Chapter III

Three Tier Panchayati Raj in Jashpur District- Bagicha Block and Panchayat- Gram Sabha

Introduction The Panchayati Raj Act has established a three tier P~chayati Raj in Chhattisgath. The State is divided into districts. It is supposed that the power in local aff.W:s is to be completely transferred to the rural areas to the Panchayats. India has suffered a lot due to excessive centralization in the past, as we have seen in the past the British rule destroyed the local self-governing institutions in the villages. Throughout history these local village institutions have played a vital role in the development of the villages. The British inttoduced a high degree of centralization in the district taking away all the powers from the villagers and handing them over to the Collector and the district officials like the S.D.Os, the Tahsildars, the Naib Tah.sildars the Revenue Inspectors and the Patwaris. The mistake was realized nearly after fifty years of Independence. Now the constitution has been amended. It provides for Panchayatt Raj institutions with full local autonomy. The district administration is not supposed to interfere in the working of these local bodies. The work of local development is to fully leave in the hand of the Panchayats. Section 8 of the Chhattisgarh Panchayati Raj Act mentions three tiers Panchayats:

(1) For the villages the Gram Panchayats. (2) For the block the Block Panchayats or the Janpads. (3) For the district the District Panchayats or the Zila Panchayats.

Bagicha Gram Bagicha is a Gram Panchayat as well as the headquarter of the Block, hence the Block or the Vikas Khand Panchayat headquarter is also at Bagicha. The Gram Panchayat, the Vikas Khand o:r the Block Panchayat and the District or the Zila Panchayat are all separate entities with independent legal status. AD the three act independently in their sphere.

The Term of the Bagicha Gram Panchayat The term of the Bagicha Gram Panchayat is five years. It can be dissolved earlier, but its term cannot be extended beyond five years.

The election to the Gram Panchayat • The election to the Gram Panchayat should be completed six months before the Gram Panchayat completes its term of 5 years.

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The State Election Commission The conduct of election to these local bodies has been entrusted to the State Election Commission. The State Election Commission will be an independent body like the National Election Commission. The Chainnan of the State Election Co~ssion will be app<!inted by the Govern~. The State Govem~ent will appoint other officers and staff for the conduct of the elections. · ' In the Chapter IV of the M.P. Panchayat Raj Avam Gt-am Swaraj Adhiniwn 1993 which has been followed by the State of Chhattisgath to conduct election to the Panchayats, has been entrusted to the State Election Commission. Art. 243-K of the constitution and section 42 vest in the Commission superintendence, direction and control of the preparation of electoral rolls for, and the conduct of election and Rule 17 (3) of the Rules confers on the Commission power to issue such special or general orders or directions which may not be inconsistent with the provisions of the Act for fair and free electrons. Rules 33 (6) declares that the order accepting or rejecting the nomination paper passed by the Returning Officer shall be final Article 243-0 (B) is enacted to prescribe manner in which and the State in which this ground and other grounds which may be :raised in law to call the election in question could be raised. By necessary implication, it follows from the language of the provision that these grounds cannot be urged in any other manner or at any stage and before any other court. The scheme of Article 243-(B) read in the light of Rule 33 (6) is that the decision of the Returning Officer shall be final subject to review only by the Election Tribunal in a duly filed election petition. 1 The order filed by the Returning Officer accepting or rejecting the nomination paper is not subject to review at any other stage or by any authority other than Election Tribunal. 2 It is significant to note that the rules do not provide an appeal to the Commission or revision suo motu or otherwise to the Commission against the order of Returning Officer. These circumstances make it clear that whatever be the amplitude of the power vested in the Constitution under Article 243-K and section 42 of the Act, it does not take in the power of upsetting the final decision

arrived at by the Returning Officer accepting or rejecting the nomination paper. 3 The Election Commission had no Jurisdiction to interfere at that stage in that matter. The Power of counter minding the poll leading to fresh election cannot be exercised in the case of rejection of nomination papers of all candidates except one particularly in view of Article 243-0(F) and rule 33 (6) of the Rules. Wrongful acceptance or rejection of nomination paper is a ground, which could be urged in election petition. 4

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Jurisdiction of Election Commission Where some nomination papers have been rejected by the Retuming Officer, resulting in only one candidate in the field. the order cannot be challenged or suo motu revised by the Election Commission. The Order of the Returning Officer is final subject to an order passed in revision by the prescribed authority under Rule 36.

