Local Self Governance
Local Self Governance
Local Self Governance
M. N. Roy
1. Introduction
A formal system of local governance, though a very weak one, was introduced in the
country during the British period. After independence need for having a system of local
governance in the rural areas was felt and the same was also accepted as one of the Directive
Principles of the Constitution; the Article 40 of which says that The State shall take steps to
organise village panchayats and endow them with such powers and authority as may be
necessary to enable them to function as units of self-government. However, Panchayat being a
State subject progress in this regard was widely different across the country. In view of the need
for establishing a system of local governance, i.e., the Panchayats, in the rural areas of the entire
country the Constitution was amended in the year 1993 and that made the Panchayats to be the
third stratum of government (along with Municipalities in the urban areas) of the country. The
Panchayat system of West Bengal, which was put in place in its current form in the year 1978,
was the role model for the Panchayati Raj system introduced in the country through amendment
of the Constitution. The existing system of Panchayat in the state has evolved over the years
through several amendments of the relevant Acts as well as adopting various reforms in
improving governance at the local level. This paper describes various aspects of the Panchayat
system of West Bengal and how those bodies are functioning at present for proper appreciation
of the rural local governance by the Trainee Officers of the WBCS (Ex) service.
However, election to the three tier Panchayats was conducted based on the new Act in the
year 1978 only and elections are being held regularly after every five years. Many of the State
Government employees were given dual role by giving them responsibilities for working for the
Panchayats in their ex-officio capacities. The most important of which is to make the DM the
Executive Officer of the ZP and the BDO the Executive Officer of the PS. The total number of
GP, PS and ZP in the state as on the year 2011 are shown below district-wise.
No. of
Name of No of Sub- No. of
No. of PSs No. of GPs Gram
Districts divisions Blocks
Sansads
Cooch Behar 5 12 12 128 1346
Jalpaiguri 3 13 13 146 1681
Darjeeling HC 3 8 112 1041
Siliguri MP 1 4 4 22 358
Uttar Dinajpur 2 9 9 98 950
Dakshin
2 8 8 65 781
Dinajpur
Malda 2 15 15 146 1468
Murshidabad 5 26 26 254 3056
Nadia 4 17 17 187 2142
N. 24-Parganas 5 22 22 200 2603
S. 24-Parganas 5 29 29 312 3590
Howrah 2 14 14 157 1797
Hooghly 4 18 18 207 2320
Pasch.
4 29 29 290 3086
Medinipur
Purba
4 25 25 223 2535
Medinipur
Bankura 3 22 22 190 1896
Purulia 3 20 20 170 1635
Burdwan 6 31 31 277 3172
Birbhum 3 19 19 167 1610
Total 66 341 333 3,351 37,067
Amendment of the Constitution has deepened the democracy in the country by providing
elected local institutions with a given structure and thereby making avenues for the people to
actively participate in their own development. This has helped social and political empowerment
of the people, particularly those from the disadvantaged sections through reservations. In the
country as a whole there are around 2.4 lakh Panchayats and 2.8 million elected representatives,
over 30% of whom are women, 19% are SC and 12% are ST. However, actual functioning of
those bodies depends on enablement as well as empowerment of those bodies in respective
states.
.
4. Legal and Institutional Framework of the Panchayats in West Bengal
Functioning of any form of government requires legal authority and institutional
framework to exercise the authority and to discharge its responsibilities. The West Bengal
Panchayat Act, 1973, as amended from time to time, provides the basic legal framework for
functioning of the Panchayat system of the state. The West Bengal Panchayat Election Act,
2003 provides the legal framework for election to Panchayat bodies. The procedural details of
the Acts are provided in the Rules and Executive Orders. Conducting election to the Panchayat
(& Municipalities) is the responsibility of the State Election Commission. The Commission is a
statutory organization and it functions independently. However, the Commission utilizes the
services of the DM, SDO and the BDO and officials associated with them for all election related
activities.
Total number of elected Panchayat members in the state, after the general election to the
Panchayats in the year 2008 and election to the Panchayat bodies of the area under the Siliguri
Mahakuma Parishad in the year 2009, as per report published by the PRDD, were 41,809 for GP
(there were 35,992 GP constituencies some of which had two members); 8,855 for PS and 755
for ZP. Thus there were total 51,419 number of Panchayat members in the state. Out of them
percentages of women members at the GP, PS and ZP level were 39.4, 37.9 and 40.7
respectively (reservation of women during the election was 33%, which has been raised to 50%
subsequently). Corresponding figures for the SC members were 35.9, 35.4 and 34.4 respectively
and those for the ST members were 8.5, 8.2 and 8.2 respectively. Also, out of all the members
26.4% were Muslims, 23.2% were general caste Hindus, 5.7% were OBCs and 0.55% were
minorities other than Muslims.
