CHAPTER
XIV
LOCAL SELF-GOVERNMENT
(a) Evolution of Local Self-Government in the District
Local Self-Government of a district consists of municipal corporations
municipal councils, nagar panchayats, Zila parishads, panchayat samities and
panchayats. The first real step towards
the introduction of municipal government in the district was, however, taken
when Budhlada and Mansa municipalities were constitututed in 1950 and in 1951
respectively under the Punjab Municipal Act, 1911. Later in 1956, Bareta was
declared a municipality. Initially, these three municipalities were small town
committees. Local Self-Government in the
The
main purpose of these self-governing institutions is to provide better civic
amenities to the people of the area, and to promote a responsibility and will
to participate in matters of local administration. These local self-government institutions also
serve as training centres for the representatives who have been elected by
town/city or village in providing primary political leadership and for social
service.
Historical
Retrospect.- The history of local
self-government in
As
in other parts of
238
decentralization
began to result
in the establishment
of a new
politico-
administrative organization, called municipal
bodies, side by side with the existing district administration, in a few towns.
The
earliest Act in the
The
reforms proposed by Lord Ripon led to the overtaking of the Act IV of 1873 and
the Punjab Municipal Act, 1884. The
later Act was repealed by the Municipal Act of 1891, which only introduced such
changes as experience had proved to be desirable. The Act of 1884, however, continued to be the
foundation of the municipal administration in the
The
Royal Commission on Decentralization, 1909, laid stress on the importance of
village panchayats and recommended that the Government control upon, the local
self-government should be relaxed. The
In
the period 1919-1937, the British developed a system to be known as dyrarchy,
which implied government shared by two point authorities or rules. Under these arrangements, official control
was gradually relaxed and local bodies were made completely elective. It was desired to establish local
self-government, where by the people would be free to manage their own
affairs. The Government of India Act,
1919, prescribed a new scheme of taxes, which could be levied by or for the
local bodies. This measure not only enlarged the sphere of taxation but also
enabled the local bodies to feel relatively independent. The Punjab Small Towns
Act, 1922 simplified the machinery for the municipal administration of small
towns each with a population of less than 10,000. The Punjab Municipal (Executive Officer) Act,
1931, invested the Provincial Government with powers to appoint Executive
Officers in the municipalities.
Until
the
To
cope with the problems created by the influx of refugees on account of communal
disturbances before and after the partition, the East Punjab Local Authorities (Restriction of Functions) Act,
1947 Punjab Act IX of 1947 was passed.
This Act empowered the State Government to notify certain areas and to
assume functions of a local authority therein where the local authority was
not capable of performing or did not
adequately perform such functions.
Expenses for discharging such functions were to be paid by the local authority concerned. The Punjab Local Authority Laws (Exercise of
Powers) Act, 1953, provided for the performance of the functions of
commissioner under all local governments enactments by the State Government and the Deputy
Commissioner.
The
Punjab Municipal (Second Amendment) Act, 1954, repealed the Punjab Small Town
Act, 1921 and converted town committees
into Class III municipal committees.
This Act, which came into force on
In
1954, Local Government (Urban) Enquiry Committee was set up to recommend
reforms in the structure of urban local government. The committee in its report, 1957,
recommended enlargement of autonomy of municipal bodies to the maximum extent
compatible with the imperative needs of continuity, efficiency and integrity in
municipal administration.
Prior
to the merger of PEPSU with
By
the Punjab Municipal (Amendment) Act, 1956 reservation has been provided for
Scheduled Castes, Scheduled Tribes and Backward Classes in the services of
municipal committees.
With
the setting up of the Directorate of Local Bodies in April 1966, the activities
of these bodies are governed by the Director, Local Bodies,
(b) Organization and Structure
Functions and Duties of Municipal Councils/Nagar Panchayats
Statutorily
the
The
list of optional functions is comprehensive and includes construction and
maintenance of public streets, public parks, gardens, libraries, museums,
dharmsalas, rest-houses, lunatic asylums, furthering educational programmes
other than primary education, planting and maintaining of roadside trees,
maintaining dairy farms, breeding studs, holding of fairs, exhibitions, etc.