Power to appoint Officers and Staff and to assign Duties and Functions to them ·

(1) In the exercise of powers under section 42, the State election commission, may in consultation with the State Government, appoint officers and members of staff for conducting elections to Panchayats.

(2) The State Election Commission may assign such duties and functions to officers and members of staff appointed under subsection; (a) and invest such officers and members of staff for conducting elections to Panchayats, (b) the State Election Commission may assign such duties and functions to officers and members of staff appointed under sub-section (i) and invest such officers and members of staff appointed under sub-section, (li) and invest such officers and members of staff with such powers in relation to such areas as it may deem necessary or consider fit in relation to conduct of

elections or matters connected therewith or incidental thereto. 5

Powers to make rules The State Government shall in consultation with the State Election Commission make roles for the preparation of electoral roles and conduct of all elections to the Panchayats.

Pancbayat Elections in Chhattisgarh 2004 The first election to Panchayats in Chhattisgarh was held in April 2004. The Panchayats that existed in Chhattisgarh from 1999-2004 were elected by in Madhya Pradesh. The term of five years was being completed in Apri12004. Hence the elections were declared 6 months prior to this date. Though Bagicha is a tribal dominated village, there is reservation of seats for the ST because they are still backward politically. The non-tribals are far ahead in politics. The reservation of seats helps them to take part in active politics. The previous election result is listed to show the members elected from different wards. There are 20 words.

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p h anc ayat T eam- 1999-2004 S.No. Name Fathers Name WardNo. Post Elected 1. Saroiini TilU!;a Davanand TiiWl ~ ch 2. Prnmod Gupta f.P. Gupta 01 Ups ch 3. Radheshvam Sivwansi 02 Panch 4.' Chaitu Sav DuiniSay '03 Panch ' 5. Gita Gur>ta Keswar Gupta 04 Panch 6. Saknntala Samvon Sai 05 Panch 7. Bas anti Mangal say 06 Panch 8. Jacinta Toppo T. Toppo 07 Panch 9. Pva.tas Ram BothaRam 08 Panch 10. Promod langli 09 Panch 11. Lili Siv Prasad 10 Panch 12. Hele TaldeoRam 11 Panch 13. Saroiini Deonand 12 Panch 14. Shantlal Ekka Simon 13 Panch 15. Saniav Singh Bahadur Smgh 14 Panch 16 -. ath Fateh 15 Panch 17. Binod Nikuni HiraRam 16 Panch 18. Kam1a Budram 17 Panch 19. Pawan Yadav Sukra 18 Panch 20. Banti Gupta Sitaram 19 Panch 21. Vinod Saniav Agarwal 20 Panch

The State and the Central Government have various schemes for the development of SC and ST. There are tribals and non-tribals living in Bagicha Grnm Panchayat. The following information has been received from the Sachiv.

Tribals

Families No.

(1) Nagesia 31 (2) Gond 11 (3) Lohar 29 (4) Chink 08 (5) Sahnai (Dom) 14 (6) Korwa . 94 (7) Samas (Oraons) 102 (8) Christians (Oraons) 96

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(9) Chamar (10) Mahakul (11) Dhobi (12) Kewat (13) Gayar (14) Ahir (15) Kumhar

Non-Tribals

08 16 12 10 39 40 05

(1)Jain 13 (2) Brahmin(Sharma) 19 (3) Muslim 82 (4) Sikh 01 (5) Banias(Gupta) 69 (6) Soni 10 (T) Sinha(Lala) 13 (8) Agarwal 24

Generally the Bagicha population shows the population of Onon scheduled tn"'bes and Hindus divided in Savar:nas (Brahmans, Kshtriyas and Vaishyas) and SC and ST and Other Backward Classes. The information shows that the Jain's reside in good number. The Christians are in majority. The Oraon trials were once upon a time converted to Christianity. The Oraons who are converted to Christianity and who are following the original Sarna religion are in majority in Bagicha Gtam Panchayat. Muslims are also in good number. Bagicha has Satnamis or scheduled castes. Nagesias, Chink, Chidars are tribal people and can be grouped in the Otaon tnbe. News was flashed recently in the local paper that crores and crores of rupees were given in loans to the Pahadi korwas and Birhors residing in the heart of the forest and hills for potato cultivation. The banks advanced credit to these Pahadi Korwas and Birhors for improving the living condition of these poor people. But the middlemen have swindled this amount and nothing reached these very backward and unprivileged people. In the dection to the village Panchayat in 2004 the following results were published as per orders of the collector, C.L Y adava for the Bagicha Gtam Panchayat.

