07 Chapter-I
07 Chapter-I
1.1.1 Introduction
In conformity with the 73rd Constitutional Amendment Act, the Andhra Pradesh
Panchayat Raj (APPR) Act was enacted in 1994 repealing all existing Acts, to
establish a three tier system at the Gram Panchayat, Mandal Parishad and Zilla
Parishad level. As per the 2001 census, the total population of Andhra Pradesh
was 7.57 crore, of which 5.52 crore (72.92 per cent) lived in rural areas. As on
31 March 2006, there were 23084 Panchayat Raj Institutions (PRIs) in the
State which consisted of 22 Zilla Parishads (ZP's), 1119 Mandal Parishads
(MPs) and 21943 Gram Panchayats (GPs). Elections to the PRIs were
conducted in the months of July and August 2006 and newly elected members
took charge in October 2006.
PRINCIPAL SECRETARY
PANCHAYAT RAJ DEPARTMENT
COMMISSIONER
PANCHAYAT RAJ &
RURAL EMPLOYMENT
2
Chapter I – Finances of Local Bodies
GRAM PANCHAYAT
Sarpanch
Upa-Sarpanch
MEMBERS
PRESIDENT MPDO
VICE-PRESIDENT
1
The Blocks as a unit of development is obliterated and in its place the Mandal has emerged.
332 Panchayat Samities constituted earlier were replaced by 1119 Mandal Parishads
3
Audit Report (Local Bodies) for the year ended 31 March 2006
Zilla Parishad: The ZP consists of one elected member from each Mandal
besides Member of Legislative Assembly (MLA) of the State representing the
constituency, Member of House of People (MP) representing a constituency,
Member of the Council of State (MLC), who is a registered voter in the
district concerned and two co-opted members belonging to minorities. Each
ZP has seven Standing Committees (Planning and Finance, Rural Development,
Agriculture, Education and Medical Services, Women Welfare, Social
Welfare and Works) and the Chairperson is the Ex-officio member of all
standing committees. The District Collector, who is a permanent invitee, shall
be entitled to participate in all the standing committee meetings without right
to vote. The structure of a ZP is depicted below:
Chairperson CEO
Vice-Chairperson Dy.CEO
Standing
Committee
The State and Central Government funded the PRIs through Grants-in-aid for
general administration and development activities. The Gram Panchayats
generate tax revenue from property and water taxes and non tax revenue from
various fees such as tap connection fee, rent from properties, etc. The Mandal
Parishad and Zilla Parishad do not generate any tax revenue and depend
mainly on Grants-in-aid. The funds are utilized by the PRIs for providing
civic amenities and welfare measures. Though the accounts are prepared by
the PRIs individually, there is no system in place to consolidate the revenue
and expenditure figures under various heads of accounts of all the PRIs, due to
which effective monitoring of the finances was not possible and an overall
picture of finances of PRIs could not emerge. With the available information
and figures furnished by the Director of State Audit, the following financial
analysis has been made.
4
Chapter I – Finances of Local Bodies
Financial Position of the PRIs: The receipt and expenditure of PRIs from
2002-03 to 2004-05, as furnished by the State Audit department, is detailed in
the table below.
(Rupees in crore)
Zilla Parishad
Year Opening balance Receipts Total Expenditure Closing balance
Mandal Parishad
Year Opening balance Receipts Total Expenditure Closing balance
Gram Panchayat
Year Opening balance Receipts Total Expenditure Closing balance
It would be seen from the above that the receipts of the GPs have increased
considerably during 2004-05 compared to the previous years, while in case of
ZPs and MPs, the same has decreased.
