UNIT – IV

LOCAL ADMINISTRATION
District’s Administration head: Role and Importance, Municipalities: Introduction,
Mayor and role of Elected Representative, CEO of Municipal Corporation.

Panchayat Raj: Introduction, PRI: Zilla Panchayat, Elected officials and their roles,
CEO Zilla Panchayat: Position and role. Block level: Organizational Hierarchy
(Different departments), Village level: Role of elected and appointed officials,
importance of grass root democracy.
 DISTRICT ADMINISTRATION – Head, Role and
Importance
 A District Collector is the head of district administration and the
official agent of the state government in the district. His office is
called as Collectorate.

 The Revenue and General Administration Department and the

Registration Department of the district administration are directly
under the charge of District Collector.

 However, the District Collector has a multi-functional role and

controls each and every aspect regarding the district administration.

 The District Collector belongs to the General Administration

Department of the state government (i.e. the State Secretariat) which
is headed politically by the Chief Minister and administratively by the
Chief Secretary.
ROLE/FUNCTIONS OF THE DISTRICT COLLECTOR

 He is the in charge of revenue collection in the district – land

revenues, government taxes, taccavi loans, maintain land records,
land acquisition (for industries, slum clearance, capital construction,
etc).

Law and Order Administration - The district police force headed

by the District Superintendent of Police is kept under the control,
supervision and direction of the district magistrate. When there is
threat to public peace, section 144 of the Criminal Procedure Code is
 To supervise and control the local bodies, to inspect jails and to
submit annual criminal report to the government are other roles
performed by the district magistrate as part of law and order
administration.

 Acts as Returning Officer for elections to Parliament and Assembly

constituencies in the respective district.

 He supervises municipal administration in the district.

 A Collectorate is the office of District Collector located in the

headquarter of the district. It is divided into various sections which
helps the collector to perform his administrative responsibilities.

Role of Departmental District Officials

 Majority of the state departments are represented at the district

level. Each district department has its own Head. The heads of these
district departments are the technical personnel, i.e., specialist civil
servants. However, the district collector supervises and coordinates
their work.
Administration below the District Level:

 District Rural Development Agency (DRDA) - Organisation

It is the principal organ at the district level to manage and oversee

the implementation of different anti-poverty programmes of the
Union Ministry of Rural Development.
 MUNICIPALITIES

74th Constitutional Amendment Act of 1992

Part IXA, Articles 243P – 243ZG , 12th schedule (18 items)

Constitution of Municipalities: 3 types

1. A Nagar Panchayat
2. A Municipal Council
3. A Municipal Corporation

 Composition of a Municipality: All the members of a

municipality shall be elected directly by the people of the municipal
area. For this purpose, each municipal area shall be divided into
territorial constituencies to be known as wards. The state legislature
may provide the manner of election of the chairperson of a
municipality.

 Ward Committees

 Metropolitan Area Committees

 Reservation of Seats : The act provides for the reservation of seats for
the
scheduled castes and the scheduled tribes in every municipality in proportion
of their population to the total population in the municipal area.

Further, it provides for the reservation of not less than one-third of the total
number of seats for women (including the number of seats reserved for
woman
belonging to the SCs and the STs).

 Duration/Term of Municipalities: 5 Years ± 6 months

 Powers of Municipalities

Finances :The state legislature may (a) authorize a municipality to levy,

collect and appropriate taxes, duties, tolls and fees;

(b) assign to a municipality taxes, duties, tolls and fees levied and collected
by state government;

(c) provide for making grants-in-aid to the municipalities from the

consolidated fund of the state; and
(d) provide for constitution of funds for crediting all moneys of the
municipalities.
 MAYOR – Powers and Functions

 All the municipal corporation acts of various states provide for the
office of Mayor and deputy Mayor. They both are elected by the
corporators from amongst themselves.

 The most important statutory function of the mayor is to preside

over the meetings of the council and guide its deliberations, to
maintain decorum, and exclude any objectionable portion from the
record of the
proceedings of the council.
 He is also empowered to expel and even suspend members for
gross misconduct or disorderly misbehavior. In case of a tie, he
exercises his casting vote.

 He may call special meetings of the council when considered

necessary and shall have to call a meeting when asked by a specified
number of councillors.
 He has access to all records of the corporation and he can supervise/inspect
the work of the corporation.

 He, being the first citizen of the city, has to perform a large number of
social duties and most of his official time is, therefore, consumed by functions
of social and public nature, such as receiving distinguished visitors, visiting
institutions as the chief guest, laying foundation stones, performing opening
ceremonies, attending public meetings, etc.

