Powers and Functions of Gram Panchayat in Odisha: © 2018 IJCRT - Volume 6, Issue 1 January 2018 - ISSN: 2320-2882
Powers and Functions of Gram Panchayat in Odisha: © 2018 IJCRT - Volume 6, Issue 1 January 2018 - ISSN: 2320-2882
Powers and Functions of Gram Panchayat in Odisha: © 2018 IJCRT - Volume 6, Issue 1 January 2018 - ISSN: 2320-2882
Introduction
The Act has also prescribed the procedure for the transaction of business. Meetings of the Gram Sabha are to be held in
the village where the office of the Gram Sabha is located. The Pradhan or in his absence the Up-Pradhan is to convene the
meeting with a 15 days’ notice. The notice must mention time, date and place or meetings. The notice may be affixed in a
public place and also announced by beat of drum. The first task of the Gram Sabha meeting is to read the minutes of the
last meeting and confirm it after which it will be signed by the Pradhan. The second item is to consider the accounts of the
period elapsed since the last meeting the third item is miscellaneous. All decisions shall be arrived at by majority vote. All
proceedings also must be recorded and a copy must be sent to the Panchayat Extension Officer within 7 days.
The decisions of Gram Sabha as regards budget and accounts of the preceding year are not final. Its role is
subservient to that of the government which is the final authority to approve accounts of income and expenditure In case a
Gram Sabha does not consider the accounts of Income and expenditure, government can order the Gram Panchayat to
supply it relevant information and may prepare the accounts itself. After the budget is thus prepared and sent to the Gram
Sabha, the latter must approve it. If the Gram Sabha fails to approve, the budget will be deemed to have been passed.
Besides, a budget approved by the Gram Sabha may be altered or amended by the Government. Thus, Gram Sabha is only
an advisory body whose decisions may or may not be accepted by Government.
Although, Gram Sabha has power to remove the Pradhan and up-Pradhan, the procedure for removal is very
difficult. Gram Sabha has no control over its Executive Committee because its decisions are not binding on the latter.
Gram Sabha has no control over the Pradhan also. Regarding holding meetings, date, time and place etc., Gram Sabha has
no control. It all depends on the President.
Gram Sabha’s statutory position does not make any difference in its actual status as just a formal body. This is the
position in all the states where Gram Sabha exists. Indeed, scholars and thinkers are divided on the issue. There is one
school of thought which is in favour of revitalization of Gram Sabha and giving it a very effective role. The other school
does not favour the idea. The first school seems to be inspired be ideological considerations whereas the Meetings do not
follow the procedure laid down by rules, strictly. Proceedings of the earlier meetings held some few months ago remain
on the paper or conveniently forgotten. Very rarely earlier proceedings are placed before the meeting for confirmation.
It is
also useless to seek confirmation since no one is interested in the minutes of the previous meetings. A meeting usually
starts with a speech by the Pradhan describing the activities of the Panchayat during the preceding months and the
tentative programme for the coming months. But, in, majority of such addresses government's plans and programmes are
described;
Membership
Members of the Gram Panchayat are elected directly by the members of the Gram Sabha. A Gram Sabha is
divided into a number of constituencies for the purpose. Every registered voter is entitled to vote. The electoral roll of the
Assembly is not the basis of franchise as in other States. At first there was open ballot system, but it was abolished by an
amendment of rules in 1974 for reasons enumerated earlier. Secret ballot has been introduced as it ensures secrecy of
voting. Electors can vote according to their choice without fear or favour. Under this system electors need note wait in an
enclosure for long hours in scorching sun or rain. It is also more advantageous in ensuring peaceful poll. Any member of
the Gram Sabha can contest in the election to the Gram Panchayat. It means that he must be 21 years of age and a
registered resident of the village. He must not be a bankrupt or an undischarged insolvent, or one convicted for a criminal
offence or moral turpitude. He must not suffer from leprosy or be dumb or blind. He also must not be in arrears of any tax
or rate or fee due from him. He must not hold any office of profit either. Theoretically, this is true. In practice, however,
persons who are in arrears of their dues are not restrained from contesting.
Removal
A member may be removed on the report of the Panchayat Extension Officer on any of the following grounds:
1) Absence of a member from three successive meetings,
2) Refusal of a member to act or inability to act,
3) if a member is charged for moral turpitude,
4) if he abuses his position,
5) if his continuance as a member is considered undesirable in public interest and
6) refusal to take oath Members however, cannot be recalled. Duties and Functions
Members' duties and functions have not been enumerated by the Act or the rules. This is a common practice in all the
States. Perhaps the idea is, as a member is a representative of the people, he is to do whatever is necessary for people's
interest. But what is people interest is not always clear. A village councillor cannot be blamed if he equates it with his
own family interest or interest of a few persons. He may not-consider it his duty to attend meetings, join the deliberations,
ask for clarifications and voice demand of his locality. He may not know many other things vital for-his role. In view of
the poor standard of literacy and poor enlightenment in various matters, it is desirable that members should be instructed
thoroughly about their duties and functions. Although there are training centres for members in Tripura, few get chance of
training. Besides, a few days training is not sufficient for them. Sometimes, refreshers course is also held but that is
organized rarely since government is always running short of fund. But, the point is that training serves very temporary
purpose. Besides training, members may be served with written instructions clearly pointing out their duties and rights,
powers and functions. Members are not paid travelling allowance, nor any honorarium. Although members may not be
paid any salary due to various reasons of which paucity of fund is one, it is desirable that they should be paid some
allowance, at least. It is said that public service is a thankless job, and very few people would like to devote their time and
energy for public cause. Besides, if members of Parliament and Legislative Assemblies can be entitled to monthly pay
and pension why not the members of local bodies at the grass-root level? In fact members resented non-payment of
allowances to them when the Pradhan’s were granted the same. Thus, lack of instructions and training may keep members
ignorant about their proper- role. This will not help the supply of good quality of members. Every member must be able to
study a confusing variety of subjects so that he may be able to find out the information on all subjects with which local
administration is concerned in order to act upon them intelligently.
