act a number of powers and responsibilities
and projects of the Government were transferred to the local
self-governments with effect from October 2, 1995. Along
with them, the service of the concerned officers was transferred
to the local self-government bodies.
Performance
Audit
It was part of
the steps taken on decentralization of power from 1997-98
more funds than those of the previous years were sanctioned
to the local self-government bodies. This sanctioning of
more funds necessitated the strengthening of audit arrangement.
In the light of this, in the local self-government bodies,
new audit system (performance cum corrective audit) was
implemented. It aims at the quarterly review of the administrative
measures. By means of performance audit, irregularities
are detected. And it gives chances to avoid such irregularities
and remedy the avoidable errors.
It
was deploying employees from the Secretariat and Panchayat/
Municipal Departments the performance audit teams were organized.
By organizing Performance Audit Teams the beginning of the
implementation of the idea of deployment of the officials
could be made. The Government have decided to appoint an
official not below the rank of a Deputy Account General
as the State Performance Auditor. Comprehensive Amendment
Act
As
per the recommendations of the Power Decentralization Committee
the State Government amended the Kerala Panchayat Act and
the Kerala Municipality Act. The amendments made helped
to exercise the transferred powers completely. The amendments
are as follows:
It
was deploying employees from the Secretariat and Panchayat/
Municipal Departments the performance audit teams were organized.
By organizing Performance Audit Teams the beginning of the
implementation of the idea of deployment of the officials
could be made. The Government have decided to appoint an
official not below the rank of a Deputy Account General
as the State Performance Auditor. Comprehensive Amendment
Act
As
per the recommendations of the Power Decentralization Committee
the State Government amended the Kerala Panchayat Act and
the Kerala Municipality Act. The amendments made helped
to exercise the transferred powers completely. The amendments
are as follows:
Grama Sabhas/Ward Sabhas
It
is provided in the Act the grama sabhas in the Panchayat
should meet at least once in three months and the meeting
of the quorum should be 10%. The powers and duties of the
sabha have been increased. As in the grama sabhas of the
panchayats, in municipalities where the population is less
than 1 lakh, there is provision for forming ward sabhas
in each ward. The grama sabhas/ward sabhas have power to
discuss budget, Audit report, plan documents, estimate of
public works.
Number of Members
With
a view to activating the grama/ward sabhas and increasing
the number of members in the standing committee and thereby
decentralise the administrative responsibility, the number
of members of grama/block panchayats was raised from 10%
to 20%, and that of the district panchayats from 15 to 30%
and the municipalities from 20 to 50% and corporation from
50 to 100%.
Disqualification
of the Members Persons convicted for corruption are disqualified
to contest election. The Panchayat/municipal members thus
convicted would forfeit their membership. The defected members
would also lose their membership. The persons who are responsible
for the financial loss of the local self-government bodies
and misutilisation of fund and who have not convened grama
sabhas within the stipulated period shall lose their membership.
MLAs and MPs shall not become members of the local self
government bodies. The forfeiture of the membership shall
ultimately be decided by the State Election Commission.
The power to remove the members vested with the Government,
is taken away.
President/Chairperson
Provision
is also made that Panchayat president/municipal chairperson
shall be a full time member. They are empowered to suspend
any other person, subject to enquiry, under the local self-governments
bodies.
No
Confidence Motion
The
procedure regarding no confidence motion is made transparent.
As soon as no confidence motion is carried, the concerned
president/vice president shall be deemed to have demitted
the office.
Property
Statement of the Members
It
is provided that the elected members of the panchayats/
municipalities shall give statement regarding their property.
Standing
Committees
In
grama/block panchayats three each and in district/municipal
councils 5 each and in corporation 7 each standing committees
are constituted. Government Control
Restrictions
are placed in Government's power to adjourn and to cancel
Panchayat/municipal resolutions. The Government cannot cancel
any resolution without ascertaining the opinion of the ombudsman
or Appellate Tribunal for the local self-government.
Administrative
Reports
It
is stipulated that the annual administrative reports of
the panchayats/municipalities should be published.
Dissolution
Control
was placed on the power of the Government to dissolve panchayat/municipal
councils. Only after ascertaining the opinion of the ombudsman
can the panchayat/municipal councils be dissolved.
Grants
It
is also provided in the act that grant should be given to
the local self government bodies according to the specific
yardsticks. In this matter an annual report should be submitted
to the Governor and a copy be placed before the Assembly.
The land revenue amount used to be given only to the panchayats
is now shared with block/district panchayats also.
Right
to information
It
is provided that the people have the right to know the full
information regarding the administration of the local self-government
bodies and withholding of information is made punishable.
The procedure to get information is also provided.