 He is the leader of the majority party. He has full rights of participation in

the proceedings of the council. As a presiding officer, he is not passive and
non-partisan. Beyond this, he may exercise the influence in the corporation’s
administration depending not on legal and formal provisions but on his own
personality, tact, will, and time.

 The indirect election of the mayor, combined with his one year tenure,
makes him more a figure head than an active functionary. Since he is elected
by the councillors, not directly by the people, he cannot be said to have
obtained a mandate from the people, and therefore, cannot speak and assert
in the name of the people.
CEO of Municipal Corporation

 The municipal commissioner is the chief executive officer of the

municipal corporation. He is at the top level of the municipal
administrative hierarchy and maintains the entire administrative
machinery under his control.

 The municipal council is the legislative body laying down policies for
the civic governance of the city and the administration of these
policies is the responsibility of the commissioner.

 The separation of policy making from its execution is crucial.

 Only senior officers from the IAS cadre are appointed as CEO of MC.

The commissioner is appointed for a period of three years, which can

be further renewed by the state government for a term not exceeding
three years.
 The act provides that the state government may recall him at any time by
giving a notice of at least one month to the corporation. The government
shall have to recall him if the council passes a resolution by a majority of not
less than two-thirds of the total number of members, in a specially convened
meeting for the purpose requesting the government to do so.

 He is authorized to attend the meetings of the council and the committees.

Though he can participate in the meetings of the council, he does not have
power to vote.

 He is to prepare the budget estimates and after these have been passed to
submit them to the state government for approval. He is to keep the mayor
informed of all the official correspondence which he might enter into with the
state government.

 He can make appointments to the posts carrying certain grade in the

municipality.

 As a whole time municipal officer in charge of municipal administration he is

required to spend most of his time even outside office hours, in looking to
daily correspondence, planning, designing and reporting for the purpose of
improving the welfare of the citizens of the municipal area.
 PANCHAYAT RAJ INSTITUTIONS

73rd Constitutional Amendment Act of 1992

Part IX, Articles 243 – 243O, 11th Schedule (29 functional items)

 Article 40 of DPSP: The State shall take steps to organize village

panchayats and endow them with such powers and authority as may
be necessary to enable them to function as units of self-government.

Salient features of the Act:

 Gram Sabha – village assembly

 Three-Tier System: Panchayats at village, intermediate and district

levels called as Gram Panchayat, Mandal Parishad and Zilla Parishad.
Sarpanch is the elected head of the Gram Panchayat, Mandal
Parishad has MPTC members and Zilla Parishad has ZPTC members
who will in turn elect their respective chairpersons through an indirect
election.
 Reservation of seats for SC, STs in every panchayat at all the three
levels. Reservation of not less than one-third of the total number of
seats for women. Reservation for other backward classes is given by
state legislature as required.

 Duration of Panchayats – 5 years

 Disqualifications are decided by any authority which is referred by

the state legislature.

 Role of State Election Commission: The superintendence, direction

and control of the preparation of electoral rolls and the conduct of all
elections to the panchayats shall be vested in the state election
commission.

Powers and Functions

(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 29
matters listed in the Eleventh Schedule.

 Finances to the panchayats and the role of the Finance Commission.

Compulsory and Voluntary Provisions in the 73rd amendment act of

1992:
Compulsory Provisions:

1. Organisation of Gram Sabha in a village or group of villages.

2. Establishment of panchayats at the village, intermediate and district

levels.

3. Direct elections to all seats in panchayats at the village, intermediate and

district levels.

4. Indirect elections to the post of chairperson of panchayats at the

intermediate and district levels.

5. Constitution of a State Finance Commission after every five years to review

the financial position of the panchayats.

6. Reservation of one-third seats (both members and chairpersons) for

Voluntary Provisions:

1. Giving representation to members of the Parliament (both the Houses) and

the state legislature (both the Houses) in the panchayats at different
levels falling within their constituencies.

2. Providing reservation of seats (both members and chairpersons) for

backward classes in panchayats at any level.

3. Granting powers and authority to the panchayats to enable them to

function as institutions.

 The Panchayats (Extension to the Scheduled Areas) Act, 1996 or

PESA Act

To provide self-rule to the bulk of tribal population, to safeguard and preserve

the traditions and customs of tribal communities, etc.

To evolve a suitable administrative framework consistent with traditional

practices.