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P h tT anc aya eam- 2004-2009 S.No. Name Fathers Ward Post Elected

Name No. 1. Prabhat Kumar P.P. Sidam s ch 2. Pvaras Ram Boya 01 Panch Unopposed 3. InderRam Dw:yodan 02 Panch Unopposed 4. ' Nirmal Manu Say 03 Panch ' 5. Shyamlal Suklu 03 Panch 6. Dinesh Sharma Mulchand 04 Panch Unopposed 7. Naresh Gupta Ramlakhan OS Panch 8. Avadhut Narayan 06 Panch 9. Sulendra MangalNath 07 Panch Unopposed 10. Sanjay L.P. Denjare 08 Panch 11. Re~a Lallu 09 Panch 12. Phulso T~dish 10 Panch 13. Anand Tulsi Ram 11 Panch 14. Dilu Madhusudan 12 Panch 15. Binod Jeetu 13 Panch 16 Pramod Gupta J.P. Gupta 14 Panch 17. Rajkumari Ganesh 15 Panch 18. 19. 20. 21.

Sukita Raiin 16 Panch Bhokto T~Ram 17 Panch BinodKumar Hira 19 Panch Vindhyachali Arjun 20 Panch

Analysis of the above Data There are 20 wards. The 4 Panchas won unopposed There was no election in the wards. Rest 16 wards had elections. The winning candidates had to face one or two and in many cases three or four candidates opposing him/her. The Elections were not contested on party Jines as per directive of the Panchayati Raj Act. But this directive though mandatory was not followed in practice. The candidates had no party symbols, but the parties did take part in the election indirectly. The two major parties supported their candidates and canvassed for them. Canvassing was done on door-to-door basis. As compared to the plain lands of Chhattisgarh: Raipur, Dut:g, Dlwntari., Mahasamund, Kawardha, Rajnandgaon, Bilaspur, Janjgir, Raigarh, the elections did not generate heat and the candidates did not invest so much money. Still political parties had come to these tribal villages. The two parties were the Congress and the BJP very much interested in elections. I knew it by interviewing leading personalities in the villages; the party workers, the party elite and members participated in the elections without giving their nan\e or label

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Of cow:se, the Panchayati Raj elections in the plain regions have taken the fonn of a mini Vidhan Sabha election with 4,5, 6 candidates contesting from a ward. The amount spent in each ward, in the case of a Sarpanch comes to some thing like a lakh or more, and ward members or Panchs spending not less than fifty thousand. Though the elections to Panchayats have not been contested so bitterly and so much amount is not spent here. Still as compared to the first Panchayat elections, the recent election of 2004 . has resulted in moie participation and more contested and more money has been spent in the election. · The next result has been that the village or the Block center as it is, has been more politicized as compared to the first election. In the first election (election took place under M.P. Government) many seats returned unopposed. In the second election (after becoming Chhattisgarh) four seats were uncontested, having only one each nomination filed candidate for the post. Even in a tribal dominated village Panchayat three Savarnas have successfully contested and won; one is a Brahman (Dinesh Sharma), other two are Vaishyas (Naresh Gupta and Pramod Gupta). It also indicates that the vishyas or businessmen are playing a leading role in Bagicha Panchayat. Previous was a Christian Oraon and woman Smt. Satojini Tigga. of course backed by the Congress. The present Sarpanch is a male (Ptabhat Kumar Sidam) and is backed by RSS and BJP. This time four women have been returned as Panchs. In the first election there were 5 women Panchs including one Sarpanch. This time four women have been elected as Panchs. The number remains the same. The percentage of women in the Panchayat seat of 20 is thus 4'20x100=20%. This is fuirly all right as the women are slowly becoming more conscious and politicized. In appendix attached the number of wards for Kurumkela and Bagicha has been described with the number of voters in them. These two villages Kurumkela and Bagicha are combined together to form the Bagicha village Panchayat.