5
Audit Report (Local Bodies) for the year ended 31 March 2006
(Rupees in crore)
6
Chapter I – Finances of Local Bodies
Application of funds:
The major expenditure of PRIs is on providing and maintaining civic
amenities such as roads, sanitation, water supply, lighting, etc. The
expenditure includes both recurring expenditure on maintenance and
non-recurring expenditure on creation of capital assets. The sector-wise
expenditure and expenditure incurred from the scheme funds such as SGRY,
EFC, etc. were not available with the Commissioner PR. However, based on
the data made available by the Director of State Audit, the expenditure
incurred by PRIs from 2002-03 to 2004-05, is depicted below:
(Rupees in crore)
Application of Funds 2002-03 2003-04 2004-05
Gram Panchayats
Expenditure particulars
a. Salary 136.48 135.92 194.01
b. Works expenditure from grants received under SGRY, EFC, SFC, etc. 812.04 866.09 1306.15
c. Maintenance Expenditure 119.54 133.90 266.04
d. Deposits and Advances 7.24 13.29 17.85
e. Other administrative expenditure 102.51 128.33 244.58
Total 1177.81 1277.53 2028.63
Mandal Parishads
Expenditure particulars
a. Education 2145.85 2389.29 2046.66
b. Social Welfare 11.49 15.22 16.12
c. Minor Irrigation and rural water supply 2.61 2.64 1.33
d. Roads and bridges maintenance 2.50 3.83 4.35
Scheme works such as SGRY, Janmaboomi, other grants and other
e. 66.04 56.75 68.63
programmes expenditure.
f. Expenditure from general funds account 100.60 108.97 105.34
g. Deposits, Advances and Loans 22.94 30.74 14.31
h. Other expenditure 8.20 8.76 5.23
Total 2360.23 2616.20 2261.97
2
Karimnagar: Rs 7.9 crore, Nizamabad: Rs 6.5 crore, Krishna: Rs 5.5 crore and Warangal:
Rs 9.2 crore
3
Karimnagar: Rs 2.8 crore, Krishna: Rs 2.1 crore, Warangal: Rs 2.2 crore, East Godavari:
Rs 2.3 crore, West Godavari: Rs 8 crore
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Audit Report (Local Bodies) for the year ended 31 March 2006
The expenditure incurred on works was 64 per cent to 69 per cent during the
year 2002-03 to 2004-05 in Gram panchayats and more than 90 per cent of the
funds were utilised for the Education sector in Mandal Parishads. In Zilla
Parishads, the expenditure on the Education sector showed a declining trend
i.e. from 49 per cent to 46 per cent during 2002-03 to 2004-05
Director, State Audit is the statutory auditor for PRIs under the A.P. State
Audit Act 1989. C&AG conducts audit of PRIs under Section 14 of C&AG’s
(DPC), Act, 1971. Further, based on the recommendations of EFC, the State
Government entrusted the C&AG with the responsibility of providing
Technical Guidance and Supervision under Section 20 (1) of C&AG (DPC)
Act, for the proper maintenance of accounts and audit of Local Bodies. While
there were no arrears in audit conducted by Director, State Audit in respect of
ZPs, marginal arrears existed in respect of MPs. However, there were huge
arrears in the case of GPs. As of March 2006, audit of 6987 GPs was in
arrears. Out of these, audit of only 71 GPs had been completed by December
8
Chapter I – Finances of Local Bodies
2006. The Director, State Audit had so far prepared Consolidated State Audit
and Review Reports for the years 1998-99 to 2003-04 and had submitted them
to the Finance Department. Though the State Audit Act prescribes that the
reports should be laid on the table of the Legislative Assembly, the same had
not been done so far by the Government. Some of the major findings by
Director, State Audit related to excess/non-utilization/diversion/mis-utilization
of grants, non-collection of dues, advances pending adjustments, violation of
rules, wasteful expenditure, etc.
As per the EFC guidelines, the grants had to be utilized for maintenance of
civic services and the projects should normally have been those that were not
covered under any other schemes of GOI/State Government. The utilization of
EFC grants was test checked in three districts4 covering three ZPs, three DPOs
and Engineering divisions and 16 GPs to whom the funds were released. The
following points were noticed.