As
on
A
brief account of each municipal council/nagar panchayat is given below:
Mansa Municipal Council
A
small town committee was constituted at Mansa on
The
civic amenities provided by the municipal council include water supply,
sewerage system, drainage of water and street lighting. It also maintains two public parks and a
library. The municipal council provided
5,275 water supply connections, 5,639 sewerage connections and 1,599 street
light points upto
Budhlada Municipal Council
A
small town committee was constituted at Budhlada in the beginning and converted
into a municipality in 1950. The town
was electrified in 1958.
The
area of the town within the municipal limits was 10 sq. km. The population of
the town as per 1991 Census was 18,721 persons.
The
civic amenities provided by the municipality include water supply, sewerage,
street-lighting, surface drains and
arrangements for the cleanliness
of the town and disposal of the refuse.
The water supply scheme was introduced in 1963 through its own water
works in the town by installing one tubewell.
The drainage system was introduced in 1954. The council has also installed water
treatment plant to control the pollution in its area. It also maintains one public park, one
library and one reading room. The
municipal council provided 3,688 water supply connections, 1,242 sewerage
connections
and installed 356 street light points (including 75
sodium vapor lamps, upto
Bareta Municipal Council
Bareta
was initially declared a small town committee and later on its status was
changed to municipality on
The
area of the town within the municipal limits was 6.40 sq. km and its population
according to 1991 census was 11,502 persons.
The
civic amenities provided by the municipal council includes water supply,
street-lighting, surface drains, arrangements for the cleanliness of the town
and the disposal of the refuse. The
water supply scheme was introduced in the town during 1979-80 by installing one
tubewell. The drainage system was
introduced in 1957 and the town was electrified in 1962. During 1999-2000, 1,328 water supply
connections and 318 street light points were functioning within the limits of
the council. It also maintains 7 km of
roads within the municipal limits.
*Statistical Abstract of
Bhikhi Nagar Panchayat
A
nagar panchayat was constituted at Bhikhi on
Sardulgarh Nagar Panchayat
The
Nagar Panchayat Sardulgarh was constituted on
The
civil amenities provided by the nagar panchayat include water supply, sewerage
system, street lighting, roads, arrangements for cleanliness of town and
disposal of refuse.
( c ) Town and Country Planning and Housing
Mansa
District falls in the jurisdiction of the Divisional Town Planner,
Bathinda. This office is engaged in the
preparation of master plans of various towns as well as for other areas, which
serve as a blueprint for further development.
He also prepared the layout plans for various schemes, viz. town
planning scheme for the municipal councils, for urban estates and for industrial areas and industrial development
colonies and rehabilitation colonies.
The
work of the Town Planning Department is divided in two sectors namely; urban
sector and rural sector. In the urban
sector the activities of the department include preparation of master plans for
important cities and towns and places of historical/religious/tourist importance, preparation of Integrated Urban
Development Projects for major cities, preparation of layout plans and schemes
of municipal councils. In the rural
sector, the activities of the department include surveys and studies of community development plans of
various levels like District and Block, preparation of development plans for
villages selected under the Integrated Rural Development Programme (now Swarn
Jyanti Gram Swarojgar Yojna).
This
office, under the directions of the Punjab Government has prepared the lay out
plans for the 25 focal points in the Mansa District. The Mansa town has been
selected by the Centre Government for its development under the scheme viz.
Integrated Development of Small & Medium Towns. This office prepared a project report worth
Rs 4.22 crores, which has been approved by the Centre Government. Basically, this office renders technical
advice to the municipal councils to control the haphazard development and co-ordinates
with them in the preparation and implementation of development work. Town Planning Schemes are prepared under
Section 192 of the Punjab Municipal Act, 1911.
(d) Panchayati Raj
The
panchayats have existed in villages from ancient times, though such panchayats
were not established under any law. The
heads of various communities were members of such panchayats. These panchayats played a vital role in the
life of the people. With the passage of
time, such community panchayats became ineffectual. Then the necessity of
village panchayats throughout the country was fully recognized after
With
a view to provide bold and imaginative leadership for all round development of
the village community, the institution of Panchayati Raj was introduced in the
State on
The
Panchayati Raj structure consists of three-tiers, viz. a panchayat at the
village level, panchayat samities at the block level and Zila parishads at the
district level. All these institutions
are organically linked with each other by means of indirect elections. They are one superior to the other but do not
constitute a hierarchy placing one subordinate to the other. They have clearly defined spheres of
activities and have independent and distinct sources of revenue. This enables them to function without losing
their initiatives and self-reliance.