B . h G tam Sagtc a an ayat p cha Ward Village House No. Voters Total Seats No. Name Voters Allotted

1 2 3 4 5 6 01 BaW,cha 01 to 24 01 to 165 165 ST 02 BaW,cha 25 to 56 166 to 330 165 sc 03 BaW.cha 57 to84 331 to462 131 SC woman 04 Bagicha 86 to 124 463 to 617 155 ST

OS BaW.cha 124k to 141 618 to708 91 Unreserved 06 Bagicha 141k to 161 709 to 859 151 Backward

07 Bagicha 161k to191 860 to 1086 m sc 08 BaW,cha 192 to286 1087to1214 128 ST

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09 Kurumkela 1 k to 35 1215 to 357 143 Genef21 10 Kurumkela 36 to 62 k 1358 to 516 158 ~~woman

11 Kurumkela 63 to 75 d 1517 to 1598 83 sr woman 12 Kurumkela 76 to107 1599 to 1730 132 Unreserved 13 Kurumkela 108 to134k 173 to 1831 101 Gen. woman 14 Kurumkela 135 to 158 1832 to 1956 125 ST -15 Klmunkela 159 to 180' 1957 to 2062 106 Unreserved 16 Kurumkela 181 to202 2063 to 2196 134 SCwoman 17 Kurumkela 203 to228 2197 to 2311 115 STwoman 18 Kurumkela 229 to250 2312 to 2395 83 ST 19 Kurumkela 251 to 274 2396 to 2504 108 ST 20 Kurumkela 275 to 309 2505to 2624 12Q Uru:dwoman

Total 2621

Chapter II of the Act deals with the Gram Sabha In Section 3 of the Act the notification of a village is mentioned. The Governor shall by public notification specify a village or gr:oup of villages to be a village for the purpose of this Act. The constitution of Gram Panchayat with head quarter at a particular place by state Government cannot be interfered with. A preliminary notification creating a unit of local government described as "village" grouping certain villages when published. The decision of the authorities in constituting a Gcam Panchayat by a particular name was perfectly in accordance with law. The High court will not sit over judgment on such decision a court of appeal and would not substitute if its own views. The notification having been issued in exercise of powers, which were legislature in character, were in accordance with law and the decision called for no interference. 6 Thus a village has a different meaning under this Act than what we understand in the natural course. The definition given in the clause XXIX of the Act, Section 2 read with the provision of this section make it clear that a village under the Act may be one or group of more than one villages as specified by Government Section 4 deals with the List of Voters of a village. For every village specified under section 3 there shall be a list of voters, which shall be prepared in accordance with the provisions of this Act and Rules made there under. Section S deals with the registration of voters of a village. Every person who is qualified to be registered in the Assembly roll relatable to a village or whose name is entered therein and is ordinarily resident within the village shall be entitled to be registered in the list of voters for more than one village. Provided that: (a) No person shall be entitled to be registered in the electoral roll

relating to any other local authority. (b) No person shall be entitled to be registered

51 . 4.i~l!llll~f

in the list of voters if he is registered in the electoral roll relating to any other local authority. This provision is further given an explanation- (i) The expression "ordinarily resident'' shall have the meaning assigned to it in section 20 of the Representation of the peoples Act 1950 subject to the modification that reference to "constituency" there will be construed as a reference to 'village,. (ti) A person shall be disqualified for 'registration in the list of voters of a village i( he is "<lisqualified for registration in the assembly roll.

GramSabha Section 5- A mentions the constitution and incorporation of Gram Sabha: There shall be a Gram Sabha for every village. The Gram Sabha shall be a body incorporate by the name specified therefore having perpetual succession and a common seal and shall by the said name sue and be sued and shall subject to the provisions of this Act and the rules made there under have power to acquire, hold and dispose of any property movable or immovable to enter into contract and to do all other things necessary for the purpose of this Act.

Section 6- Meeting of Gram Sabha ~) There shall be held at least one meeting of the Gram Sabha in every

month, which shall be convened by the secretary of the Gram Sabha. The date, time and place of the first meeting of the Gram Sabha shall be fixed by the Sarpanch and thereafter the Gram Sabha shaD fix the date, time and place at which subsequent meetings shall be held

(ti) Not less than one fifth of the total nwnber of Gram Sabha shall form a quorum for a meeting of Gram Sabha out of which not less than one third shall be women members and members of the scheduled castes and scheduled tribes shall be represented in proportion to their population in the Gram Sabha. Quorwn shall be necessary for every meeting of the Gram Sabha.

(lit) The meeting of the Gram Sabha shall be presided over by the Sarpanch and in his absence the Upsarpanch. In the event of both Sarpanch and Upsarpanch being absent, the meeting of the Gmn Sabha shall be presided over by a Panch to be elected for the purpose by the members present in the meeting.

(IV) If any dispute arises as to whether a person is entitled to attend a meeting of the Gram Sabha., the same shall be decided by the person presiding regard being had to the entry in the list of voters of the Gam Sabha area and his decision shall be final.