4
Kurnool, East Godavari and Ranga Reddy districts
9
Audit Report (Local Bodies) for the year ended 31 March 2006
• In four GPs5, out of EFC grant of Rs 36.93 lakh, Rs 6.65 lakh was diverted
for construction of GP office and market buildings in violation of the
guidelines.
• Similarly, out of Rs13.55 lakh given to Executive Engineer (EE), Kurnool,
Rs 5.86 lakh was diverted for purchase of stationery. The EE, further
released Rs 37.20 lakh to District Primary Education Project (DPEP) for
construction of Upper Primary and High Schools, although the guidelines
stipulated that funds should be released only for primary schools.
• In three GPs6, Rs 6.45 lakh out of total release of Rs 50.47 lakh lapsed due
to non-utilization of the amounts within the stipulated time. Similarly, in
three engineering divisions7 Rs 80.27 lakh out of Rs 1.48 crore lapsed.
• As per the guidelines, the EFC grants had to be released to the PRIs within
three months of their release to Government of Andhra Pradesh (GOAP).
However, it was observed that DPO, Kurnool released funds to GPs after a
delay of seven months.
• GOAP released Rs 4.68 crore (February 2005) and 2.18 crore (July 2005)
to District Panchayat Officer, Ranga Reddy (RR) district, who, in turn,
released the same to 705 GPs in the district for execution of development
activities. Utilisation Certificates for the second instalment of Rs 2.18
crore are yet to be obtained (April 2007).
• An amount of Rs 10.25 crore out of total grant of Rs 111.40 crore received
by ZP, RR district was kept in fixed deposits from March 2003, thereby
depriving the targeted rural population of the intended benefits.
• Similarly, out of Rs 12.80 crore placed with ZP, RR district for
computerization of GPs (March 2004), Rs 6.08 crore was released (Rs 4.18
crore for procurement of hardware and installation to GPs and Rs 1.90
crore was placed with NIC for creation of data base) in August 2004 and
the remaining amount of Rs 6.72 crore was kept in fixed deposits from
March 2004 onwards and is yet to be utilized.
As per paragraph 6.4 of TFC guidelines, the funds that were released by GOI
have to be transferred to the PRIs within 15 days. In case of delayed transfer
beyond the specified period of 15 days, the State Government should allow
interest at a rate equal to the RBI interest rate, along with the transfer of grants
to the PRIs. During audit of release and utilization of TFC grants, it was
observed that there were delays ranging between 39 and 110 days, in transfer
from Government to the lowest tier in case of three districts test checked.
However, interest was given by the GOAP only for 21 days. Though the
interest on delayed transfers was required to be transferred along with the
release of grants to the PRIs, the interest portion was actually released after a
delay of 44 days in respect of the 1st installment and 121 days in respect of the
2nd installment. Further, there were inordinate delays in transfer of funds to the
5
Golla mamidi, Neelapalli, Annavaram and Kowthalam Gram panchayats
6
Dowaleswaram, Golla Mamidi, Neelapalli GPs
7
EEs, RWS, Kurnool, Adoni and Nandyal
10
Chapter I – Finances of Local Bodies
MPs and GPs ranging between 11 to 47 days. While the delay in transferring
the interest portion by ZP ranged between 36 to 215 days, in Mahboobnagar
ZP, the interest portion pertaining to Gram Panchayats had not been
released so far.
The First State Finance Commission (SFC) was constituted during 1994. The
Second SFC started functioning from December 1998 and its Report
(2001-05) was placed in the legislative assembly in August 2002. While
reviewing the implementation of the recommendations of the First SFC, the
Second SFC pointed out that 34.5 percent of the recommendations relating to
Local Bodies were not accepted or accepted partially and several
recommendations, though accepted, were not implemented by GOAP.
8
Amendment Act No. 5 of 1995 Schedule 1 read with Sections 46, 161 and 192
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Audit Report (Local Bodies) for the year ended 31 March 2006
transferred along with the functions even as of January 2007 as per the status
indicated in Appendix- 1.