Gram
Panchayats.- On the formation of PEPSU in
1948, PEPSU Panchayati Raj Act was
passed in 1951. Under the Act, niyaya
panchayats were constituted separately for a group of 5 or 6 villages. On the merger of PEPSU in the
The
number of panches and the mode of election of sarpanch of a panchayat had been
changing from time to time. In 1960, a
gram sabha could elect 5 to 9 panches including the sarpanch and a lady panch. In 1971, the number of panches was raised
from 5 to 11, but the mode of election of sarpanch was made indirect i.e. the
panches of a panchayat were to elect the sarpanch from amongst themselves. In 1972, election of the sarpanch was again
made direct, i.e. the members of a gram sabha were to elect the sarpanch in
addition to electing the panches, the number of panches remaining the
same. The election of sarpanch was again
made indirect in 1978 with no change as to the number of panches.. From 1982, the election of sarpanch had again
been made direct without altering the total number of panches.
A
new Act viz. the Punjab Panchayati Raj Act, 1994 (Punjab Act No. 9 of 1994) has
been enacted to replace the Punjab Gram Panchayat Act, 1952, relating to the
Gram Panchayats and the Punjab Panchayat Samities and Zila Parishads Act, 1961,
relating to the Panchayat Samities and Zila Parishads. The Act came into force on 21 April 19941
. Under the Act, a gram panchayat
is elected for the gram sabha area and not for each village. Every male or female who is entered as a
voter on the electoral roll of the State Vidhan Sabha is a member of the gram
sabha. These members of the gram sabha elect the members of the panchayats from
amongst themselves.
The number of panches in any gram panchayat varies from 5 to 13
according to the size of population of the gram sabha. A number of seats for
the offices of the panches and sarpanches have been reserved under the
Sections 11 and 12 of
the Act2. Under the Act, gram panchayat is to meet at
1
Government of
Notification No.S.O.21/P.A.9/94/S.I/94, dated
2 11 (1) The offices of panches shall be
reserved for the Scheduled Castes in such a way that the number offices
reserved for Scheduled Castes shall bear, as nearly as may be, the same
proportion to the total number of offices (to be filled by direct election) in
that Gram Panchayat, as the population of the Scheduled Castes to the total
population in that Gram Sabha area.
(2) Not
less than one-third of the total number of offices reserved under sub-section(1)
shall be reserved for women belonging to the Scheduled Castes.
(3) Not
less than one-third (including the number of offices reserved for woman belonging
to the Scheduled Castes) of the total number of offices (to be filled by direct
election) in every Gram Panchayat shall be reserved for women.
(Continued on next page)
least once a month at a place within the gram
panchayat areas. The majority of panches
for the time holding office form a quorum (under Section 24(1) of Punjab
Panchayati Raj Act, 1994).
All the decisions of the panchayat are taken by majority and when the
voting is equal the sarpanch or panch presiding as the case may be, can give
his casting vote under Section 24(3) of the Act.
During
the year 1999, there were 243 panchayats with 1,783 elected members in the
Mansa District (including 551 Harijans and 579 ladies).
The main functions of the gram panchayat having regard to the
availability of funds at its disposal perform the functions, namely, general
functions such as preparation of annual plans, annual budget, etc.;
constructions, repair and maintenance
of community assets; agriculture including agriculture extension; animal
husbandry, dairying and poultry;
fisheries; social and farm forestry, minor forest produce, fuel and fodder;
khadi, village and cottages industries; rural housing; rural electrification
including distribution of electricity; non-conventional energy
source; poverty
alleviation
programme; education
including primary and
secondary schools;
adult and non-formal education-promotion of adult
literacy; cultural activities; fairs and festivals; public health and family
welfare; women and child development; social welfare including welfare of the
handicapped and mentally retarded; welfare of weaker sections and in particular
the Scheduled Castes and public distribution system.
The main source of income of the panchayats are;
grant-in-aid from government, grant-in-aid from local bodies, a percentage of
land revenue collection, donation, taxes, duties, cesses and fees, income from
village common lands, sale proceeds of dust, dirt and dung, etc. The fines and penalties which the panchayats
impose are also transferred to their funds.
(From previous page)
(4) One office of Panch shall be reserved for Backward
Classes in a Gram Panchayat where population of Backward Classes in the Gram
Sabha area is more than twenty percent of the total population of that Gram
Sabha area.