(v) Any dispute arising between Gcun Sabha or any matter concerning more than one Gram Sabha comprised within the area of Gmn Paochayat and all matters concerning more than one Gram Panchayat shall be brought before a joint meeting of all Gram Sabhas of that Gam Panchay:at.

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(vi) The decision taken at the joint meeting under sub-section (5) shall be dumped to be the decision taken by each of the Gram Sabha.

Rules The State Government in M.P. and now in Chhattisgarh has made rules in exercise of these powers conferred by this section (Government of Chhattisgarh has mostly followed these rules but has also made some rules in the new ciroumstances). . Section 6 -A special meeting of Gram Sabba - If the Sarpanch or more than ten percent of the members or fifty members of the Gram Sabha whichever is less give requisition in writing for special meeting of the Gram Sabha, the secretary shall call such a meeting within seven days of the receipt of such requi.'lition. Section 6 B - Secretary of Gram Sabha- The secretary of the Gram Panchayat shall also be the secretary of the Gram Sabha. The Secretary shall be under the control of the Gram Sabha and perform such duties, which are assigned to him by the Gram Sabha. Section 6 C- Decision by Gram Sabba - (i) All matters brought before any meeting of Gram Sabha shall be decided as far as posstble, unanimously, £tiling which by general consensus of the members present; provided that where there is difference of opinion on any issue such matter shall be brought before the next meeting, if a decision is not taken unanimously or by genera1 consensus in successive two deferred meetings then such matter shall be decided by majority of members present thereat by secret voting. In the case of quality of votes, the person presiding over the meeting shall have a second or a casting vote. (ti) If any dispute arises as to whether a person is entitled to vote, the same shall be decided by the person presiding regard being had to the entry in the list of voters of the Gram Sabha area and his decision shall be final. Gram Sabha decisions are to be made as far as possible unanimously in order that no rifts or unnecessary grouping originate in the village. But even if differences are not removed in two adjourned meetings, then the matter is to be put to vote of the Gram Sabha and decided by a majority vote. The aim of the framers was to avoid such voting as far posstble. Such voting, if resorted to often leads to divisions or rifts in the villages disturbing the peace of the village, and if rifts area created and peace is disturbed, no welfare progrmmes can be implemented In the past the Panchayats have been criticized as they lead to this division in the village. Hence unanimity consensus decision should be followed as far as possible. Hence decisions by majority voting should be avoided as far as possible. The people have generally objected to the list of BPL members. A few powerful persons or wealthy persons in the village place their own persons in the list of BPL. Hence in most of the villages the villagers are not satisfied by the list These powerful persons get the meeting of Gtam Sabha adjourned mmy times due to lack of quorum, and ultimately when they find their own men in the Sabha then

the matter is put to vote and passed by a majority in the Gram Sabha. 7

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Hence although the ultimate procedure provided is of secret voting. but the framers of the Act wanted to avoid that voting. Every scope for creating better Wlderstanding and remove any difference of opinion has been created. The legislative Assembly of the State has advised village people to keep patience and to Wlderstand the point of view of the other side. The provision aims at development of the village without hw:ting the self-respect of .another. 8 .

Section 7, Powets and Functions and Annual Meeting of Gram Sabba (1) Subject to the rules, which the State Government ·may make in this behalf, and subject to the general or special orders, as may be issued by the State Government from time to time, the Gram Sabha shall have the following powers and fimctions, namely:

(a) To lay down the principles for identification of schemes and their priority for economic development of the village.

(b) To approve all plans including Annual and economic development, before such plans, programmes and projects are taken up for implementation by the Gram Panchayat.

(c) To consider the Annual Budget of the Gnu:n Panchayat and make recommendations thereon.

(d) To consider the report of audit and accounts of the Gram Panchayat (e) To ascertain and certify the proper utilization by the Gram Panchayat of the

funds for plans, programmes and projects referred to in clause (b). (t) To identify and select persons as beneficiaries under the poverty alleviation

and other programmes. (g) To ensure proper utilization and disbursement of funds are assets to the

beneficiaries. (h) To mobilize people for community welfare programmes. (t) To ensure active participation of people in implementation, maintenance

and equitable distribution of benefits of development schemes in the village. G) To promote general awareness amongst the people.