As per Para 6.2 of the Eleventh Finance Commission guidelines issued by the
Ministry of Finance, GOI, budget estimates of the State Government
(Demand 31) pertaining to Panchayat Raj, under Major Head 2515 - Other
Rural Development Programmes and other related Major Heads, (as well as
provisions for release of funds), were to be made as grants-in-aid under Minor
Head 196 – Assistance to Zilla Parishads for schemes, minor works, work
charges, maintenance of rural roads, RWS and other schemes. Similarly,
assistance to Mandal Parishads and Gram Panchayats was to be shown under
Minor Heads 197 and 198 respectively. Although the State Government’s
budget depicts the release of funds as assistance to PRIs under these
designated Minor Heads, not all the funds are directly released to the PRI
concerned. This was seen in case of schemes like ARWS, PMGSY, PWS,
RIDF10, etc., where the funds were being released to Executive Engineers
concerned through PAO by LOC system. The Executive Engineers of PR
Engineering and RWS divisions were in turn accountable to Engineer-in-
Chief, PR, who is the administrative authority for EEs and hence PRIs do not
have any effective control over execution of works.
9
Agriculture, Animal Husbandry, Social welfare, Fisheries, Backward classes welfare, Health,
Rural development, Tribal Welfare, Rural Water supply, Women and Child welfare.
10
Rural Infrastructure Development Fund (RIDF).
12
Chapter I – Finances of Local Bodies
1.1.10 Conclusion:
The Commissioner, Panchayat Raj did not consolidate the receipts and
expenditure accounts of PRIs reflecting poor monitoring of finances. Recovery
of tax and non-tax arrears was poor in GPs. The Budget and Accounts formats
for PRIs were implemented only in ZPs. These were implemented partially in
Mandals and were yet to be implemented in GPs. District Planning
Committees were not constituted in the State. Several deviations from the
guidelines and diversion of funds were noticed in utilization of Eleventh and
Twelfth Finance Commission grants. The State Finance Commission’s
recommendations were either not implemented or were partially implemented.
Although, the EFC had recommended devolution of 29 functions to PRIs, only
17 functions were devolved from time to time without corresponding transfer
of functionaries and funds.
1.1.11 Recommendations:
¾ The PRIs should make efforts to improve performance of collection of
arrear taxes and non-taxes and also utilize the available funds in a time
bound manner.
¾ The Audit Reports of Director, State Audit need to be laid on the table of
the Legislature as stipulated in the Act.
¾ District Planning Committees need to be set up without delay. Grants
should be utilized within a stipulated time to avoid lapse of funds.
¾ New accounting formats should be implemented at MPs & GPs level at an
early date.
¾ The State Government should expedite devolution of the three ‘Fs’ i.e.
Functions, Functionaries and Funds in respect of all the 29 subjects listed
in the Eleventh Schedule/Schedule I of APPR Act, 1994, for achieving the
objective of decentralization and grass-roots democracy in rural areas, as
laid down in the Constitution.
¾ To exercise effective control over execution of works, etc. by the PR
Engineering and RWS divisions, all the allocated funds should be routed
through PRIs.
¾ The recommendations of the State Finance Commissions should be
implemented.
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Audit Report (Local Bodies) for the year ended 31 March 2006
1.2.1 Introduction
As per the 2001 census, the total population of Andhra Pradesh was 7.57
crore, of which 2.05 crore reside in urban areas (27.08 per cent). As on 31
March 2006, 134 Urban Local Bodies (ULBs) existed in the State. Out of
these, 120 were Municipalities and 14 were Municipal Corporations. The State
Election Commission conducted elections to the ULBs in the month of
September 2005.