Ombudsman
A
permanent committee, headed by a Judge of the High Court
(whether serving or retried), consisting of two District
Judges, two top Government officials, two respectful public
men was coming into existence. The Ombudsman has a lot of
power and responsibilities. As part of financial austerity
measures ombudsman is now made into a one -member forum.
Appellate Tribunal
In
one place or more an officer of the status of District Judge
is going to be appointed as the appellate tribunal to hear
the appeal/ revision petition filed by the public on the
orders issued by the grama sabhas and municipal councils
exercising regulatory powers. Public Documents
District
Planning Committee
The
District Planning Committee is clothed with powers to examine
and propose changes in the draft for development projects
prepared by the panchayats and municipalities. The Government
is to consider the proposals and priorities in the draft
prepared by the District Panchayat Committee when the State
Plan is prepared. The District Planning Committee has power
to monitor and evaluate the implementation of the Plan.
State
Development Council
A
State Development Council with the Chief Minister as chairman,
members of the cabinet and opposition leader as vice chairmen,
District Planning Committee Chairmen, Panchayat/municipal
representatives etc as members has been constituted.
The
Revised Public Works Rules
About
the public works of the local self government bodies allegation
have been raised at all times. Revised rules favourable
to understand and implement public works of the local self
government bodies not leaving room for such allegations
and corruption and unnecessary expenditure have been issued
by now. In all matters transparency has been ensured. Each
item of work is subject to the scrutiny of village assembly/ward
assembly. These rules provide facilities to the rural beneficiaries
to take up work at low cost, avoiding contractors.
Power
Decentralisation Act
The
amendments to the Panchayat Raj/Municipal Act passed by
the Legislative Assembly in February 1999 were intended
to strengthen the power decentralisation process and to
expand the powers and responsibilities given to the three-tier
system as per the 73rd and 74th amendments in the Constitution.
It is to smoothen the decentralisation of power based on
the amended Act that the Government tried to amend 35 more
acts which have inseparable relation with the functioning
of the local self governments. With these amendments, the
power decentralisation process is attaining perfection to
a great extent.
Addition
to amending 35 Acts, 3 Acts have been cancelled. The Kerala
State Rural Development Board Act, The Hackney Carriages
Act and The Additional Entertainment Tax Act are the cancelled
ones. Deployment
The
conduct of administration is not possible only with the
transfer of power. To conduct administration the requisite
service of the employees must also be given. For this purpose
the Government intend deploying a sizable section of the
employees and transferring them to the control of local
self-government bodies. The recommendations of the committee
for decentralisation of power is under the active consideration
of the Government.
The
Government do not target simple decentralisation of power.
What we want is democratic and corruption free decentralisation
of power and the power thus conferred should be utilized
for the summum bonus of the people. Such local self-government
bodies are the need of the hour. A style of administration
in which the officials and the representatives of the people
go shoulder to shoulder and work for the local development
should emerge. No the part of the Government steps are being
taken to reach this goal. People's Planning-Aims and Achievements
Five
years have elapsed since the local self-government bodies
as part of people's planning movement, formulated their
schemes and implemented them with people's co-operation.
Regarding the qualitative changes the movement brought about
in the power decentralisation sector in general and development
sector in particular, a consensus has come out. People's
planning has more or less acquired by now the ability to
cut and clear its own path and forge ahead. The people’s
planning has become the urgent obligation of the local self-government
bodies of the state
People's
Planning- Aims
To
solve the crisis existing in the production sector (including
agriculture and industry) and ensure development is the
first aim. The second aim of this movement is to end the
fall in the standard of the quality in service sectors including
in the health education and improve the tribal/fish worker
sectors, which have not yet reached the mainstream of development.
To raise the socio-economic life standards of people of
these sectors step by step and bring them to the mainstream
of life is another important objective of people's planning
movement. To ensure balanced development in the environmental
sector of the State is the fourth aim of the people's planning.
To deliver the womenfolk who constitute more than half of
the society from the different kinds of exploitation they
face today and take them to the mainstream of development
is again another important aim of this movement.
The
Reflections of Change
It
cannot be claimed that with activities of the movement,
all the aims and objectives were achieved. In the place
of a sense of pessimism that nothing would improve, a sense
of optimism developed among the people, the optimism that
if worked on the basis of people's participation with will
power and determination, a lot of things could be implemented.
Objectives and transparent style of taking decisions based
on distinct priorities and norms have come to stay in the
majority of the local self-government bodies.
The
large Participation in the Village Assembles
The
most important achievement of the village assemblies is
that they could prove that they have a very crucial role
in the planning-decentralisation activities. As part of
people's planning activities village assemblies were organized
and public interest was generated in the planning -decentralisation
activities. The village assemblies could prove to be the
most suitable practical local unit for these activities.
Financial Aid to the Project
As
part of people’s planning large-scale financial aid was
transferred to the local self-government bodies in the State.