(2) To exercise control over institutions and functionaries in social sectors transferred to or appointed by Gram Panchayat through that Panchayat. (3) To manage natural resources including land, water, furests within the area of the village in accordance with the provisions of the constitution and other relevant laws for the time being in force. ( 4) To advice the Gram Panchayat in the regulation and use of minor water bodies. (5) To control local plans, resources and expenditure for such plans. (6) Sanitation, conservancy and prevention and abasement of nuisance. (1) Construction, repair and maintenance of sources of water for bathing and washing and supply of water for domestic use. (8)Construction and maintenance of sources of water for bathing and washing md supply of water for domestic animal.

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(9) Construction and maintenance of village roads, culverts, bridges, bunds and other works and building of public utility. (10) Construction, maintenance and clearing of public streets, latrines, dtains, tanks, wells and other public places. (11) Filling in of disused wells, unsanitary ponds, pools, ditches and pits and conversion of tube wells into sanitary wells. (12) Lighting of villilge streets and other public places. ' (13) Removing of abstractions and protections in public streets and places and sites not being private property or which are open to use of public whether such sites are vested in the Panchayat or belongs to the State Government. (14) Regulating or control over entertainment shows, shops, eating houses and vendors of drinks, sweets, meats, fruits, milk and of similar other articles. (15) Regulating the construction of houses, latrines, urinals drains and watet: closets. (16) Management of public land and management, extension and development of village sites. (17) Regulating places for disposal of dead bodies, carcasses and other offensive matters. (18) Disposal of unclaimed corpses and carcasses. (19) Earmarking places for dumping refuse. (20) Regulation of sale and preservation of meat. (21) Maintenance of Gram Sabha property. (22) Establishment and management of cattle ponds and maintenance of records relating to cattle. (23) Maintenance of ancient and historical monuments other than those declared by or under law made by Parliament to be of national importance, grazing lands and other lands, vesting in or under the control of the Gram Sabha. (24) Maintenance of records of births and deaths and marriages. (25) Rendering assistance in prevention of contagious diseases. (26) Rendering assistance in the census operation and in the surveys conducted by the State Government or Central Government or any other Local Authority lawfully constituted. (27) Rendering assistance in inoculation and vaccination and enforcement of other preventive measures for safety of human being and cattle prescn'bed by Government Department Concerned. (28) Rendering assistance to the disabled and destitute. (29) Promotion of youth welfare, family welfare and sports. (30) Establishment of Rakshak Samiti; (a) Safety of life and property (b) prevention of fire and extinguishing fue and safety of property during outbreak of such fires. (31) Plantation and preservation of village forests. (32) Removal of social evils like dowry.

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(33) Granting loans for the purposes of (a) providing medical assistllnce to indigent persons in serious and emergency cases. (b) disposal of dead body of an indigent person or any member of his family, or (c) any other pw:pose for the indigent person as may be notified by the State Government from time to time subject to such tenns and conditions as may be prescribed (34) Carrying out the directions or orders given or issued by the State Government; the Collector or. an:y-. other Officer auth01'ized by the Srate ' Government in this behalf with respect to the measures for amelioration of the condition of scheduled castes and scheduled tribes arid other backward classes and in particular in regard to the removal of untouchability. (35) Perform such functions as may be entrusted to it by Zilla Panchayat or Janpad Panchayat by general or special order; (a) to exercise and perform such powers and functions as the state government may confer on or entrust to under this Act or any other law for the time being in force in the State. (b) with prior approval of Janpad Panchayat may also perform other functions, as it may desire to perform. (c) provided that where any such function is entrusted to the Gmm Sabha, it shall act as an agent of the State Government, Zilla Panchayat, as the case may be and necessary funds and other assistance for the purpose shall be provided to it by the State Government, Zilla Panchayat or Janpad Panchayat, as the case may be. (36) Plan and manage basic amenities. (37) Select beneficiaries under various programmes. (38) Implement, execute and supervise development schemes and construction work within the Gram Sabha area. (39) Control and monitor beneficiary orientated schemes and programmes. (40) Organize vohmtary labour and contribution for community work and promote the concept of community ownership. ( 41) To plan, own and manage minor water bodies upto a specified water area situated within its territorial jurisdiction. (42) To lease out any minor water body upto specified area for the pw:pose of fishing and other commercial purposes. (43) To regulate the use of water of rivers, streams, minor water bodies for . . . tmgatlon purposes. (44) To exercise control over institutions and functionaries in all social sectors transferred to or appointed by the Gram Sabha. (45) The Annual Meeting of the Gram Sabha shall be held not less than three months prior to the commencement of the next financial year, and the Gram Panchayat shall place before such meeting:

(a) The annual statement of Accounts. (b) The report of administration of the proceeding financial year. (c) The development and other programme of the works proposed for the next financial. year. (d) The last audit note, and replies, if any thereto.