Gram Panchayats
Gram Panchayats have been entrusted with a long list of functions, powers and duties. The Statute has made a distinction
between obligatory functions and optional functions. The obligatory functions are
Construction, maintenance, cleaning and lighting of public streets
Medical relief Cl Sanitation
Water supply
Agriculture, commerce and industry
Administration of civil and criminal justice
Control and regulation of burial and burning grounds, non-government fairs, bazars, hats, and grazing grounds
Maintenance and preservation of property vested in the Panchayat
Planting of trees
Improved breeding and medical treatment of cattle
distribution of Government loans and subsidy
helping the liquidation of debts and the establishment of sound credit system
Development of co-operative efforts
Establishment and maintenance of library and reading rooms, primary schools, gymnasium, clubs etc.
providing relief against famine and other natural calamities
arrangement of residential quarters for the backwards and down-trodden
to establish stock of high class seed and agricultural equipment
to raise village volunteers force
Promotion of good will and social harmony between different communities.
Besides, the above two categories of functions, the Act has laid special emphasis on some selected functions of the
Gram Panchayat. Gram Panchayats have been asked to construct new bridges and culverts, with the sanction of the
prescribed authority a Gram Panchayat could start small irrigation projects. Section 18 of the Act has emphasized steps to
be taken in regard to sanitary functions. Section-19 empowers the Panchayat to adopt measures «for the maintenance and
improvements of schools. Gram Panchayats are also to establish primary schools, hospitals and dispensaries for which
grant would be given by the Government. Section 22 and 23 of the Act have authorized Gram Panchayats to recommend
appointment, dismissal or transfer of Some petty government employees at the village level and also to enquire and report
about the misconduct of such employees serving within the area of the Gram Sabha.
Thus, these may be regarded as purely administrative functions of the Panchayat. Although the enumerated functions
have covered almost all spheres of rural life, some very vital functions which are supposed to engage maximum attention
and all out efforts of Panchayats, have not been treated with sufficient care and importance. The development-oriented
functions have been classified under discretionary head. Besides, under the Act, Panchayats have not been entrusted with
any developmental planning directly or indirectly. It is difficult to assume that Panchayats at the grass-root level would be
able to look after all the socioeconomic and administrative functions. The Act itself limited the obligatory field when it
provided that subject to funds available the panchayats are to discharge their functions. In fact, Panchayats in the sample
studied, were not found tuned to the job for which they were created.
Panchayat bodies are amateurish. Members are not trained. They may have enthusiasm but they do not have technical
know ledge, administrative skill or managerial resources. Both in the internal organizational matters as well as
performance in the external spheres, Panchayats have very poor achievement. To begin with organizational affairs,
Panchayats did not meet regularly. Meetings were convened but sometimes it so happened, that members did not receive
timely notice. Notices were affixed in the Panchayat office notice board which refers to the door of the office house in
most cases. Sometimes notices were served by host and sometimes panchayat secretary would inform members available
within his easy reach. Even when members received it office, some would not attend due to personal reasons, some due to
distance between meeting place and residence. Meeting place was not fixed always. But usually Pradhan's residence was
the meeting place which was another reason for some members, not in good terms with the Pradhan, for non-attendance.
Nevertheless, Gram Panchayat meetings are held just in a casual manner. There is little initiative shown by the members.
Members remain busy with their own house-hold affairs. Panchayat Secretary who is in touch with the Block
Development office and under direct official care of the Panchayat Extension Officer, carries necessary instructions and
messages to his Pradhan, and after mutual consultation fixes the date, time and agenda of the meetings. Panchayat
secretary briefs the Pradhan about the issues to be discussed and probable resolutions so that these may fit in the policy
framework of the government. Meetings are usually attended by Pradhan himself, Up-Pradhan and few others. Lack of
quorum is ignored in view of the fact that after
the meeting is over Panchayat Secretary would take the signature of some absentee members. Thus, absence of members
from successive meetings also is ignored. There is not a single case when membership was forfeited for absence at three
consecutive meetings.
References
1. Bhattacharjee, A.R (1993), Panchayat raj and Block Area Development, Print well, Jaipur.
2. The Orissa Gram Panchayat Act, 1964.
3. Menon, Sudha2007), Grassroots Democracy and Empowerment of People: Evaluation of Panchayati Raj
Institutions in India, ICFAI Business School, Ahmedabad.
4. Mohanty, Bijoyini (1999), Glimpses of Local Government, Gyanajuga Publications, Bhubaneswar.
5. Rural Odisha Anchors, its Development Story (2012), Panchayati Raj Department, Government of Odisha.