PRINCIPAL SECRETARY
MUNICIPAL ADMINISTRATION
14
Chapter I – Finances of Local Bodies
MUNICIPAL CORPORATION
MAYOR COMMISSIONER
DY. MAYOR
Standing
Committee Additional/Deputy
Commissioners
Ward
Committees
City Engineer
MEMBERS
Medical Officer of Health
Municipal Secretary
Other Staff
MUNICIPAL COUNCIL
The Municipal Council and the Corporations transact their business as per the
provisions of the Act concerned. There is a Standing Committee consisting of
the Chairpersons of all the Ward Committees in a Corporation. There are
Ward Committees in Municipalities. The Standings Committees and Ward
Committees shall meet for the transaction of business in the
Corporation/Municipalities from time to time; make such regulations with
respect to such meetings and with respect to the scrutiny of the municipal
accounts. The functions of the ward committee include maintenance of
sanitation, water supply and drainage, street lighting, roads, market places and
play grounds and school buildings and review of the revenue collections,
preparation of the Annual Budget and forwarding of the same to the Municipal
Council and sanctioning of works and schemes. The day-to-day administration
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Audit Report (Local Bodies) for the year ended 31 March 2006
rests with the Commissioner and his/her staff. Below the Commissioner there
are Additional/Deputy/Assistant Commissioners, Municipal Engineer, Medical
Officer, Examiner of Accounts, Town Planning Officer and other staff.
16
Chapter I – Finances of Local Bodies
The tax revenue comprising Property Tax trend from 2003-04 to 2005-06
mainly of property tax R upees in
increased sharply from Rs cro re 584.24
600
504.35 crore in 2003-04 to 580
560
Rs 602.31 crore in 540
520.41
2004-05. This was due to 520 490.75
the Government’s decision 500
480
(October 2004) to waive 460
interest on payment of 440
2003-04 2004-05 2005-06
arrears of property tax.
The non-tax revenue Property Tax
increased from Rs 271.58
crore in 2003-04 to Rs
415.15 crore in 2005-06. Water charges (Rs 119.91 crore) and encroachment
fee (Rs 84.90 crore) were the major contributors to non-tax revenue.
As of March 2006, the tax and non-tax revenue pending collection amounted
to Rs 284.85 crore and Rs 208.00 crore respectively.
Application of funds
17
Audit Report (Local Bodies) for the year ended 31 March 2006
Expenditure on pay and allowance during 2005-06 was 18.36 per cent of total
receipts and 18.18 per cent of total expenditure. The expenditure on Public
Health and Sanitation showed an increasing trend from 2004-05 to 2005-06.
The expenditure on various civic amenities in the last three years is depicted
below:
Expenditure on civic amenities both Capital and O&M
Based on the details of sources and application of funds over three years, it
was noticed that the percentage of recurring expenditure to that of receipts
increased from 58.53 percent in 2003-04 to 78.03 percent in 2005-06. The
comparison of receipts and expenditure for 2005-06 is depicted through pie
charts below.
290.65 278.23
Roads
540.44 84.64 Drains and Culverts
Tax Revenue 10.99
721.67 Buildings
Non-Tax Revenue 33.71
198.99 Public Health and sanit ation
Assigned Revenue
Water supply
Plan grants 213.06
Light ing
Non-Plan Grants 120.28
Remunerative ent erprises
Loans
Pay and allowances
Other income 175.8
415.15 38.83 Loans Repayment
96.11
441 Other expenditure
370.42
25.44
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Chapter I – Finances of Local Bodies
National Municipal Accounts Manual (NMAM) with double entry system, for
greater transparency and control over finances, and requested the States to
adopt the same with appropriate modifications to meet States specific
requirements. Accordingly, a Steering Committee was constituted by GOAP
and the Andhra Pradesh Municipal Accounts Manual (APMAM) was
developed during 2006-07. The APMAM is now being implemented by the
State Government.