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(e) The Annual Budget and the Annual plan for the next financial year of the Gram Panchayat.

The Gram Panchayat shall place such matters before the Gram Sabha, which the Janpad Panchayat, the Zilla Panchayat the Collector or any Officer authorized in this behalf may requite to be placed before such meeting. ( 46) The Gram Panchayat shall carry out the recommendations if any made by the Gram Sabha in regard to the matters before it under this Section. · '

Standing Committees and Ad hoc Committees o( Gram Sabha 1. Gram Sabha shall for discharging its functions and duties, constitute the following Standing Committees, namely-

( a) Gram Vikas Samiti. (b) SarvaJanik Saurpda Samiti (c) Krishi Samiti (d) Swasthya Samiti. (e) Gram Raksha Samiti (f) Adhosaranchana Samiti (g) Shiksha Samiti (h) Samajik Nyaya Samiti.

2. In addition to the Standing Committees mentioned in sub-section: (a) The Gram Sabha may constitute one or more such Ad hoc

Committees, as it may deem necessary for the implementation of anytime bound work. The Committee shall comprise of members who are shareholders of work assigned to the Committee. The committee shall cease to exist after submitting the completion report and evaluation of the work by the Gram Sabha.

(b) The committees, which are akeady functioning,. which are within the area of jurisdiction of the Gram Sahha shall continue to function with the approval of the Gram Sabha.

(c) The number of members, reservation of seats, term of office, procedure for resignation and removal and conduct of business, eligibility for becoming a member, meeting. mode of filling of vacancies and procedure of Standing Committees shall be such as may be prescribed.

Section 7 B - President and Memben; of Committees - Every Standing Committee other than Gram Vikas Samiti Shall have a President who shall be elected by the members of the Committee from amongst themselves. The term of office of the President shall be one year. Provided that the president shall be elected from amongst the members belonging to scheduled castes, scheduled tribes, other back:wani classes, and other categories

and from amongst women members by such rocation as may be prescribed. 9 Section 7 C- President and members of Gram Vdcas Samiti -The Gram Vlkas Samiti shall comprise of nine members. All the president of the Standing

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Committees shall be a member of Gram Vtkas Samiti. The President and Vice­President of Gram Vik.as Samiti shall be Sarpanch and Upsarpanch of concerned Gram Panchayat respectively. Section 7 D- Powers, Functions and Duties of Committees - The powers, functions and duties of the Committee shall be such as may be entrusted to it by the Gram Sabha from time to time. Every Committee shall be responsible and accountable to the Gram Sabha and shall work under its control and supervision. . , Section 7 E- Removal of members- The Gram Sabha shall have power to remove any member of the Committee at any time fW: the reasons to be recorded in writing. 10 Section 7 F- Powers and Duties of Gmm. Vikas Samiti - The Gram Vtkas Samiti shall prepare a plan for over all development of the village and submit it for approval of the Gram Sabha. Section 7 G- Secretary of Standing Committee - (i) Every committee other than the Gram Vik.as Samiti, shall elect from amongst the members of the Gram Sabha a secretary by two third majority members of the committee provided that if there is a resident Jan Swasthya Rakshak in the villilge under the scheme of the Public Health Department of the State Government he may be nominated as the secretary of the Swasthya Samiti. Provided that a person shall not hold charge of a secretary if such a person happens to be a relative of any member of that committee. Explanation for the purpose of this section, the expression 'relative' shall mean father, mother, brother, sister, husband, wife, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. (it) The Secretary shall be honorary and his educatiorud qualification shall be such as may be determined by the committee. He shall be rel.-ponsible to the committee as well as to the Gram Sabha. II Section 7 H- Appeal in a Committee against the deci!,-ion of a Gram Sahha shall lie to a committee consisting of the president of Janpad Panchayat, a member of Janpad Panchayat of that area and the Sub-Divisional Officer (Revenue) in such manner as may be prescribed Section 7 1- Budget- Every Gram Sabha shall prepare annua1ly in such form and in such manner and by such date as may be prescribed, budget estimates of its receipt and expenditure for the next financial yeac. Section 7 J Gram Kosh- Every Gram Sabha shall eslllblish a fund to be called the Gram Kosh consisting of following four parts:

(i) Auna Kosh (11) Shram Kosh (m) Vastu Kosh (tv) Nagad Kosh · .. · · .. . .