It was only a very meager amount that the local self-government
bodies in the State used to get before the beginning of
this movement. In 1997-98 a sum of Rs. 749 crores was provided
in the budget and given as grant and of which an amount
of RS 39 crores was earmarked for Tribal Sub Plan and an
amount RS 194 crores was provided for Special Component
Plan. In 1998-99 and 1999 -2000 years the plan allocation
for the local self-government bodies rose to RS 950 and
RS 1020 crores respectively. An amount of RS 1042 crores
was earmarked for 2000-2001.
Plan
Allotment during 2001 – 2002 (In lakhs)
Local
Self Govt |
General |
S C P |
T S P* |
Total |
Grama
Panchayat |
38484 |
9859 |
1986 |
50329
|
| Panchayat Block
|
8246 |
3286 |
794 |
326
|
Panchayat
District
|
8246 |
3286 |
1191 |
12723 |
| Municipalities |
11824 |
1769 |
29 |
13622
|
| Total |
66800 |
18200 |
4000 |
89000
|
| State’s
Plan share |
8165
|
Total
97165 |
·
From 2001-2002 onwards the Plan Fund for ST / SC welfare
is decided to be administered through
SC/ ST Welfare Department.
Plan
Allocation in General Category will be catered to Local
Self-Governments based on certain criteria. The funds earmarked
for Special Component Plan and Tribal Sub Plan will be issued
basing on the population of the beneficiary groups. A grama
panchayat will get a minimum of RS 25 lakhs whereas a block
panchayat gets RS 30 lakhs. Plan visualizes priority for
production sectors.
State
Election Commission
By
way of amendment made in the Panchayat Raj Act the State
Election Commission is armed with ample powers.
Besides
conducting election to the local self government bodies,
the powers like division of wards, reservation of wards,
disqualification of people's representatives, implementation
of Prohibition of Defection Act etc. are vested with the
Election Commission. Prior to this, these powers were vested
in the Government. In no other state in the country the
Election Commission has been vested with this much of power.
Second
Finance Commission The
Government accepted the 64 recommendations submitted by
the first Finance Commission chaired by Dr. P.M. Abraham
and gave the force of law. The Government has constituted
the Second Finance commission with Shri. Prabhath Patnaik
as chairman. The commission has started functioning from
June 1999.
·
From 2001-2002 onwards the Plan Fund for ST / SC welfare
is decided to be administered through
SC/ ST Welfare Department.
Plan
Allocation in General Category will be catered to Local
Self-Governments based on certain criteria. The funds earmarked
for Special Component Plan and Tribal Sub Plan will be issued
basing on the population of the beneficiary groups. A grama
panchayat will get a minimum of RS 25 lakhs whereas a block
panchayat gets RS 30 lakhs. Plan visualizes priority for
production sectors.
State
Rural Development Board
The
main activity of the board is to give loan to those projects,
which help to increase the revenue of the Panchayats The
board provides loan to construct market stalls, shopping
complexes, office buildings and bus-stands
Swaraj Trophy
The
Government have decided to congratulate the panchayats that
do exemplary work in the conduct of administration and development.
They will be given state level and district level swaraj
trophy and cash prize. The panchayats are selected for award
on the basis of general conduct of administration, collection
of revenue, performance of village assemblies, planning,
people's participation, transparent and efficient execution,
physical achievement, distribution of social security pension
etc.
State Rural Development Board
The
main activity of the board is to give loan to those projects,
which help to increase the revenue of the Panchayats The
board provides loan to construct market stalls, shopping
complexes, office buildings and bus-stands
Swaraj Trophy
The
Government have decided to congratulate the panchayats that
do exemplary work in the conduct of administration and development.
They will be given state level and district level swaraj
trophy and cash prize. The panchayats are selected for award
on the basis of general conduct of administration, collection
of revenue, performance of village assemblies, planning,
people's participation, transparent and efficient execution,
physical achievement, distribution of social security pension
etc.
New
Panchayats
In
order to make the administration of the panchayats efficient,
large sized panchayats having more population were divided
and 20 new grama panchayats were formed. These panchayats
came into existence from October 2000. For the convenience
of the people, 11 grama panchayats were delinked.
The
State has 991 Grama Panchayats, 152 Block Panchayats, 14
District Panchayats, 52 Municipalities and 5 Corporations.
Consequent to the 74th Amendment to the Constitution of
India, the Local self-government Institutions (LSGIs) are
to function as the third tier of Government. In Kerala,
LSGIs have been meaningfully empowered through massive transfer
of resources as well as administrative powers. Coupled with
a grassroots level approach of Participatory Planning whereby
the developmental programmes are identified and implemented
through Grama Sabhas, the LSGIs have emerged as effective
agencies for the implementation of developmental programmes.
Organisational
Structure
Director
of Panchayat