1.2.5 Audit
Director, State Audit is the statutory auditor for ULBs under the A.P. State
Audit Act 1989. C&AG conducts audit of the ULBs under Section 14 of
C&AG’s (DPC) Act, 1971. Based on the recommendations of EFC, GOAP
entrusted the C&AG with provisions of technical guidance and supervision for
audit and accounts of Local Bodies under Section 20(1) of C&AG (DPC), Act.
11
Vishakhapatnam: 20 years, Hyderabad: 12 years, Rajahmundry: seven years, Kurnool:
six years
19
Audit Report (Local Bodies) for the year ended 31 March 2006
(Rupees in lakh)
1. Grants released from the Centre 16465.70
2. Matching contribution provided by
a) Urban Local Bodies 7126.16
b) State Government --
3. Total (1+2) 23591.86
4. Grants released to Urban Local Bodies 16465.00
5. Utilization of grants by Urban Local Bodies
a) Maintenance of Accounts 0
b) For creation of data base 21.86
c) For maintenance of Civic Services 23570.00
As per the EFC guidelines, the grants had to be utilized for maintenance of
civic services. However, it was observed that out of EFC grants of Rs 164.65
crore, Rs 54.41 crore (33.05 per cent) was utilized for payment of outstanding
electricity consumption dues in violation of the guidelines. Rs 29.91 crore was
utilized in 2001-02 itself for payment of outstanding dues of previous years.
As per the guidelines, the funds were not permitted to be diverted for any
other purpose than for which released. However, the GOAP adjusted the
pending electricity charges of the ULBs directly, while releasing the grant by
settling with APTRANSCO. The guidelines also stipulated that only works not
covered under other schemes of GOI/State Government could be taken up.
However, GOAP released Rs 14.09 crore to ULBs for ‘Chief Minister’s
Assurances’ scheme. In Chittoor Municipality, an amount of Rs 1.95 crore
intended for improvement of water supply was diverted for payment of
salaries, office expenses, etc. Instances of parking of funds in fixed deposits
were also noticed in Kurnool Municipal Corporation which have been
highlighted separately in Para 3.2.5 of this Report.
As per TFC guidelines, the funds released by the GOI have to be transferred to
the ULBs within 15 days. However, there were delays ranging from 41 days
to 94 days in transferring the TFC funds to ULBs. Further, the delay was
calculated only up to the date on which the CDMA issued proceedings
transferring the funds, instead of taking the actual date of receipt by the ULBs.
The interest on delayed transfers was released after a delay of another 110
days in respect of 1st installment and the amounts were still lying (January
2007) with the CDMA and were yet to be transferred to ULBs. The interest
portion for the second installment was yet to be released by GOAP.
Moreover, GOAP was yet to make available (January 2007), the records and
information to take up audit of utilization of TFC grants.
1.2.8 Conclusion
The collection of property tax, which is the major source of tax revenue in
ULBs, revealed fluctuations. There were substantial amounts of tax and
non-tax revenue pending collection in ULBs. The Andhra Pradesh Municipal
Accounts Manual adopted by the State Government is yet to be implemented.
There were huge arrears in audit of ULBs by the Director, State Audit,
primarily due to non-compilation of accounts. District Planning Committees
have not been constituted so far in the State. Several deviations to the
prescribed guidelines and diversion of funds were noticed in utilization of
Eleventh and Twelfth Finance Commission grants.
1.2.9 Recommendations
¾ The ULBs should take steps to improve collection of arrear tax and non-
tax revenue.
¾ ULBs should compile annual accounts that are in arrears in order to enable
audit by Director, State Audit and thereby ensure greater transparency and
accountability. As stipulated in the Act, Government should place the
Audit Reports of the Director, State Audit in the Legislature.
¾ Government should ensure that District Planning Committees are set up at
the earliest to ensure that district plans are approved only after proper
appraisal by the DPCs.
¾ Diversion of grants should be avoided and timely release of grants to the
ULBs be ensured for utilization for the purposes for which released. The
recommendations of State Finance Commissions need to be implemented
in time.
21