 Features of the PESA Act, 1996

 ZILLA PANCHAYAT

Constitution and composition of Zilla Panchayat/Parishad

Every Zilla Parishad shall consist of ZPTC members elected directly. It

shall also consist of the Member of the Legislative Assembly of the
State representing the constituency which comprises either wholly or
partly the district concerned.

The Member of the Legislative Council of the State who is a member

of the Mandal Parishad is also part of the Zilla Parishad.

The Member of the House of the People (Lok Sabha) representing the
constituency which comprises either wholly or partly the district
concerned and the Member of the Council of States (Rajya Sabha)
who is a registered voter in the district are also part of the Zilla
Parishad.

For the purpose of electing the members of Zilla Parishad, every

Mandal in the District shall be made a territorial constituency and the
State Election Commissioner shall allot not more than one seat for
each such territorial constituency.
Election of Chairperson and Vice-Chairperson of Zilla Parishad shall be made
through a process of indirect election.

CEO Zilla Panchayat – Position and role

There shall be Chief Executive Officer for every Zilla Parishad who shall be
appointed by the state government and vested with him the executive
functions as per the Panchayat Raj Act as follows:

(a) perform all the responsibilities and functions and exercise all the powers
specially conferred or imposed upon him by or under this Act, or under
any other law for the time being in force; and

(b) lay down the duties of all officers and servants of, or holding office under
Zilla Praja Parishad in accordance with the rules made by the state
government.

Other functions vested with the CEO zilla panchayat include:

(i) attend the meeting of the Zilla Praja Parishad or any of its Standing
Committees including any meeting of the Mandal Praja Parishad and take
part in the discussions thereat but shall not be entitled to vote or to move
any resolution;
(ii) call for any information, statement of account or report from any officer or
servant of, or holding office under the Zilla Parishad or a Mandal Parishad or
Gram Panchayat.

(iii) shall exercise supervision and control over the acts of the officers and
servants holding office under the Zilla Praja Parishad or the institutions there
under in matters of executive administration and those relating to accounts
and records of the Zilla Praja Parishad or the institutions there under.

(iv) shall have the custody of all papers and documents connected with the
proceedings of the Zilla Praja Parishad and of its Standing Committees.

(v) shall be responsible for implementing the resolutions of the Zilla Praja
Parishad and of the Standing Committees thereof. Shall take necessary
measures for the speedy execution of all works and development schemes of
the Zilla Praja Parishad.

(vi) shall have the power to enter upon and inspect any work, scheme or
institution under the management of a Zilla Parishad or a Mandal Parishad, if
the Zilla Parishad or any of its Standing Committees so direct.

(vi) shall be the competent authority to enter into agreements and to sign
and execute them in the name and on behalf of the Zilla Parishad from time
to time.
 The Chief Executive Officer shall, with the approval of, or on the direction of
the “Chairperson” convene the meeting of the Zilla Parishad so that at least
one meeting of the Zilla Parishad is held every month and if the Chief
Executive Officer fails to discharge that duty, with the result that no meeting
of the Zilla Praja Parishad is held within a period of ninety days from last
meeting, he shall be liable to disciplinary action under the relevant rules:

 Provided that where the “Chairperson” fails to give his approval for
convening the meeting so as to hold a meeting within the period of ninety
days aforesaid the Chief Executive Officer may himself convene the meeting
in the manner prescribed.

 The state government shall have power to make rules to regulate the
classification and methods of recruitment, conditions of service, pay and
allowances and disciplinary conduct of the Chief Executive Officer appointed.

 The following members shall be permanent invitees to the zilla panchayat:

(i) the “Chairperson”, District Co-operative Marketing Society; (ii) the
“Chairperson”, Zilla Grandhalaya Samstha; (iii) the “Chairperson”, District Co-
operative Central Bank; (iv) the District Collector; (v) all Presidents of Mandal
Praja Parishads in the District.
Block Level Organizational Hierarchy – Different Departments

Core Staff:

1. Block Development Officer (BDO)/ Executive Officer (EO)

2. Block Panchayat Raj Officer (BPRO)
3. Superintendent (Supdt.)
4. Accounts Officer (A.O.)
5. Panchayat Development Officer (PDO)
6. Junior Engineer (JE)/Technical Assistant (TA)
7. Extension Officer (EO) (Planning and Monitoring)
8. Executive Assistants (General) (EA(G))
9. Executive Assistant (Accounts) (EA(A/c))

Sectoral staff: Extension Officers to be provided by the concerned Sectoral

Departments to implement and monitor sector-wise programmes /
schemes approved for the implementation.
Village Level – Role of Elected and Appointed Officials