And there shall be credited thereto (a) donariOO$\bjl&Ome &om other somces (c) any sum received from the Gram Panchayat fund including procedu«s &om land revenue, cess and land revenue, grazing fees, and Shala Bbawan Upkar, to be

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allotted to the Gtam Sabha according to norms fixed by the State Government. (d) Taxes imposed by Gram Sabha and (e) any sums received by Gmn Panchayat under various schemes sponsored by the Central Government or the State Government, to be allotted to the Gram Sabha according to norms prescribed by the Central Government or the State Government. 3. Subject to the provisions of this Act and the rules made there nnder all property vested in the ·Gram Sabha and the Gram Kosh shall be appiied foe the purposes ot this Act or for other purposes connected with the activities for the development of village or for such other expenses as the Gram Sabha may approve. Provided that funds received under such schemes shall be utilized according to the guidelines issued by the Central Government or the State Government as the case may be. 4. The Gram Kosh shall be kept and maintained in such manner and in such form as may be prescribed. 5. The Gram Kosh shall be operated by the Gt:am Vtkas Samiti and all amounts from the Gram Kosh shall be drawn Wlder joint signature of the treasurer and secretary of the Gram Vikas Samiti with the approval of the Gram Sahha. The information regarding all receipts into and withdrawals from the Gram Kosh shall be placed before the Gram Sabha in its next meeting. 6. There shall be a Treasurer of Gram Kosh who shall be nominated by the Gram Vikas Samiti in such manner as may be prescribed. Section 7 K- Account and Audit- The Gram Sabha shall cause to be maintained proper books of accoWlts and prepare annual statement of accoWlts. The accoWlt of the Gram Sabha shall be audited from time to time in such manner and by such authority as may be prescribed and the Audit Report submitted shall be placed

before the next meeting of the Gram Sabha. 12 Section 7 L- Control over Government Employees- (1) The Gram Sahha shall have the power to withhold salary, sanction leave, inspect and supervise the work of a Government employee whose area of Jurisdiction lies within the limits of Gram Sabha area. (2) Gram Sabha shall have the power to recommend to the competent authority imposition of penalties in respect of a Government employee referred to in sub section (I) for misconduct and negligence of duties. 13 Section 7 M- Power of State Government in relation to Functions of Gram Sabha-The State Government may by general or special order add or withdraw functions and duties entrusted to Gram Sabha when the State Government

Wldertakes execution of any of the functions entrusted to Gr.tm Sabba. 14

Conclusion The Gram Sabha revives the idea of a direct democracy in the village. The Panchayati Raj and Gram Swaraj Adhinium 1993 as amended in Chhattisgarh aims to establish direct democracy in the villages. The villages are left to develop thei1: conditions. The British rule established Centralization of powers by destroying the village governments in India. Hence nearly for 50 yeus after the attainment of

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Independence nothing could be done for these villages. The Act has revived the ancient form of democracy as prevailed in the villages. Still a lot remains to be done. But by elections to these village institutions a sense of awakening is certainly visible. The people now feel that they have received every thing by way of self Government. The MLAs, MPs and the Ministers are now looking to these vilbges for their votes. They have to satisfy the villagers as nearly 70 percent of the people reside in these villages. . . ' . . . -, . . -,

The Act was drafted by the bureaucracy. They have mentioned so many functions of the Gram Sabhas that it appears there is nothing left to do. But in reality a lot has to be done. Moreover the powers and functions are subject to the rules made by the State Government on these subjects and also subject to the general and special orders issued by the State Government from time to time. Formerly there were only 15 clauses defining such powers and functions. With the passing of Act 3, of 2001, now there are 37 more clauses to this effect added.

Reference:

1. M.L. Jindal: M.P. Panchayat Raj Avam Gram Swaraj Adhinium 1993, (Adopted in Qlhattisgarh 2002), Rajkamal Publications, Indore, 2001, pp. 73.

2. Ibid 3. Ibid 4. Ibid, Leading Case, State Election Commission M.P. V. Ras

Vihari, 1997,JLJ 651,AIR 1995 MP 245 (DB). 5. Ibid 6. Rajdhar Singh Vs State of M.P. 1995 M.PLJ 152 7. Interview with certain members of the Gram Sabha

(Referred to chapter on interviews). 8. Jindal: Panchayat Raj A vam Gram Swaraj Adhinium. 9. Ibid lO.Ibid 11.Ibid 12.Ibid 13.lbid 14.lbid

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