12 (1)
Offices of Sarpanches of Gram Panchayat in the district shall be
reserved for Scheduled Castes and the number of such offices shall bear, as
nearly as may, the same proportion to the total number of offices of Sarpanches
in the district as the population of Scheduled Castes in the district bears to
the total population of the districts.
Provided that not less than
one-third of the total number of offices of Sarpanches of Gram Panchayats in the district shall be
reserved for women belonging to the Scheduled Castes.
(2) Not less than one-third of the total number of
offices of Sarpanches in the district shall be
reserved for women including such offices, reserved for women belonging
to the Scheduled Castes under sub-section(1).
(3) There
shall be no reservation in the offices of Sarpanches for Backward Classes.
(4) The
offices reserved under this section shall be allotted by rotation to the
different Gram Panchayats in such manner as may be prescribed.
The
income of the panchayats in the Mansa District, during 1992-93 to 1999-2000 is
given below:
(Rs)
Year Grants from Voluntary House Tax Other Sources Total
Government Contribution
____________________________________________________________________________________
1992-93 4,59,06,840 - 2,42,456 2,05,23,000 6,66,72,296
1993-94 3,65,12,486 26,700 2,36,198 1,80,92,525 5,48,67,909
1994-95 4,74,45,700 29,000 2,58,772 2,11,40,224 6,88,73,696
1995-96 2,77,63,705 - 2,53,897 2,42,87,463 5,23,05,065
1996-97 2,08,35,337 27,514 2,68,742 1,97,03,538 4,08,35,131
1997-98 2,16,96,081 38,500 3,82,906 2,43,70,602 4,64,88,089
1998-99 1,73,99,817 18,200 2,63,898 2,02,67,586 3,79,49,501
1999-2000 3,37,00,367 1,94,850 2,64,644 2,80,42,745 6,22,02,606
(
Source: Director, Rural Development and Panchayats,
Panchayat Samitis.- Under the Punjab Panchayati Raj Act, 1994,
Panchayat Samiti is constituted at the block level. The Mansa District is divided into 5
community development blocks. There is
one Panchayat Samiti for each block. The
number of the members of the Panchayat Samiti has been determined under Section
99 of Act3. The reservation
of seats of panchayat samitis has been done under Section 102 of the Act of
19944.
3 99 (1) Every
Panchayat Samiti shall consists of: -
(a)
six to ten directly elected members from territorial constituencies in
the Panchayat Samiti area as may be determined under Section 100 of this Act
and notified by the State Government so far as practicable, having regard to
the uniformity of population of each constituency:
(b)
representatives of the Sarpanches directly elected by them from amongst
the Sarpanches of the Gram Panchayats in the Panchayat Samiti area;
Provided that ratio of the
representatives of the Sarpanches and that of the directly elected members
shall be sixty: forty;
(c) Members of the Legislative Assembly of the State of
(d) Members of the Legislative Council of the State of
(2)
The members
of the Panchayat Samiti whether or not chosen by direct election
from territorial constituencies in
the Panchayat Samiti shall have the right to vote in the meetings of
the Panchayat Samiti.
4 102
(1) Seats shall be reserved
for :-
(a) the Scheduled Castes; and
(b)
the Backward Classes;
In every Panchayat Samiti and the number
of seats so reserved for Scheduled Castes shall bear, as nearly as may be, the
same proportion to the total number of seats to be filled by direct election in
that Panchayat Samiti as the population of the Scheduled Castes in that
Panchayat Samiti area bears to the total population of that Panchayat Samiti
area and such seats may be allotted by the rotation to different constituencies
in a Panchayat Samiti.
(2) Not less than one-third of the total number
of seats reserved under sub- section(1) shall be reserved for
women belonging to the Scheduled Castes.
(3) Not less than one-third(including the number
of seats reserved for women belonging to the
Scheduled Castes) of the total number of seats to be filled by direct
election in every Panchayat Samiti shall be reserved for women and such seats
be allotted by the rotation to different constituencies in the Panchayat Samiti
area.
(4) One seat shall be reserved for Backward
Classes in a Panchayat Samiti in which the population of Backward Classes is not less than twenty per
cent of the total population of the Panchayat Samiti area.
The Chairman and Vice Chairman are elected from amongst the elected
members and their term of office is five years.