Gram Sabha

A Gram Sabha shall consist of all persons whose names are included in the
electoral roll for the Gram Panchayat. Gram Sabha shall meet once in two
months on such day and at such place and at such time as fixed by the
Gram Panchayat, and in any case within a period of 10 days from such date;

 The Sarpanch or in his absence the Upa-Sarpanch shall convene such

meetings of the Gram Sabha; and the Sarpanch or as the case may be the
Upa-
Sarpanch as the convenor of meetings of the Gram Sabha shall, invite the
members of the Mandal Praja Parishad, the Zilla Praja Parishad and the State
Legislature representing the area of the Gram Panchayat to such meetings.

 The Gram Panchayat shall place before the Gram Sabha a report on the
developmental programmes relating to the Gram Panchayat during the
previous period and those that are proposed to be undertaken during the
current
period, and the expenditure therefor, the annual statement of accounts, audit
report and the administration report of the preceding year.

 While conducting six Gram Sabhas in a year at least two Gram Sabhas shall
Functions/Duties of Sarpanch:

(a) exercise all the powers and perform all the functions specifically conferred
or imposed on the Sarpanch by the Panchayat Raj Act or the rules made
thereunder

(b) exercise administrative control over the Panchayat Secretary and

supervise his work for the purpose of implementation of the resolutions of the
Gram Panchayat or any committee thereof;

(c) incur contingent expenditure up to such limit as may be fixed by the

Government from time to time and authorize payment and refunds with the
approval of Gram Panchayat;

(d) act only within the terms of sanction given in any resolution of the Gram
Panchayat; (e) maintain sanitation in the village; (f) take up plantation and
maintain Green coverage in the village;

(g) for the purpose of effective functioning of the Gram Panchayat, the
Sarpanch shall reside in the village and visit the Gram Panchayat office
regularly.

 Failure of Sarpanch in performing the above duties shall result in removal of

the Sarpanch by the District Collector after providing him due opportunity for
Rights of individual elected members of Gram Panchayat:

(1) All suggestions made by any member shall be attended by the Panchayat
Secretary.
(2) Every member shall have the right to move resolutions and to interpellate
the Gram Panchayat on matters connected with the administration of the
Gram
Panchayat, subject to such rules as may be prescribed.

(3) Every member shall have access during office hours to the records of the
Gram Panchayat.

Appointed officials of Gram Panchayat:

1. Panchayat Secretary:

 Inform the Sarpanch and members of the scheduled due date on which a
meeting of the Gram Panchayat is to be convened; with the approval of, or on
the direction of the Sarpanch arrange for such meetings.

 He shall attend the meetings of the Gram Sabha and Gram Panchayat or of
any Committee thereof and shall be entitled to take part in the discussions
thereat but he shall not be entitled to vote or to move any resolution.
 He shall be responsible for furnishing a copy of the resolutions to the
Extension Officer (PR&RD) within three days from the date of meeting.

 With the approval of the Gram Sabha and Gram Panchayat, G.P. Secretary
prepares annual budget estimates starting from the 1st April and ending on
the 31st March, presents the details of the estimated and actual annual
income and expenditure for the preceding year ending 31st March in the
meeting of the Gram Panchayat.

 Controls the officers and employees working under the Panchayat, subject
to the general superintendence and the control of the Panchayat.

 Keep accounts of the income of the Gram Panchayat from the tax / fee, and
the grants received from the government and the expenditure incurred.

 Prepare the monthly, quarterly, half-yearly and annual statement of the

Accounts and place the same before the Gram Panchayat. Place before the
Standing Committee for the finance the monthly accounts of the Panchayat
by the prescribed date.

 The performance report in respect of duties assigned to the Panchayat

Secretary shall be published in public domain every month, and if any short
comings are found, the Panchayat Secretary shall be liable for disciplinary
action.
2. Accountant-cum- Cashier (A/c-C-C)

3. General Assistant (with Knowledge of Computer Applications and

Operation)

4. Sahayak Gram Sachiv (SGS)

5. Gram Rozgar Sewak (GRS)

6. Junior Engineer (Technical Assistant)

7. Panchayat Development Officer (PDO)/ Panchayat Coordination

Officer (PCO)

 PDO/PCO and Junior Engineer (Technical Assistant) will be placed at the

block headquarters and will look after the matters relating to the Gram
Panchayats assigned to them and liaise with the implementing departments
in the area.