The main functions of panchayat samitis are to provide for and make
arrangements for carrying out the requirements of the area under its
jurisdiction, in respect of the following matters, namely agriculture, land improvement and soil
conservation, minor irrigation, water
management and watershed development; fisheries; poverty alleviation programme;
animal husbandry, dairying and poultry; fisheries; khadi, village and cottage
industries; rural housing; drinking water; social and farm forestry, minor
forest produce, fuel and fodder; roads, building, bridges, ferries, water-ways
and other means of communication; non-conventional energy sources; education
including primary and secondary school, technical training and vocational
education; adult and non-formal education; cultural activities; markets and
fairs; health and family welfare; women and child development, social welfare
including welfare of the handicapped and mental retarded; welfare of the weaker
sections and in particular of the Scheduled Castes and Backward Classes;
maintenance of community assets; public distribution systems; rural
electrification; co-operation; libraries and such other functions as may be
entrusted by the State Government.
The
main sources of income of the panchayat samitis are: local rate, fees derived
from schools and markets, fee from fairs and shows, rents and profits accruing
from properties vested in it, and such money and grants which Government may
place at their disposal. Besides, each
panchayat samiti can, with the permission of the Zila Parishad, impose any tax
which the State Legislature has power to impose under the constitution.
Zila
Parishad.- Prior to the formation of zila
parishads in the State, their functions were performed by district boards. These were constituted and administered under
the Punjab District Boards Act, 1883.
The district boards used to attend to the development activities of the
rural areas just as the municipal councils looked after the urban areas. The
Zila Parishad, Mansa was constituted on
5 162. (I) Every Zila Parishad shall consist
of-
(a)
the members directly elected from territorial
constituencies in the district, each constituency electing one member;
(b)
all Chairmen of Panchayat Samities;
(c) the members of the House of People and members of the
State Legislative Assembly representing a part of
whole of the district where major part
of their Lok
Sabha Constituency or, as the case may be, Assembly Constituency
falls;
(d) the members of the Council of States and the
members of the State Legislative Council, if any who are
registered as electors within the district;
(2) All members of a Zila Parishad whether
elected or not from territorial constituencies in the Zila Parishad area shall
have the right to vote in the meetings of the Zila Parishad .
been given in section 165 of the Act6.
The Zila Parishad is to perform the
following functions, namely agriculture; irrigation ground water resources and
watershed development; horticulture; statistics; rural electrification
including distribution of electricity; distribution of essential commodities;
soil conservation; marketing; social forestry; animal husbandry and dairying;
minor forest produce and fuel and fodder; fisheries; household and small- scale
industries including food processing; rural roads; health hygiene; rural
housing; education; social welfare and welfare
of weaker sections; poverty alleviation programmes; social reforms
activities; verification of weights and measures in shopping establishments;
and promotion of thrift and savings.
The income of Zila Parishad, Mansa accrues
from the Central and State Government funds allotted to it, grants for Jawahar
Rojgar Yojna Scheme and Indira Awas Yojna Scheme, share of the state taxes,
income from endowments and such contribution as the zila parishad may levy on
the panchayat samities.
The income and expenditure of the Zila Parishad,
Mansa during 1992-93 to 1999-2000 is
given below :
( Rs in lakhs)
Year
Income Expenditure
1992-93 7.17 3.54
1993-94 1.89 1.45
1994-95 5.48 3.09
1995-96 5.80 5.02
1996-97 150.34 121.56
1997-98 126.33 96.83
1998-99 1.66 9.32
1999-2000 36.49 26.20
___________________________________________________________________________
(Statistical Abstracts of Punjab, 1993 to 2000)
6
165 (1) Seats shall be
reserved for-
(a)
the Scheduled Castes; and
(b) the Backward Classes;
In every Zila
Parishad and the number of seats so reserved for the Scheduled Castes shall
bear, as nearly as may be, the same proportion to the total number of seats to
be filled by direct election in that Zila Parishad as the population of the Scheduled Castes in that
Zila Parishad area bears to the total population of that area and such seats
may be allotted by rotation to different constituencies in a Zila Parishad.
(2) Not less than one-third of the total
number of seats reserved for the members of
the Scheduled Castes under Sub-section(1) shall be reserved for women
belonging to the Scheduled Castes.
(3) Not
less than one-third (including the number of seats reserved for
women belonging to the
Scheduled Castes) of the total number of seats to be filled by direct
election in every Zila Parishad shall be reserved for women and such seats may
be allotted by rotation to different constituencies in a Zila Parishad
(4) One seat shall be reserved for Backward
Classes in a Zila Parishad in which
the population of Backward Classes is not less than twenty per cent of
the total population of the District.