4.3 Functioning of the Standing Committees (Sthayee Samits and Upa Samitis)
In order to promote collective governance and sharing responsibilities as well as for
improving efficiency there is provision of horizontal decentralization of the power and functions
of each tier of the Panchayat. This is done through constitution of several Standing Committees,
known as Sthayee Samitis for the ZP and the PS and Upa Samiti for the GP. There are ten
different Sthayee Samitis in the ZP and PS and five Upa Samitis in the GP. Power and functions
of each such committee has been prescribed and apart from the elected functionaries officials
concerned of the line departments are also members of those committees. However, the non-
elected members have no voting rights and they are to advise and guide the elected members in
taking decisions of those committees. These committees can play a major role in convergence of
related activities and coordination among functionaries of different departments and the
Panchayats and in preparation and implementation of District Plan. The Standing Committees of
the ZP and the PS should meet at least once a month and that of the GP should have at least six
meetings in a year. However, average number of meetings of the Standing Committees of the ZP
as reported during the year 2008-09 was 46 only, for all the committees taken together, implying
less than five meetings per committee. In respect of the PS the corresponding figure was 35 only
i.e., only 3.5 meetings per committee. Though, there could be some under reporting, it is clear
that even minimum number of meetings were not being held in many Panchayats. There is also
wide variation of number of meetings of different Standing Committees across the district as
well as for different tiers and different committees within the same district and the latter is
related to the perceived relative importance of the committees. More meetings are normally held
for the Standing Committee related to Finance. Such meetings help participation of all
functionaries of the committee and in taking decision expeditiously. Empirical findings show
that the achievement of a Panchayat in terms of utilization of fund and implementation of
programmes is strongly correlated with the number of meetings of the Standing Committees.
Provision was made for constitution of GUS through amendment of the Panchayat Act in
the year 2003 for strengthening the process of decentralization. The GUS is like an Executive
Committee of the Gram Sansad and should comprise of elected member or members to the Gram
Panchayat from the Gram Sansad, the opposition candidate (s) obtaining second highest vote in
the election to the GP, three representatives of NGOs / CBOs, three representatives of active
SHGs with at least two members from women led SHGs, one serving or retired Government
employee, one serving or retired teacher (all being voters of the area i.e. members of the Gram
Sansad), and another 10 members or 1% of the total number of members of Gram Sansad,
whichever is higher. The functions of the GUS is to help and assist the Gram Sansad in the
preparation of its perspective plan for five years and annual plan as a part of the same, for
achieving the economic development and social justice, mobilization of revenue from the Gram
Sansad area etc. In order that the entire population, irrespective of their political identity or
orientation, can work together the GUS is to be constituted based on consensus between the
elected and the opposition member and there should be fair representation from all the categories
of people living in that area. However, overt or covert political rivalry has dampened the spirit
of bringing all the people together to work for their development. Where the GUS has been
formed and functioning well they are also allowed to open bank account and receive fund from
the GP for taking up petty works. Till 2008-09 out of 37.067 Gram Sansads GUS could be
formed in 27,904 Sansads though bank accounts could be opened in only 11,624 cases,
indicating poor functioning of the GUS formed. More political cooperation and respect for the
opposition, which is essential in any democracy, is necessary for proper functioning of the GUS,
which can be very effective in faster socio-economic development of the poor through their
participation in their own development.
4.8 Self-Assessment of Panchayats
While programmes are monitored and progress is assessed through utilization of fund,
measuring physical progress as well through various evaluations it is difficult to monitor the
institutional processes of the Panchayats. An innovative system of self assessment of the
Panchayats for watching their institutional processes and services delivered have been introduced
in West Bengal. A questionnaire has been developed to capture the extent and quality of
services being provided by the Panchayats, the objectively verifiable institutional practices in
place and the status of financial management including mobilization of own resources for that
purpose. The questionnaires are different for different tiers. The institutional aspects of
functioning of the Panchayats include transparency, accountability, vertical and lateral
decentralization, financial discipline, promptness in decision making and also implementation of
such decision, proper functioning of the Standing Committees / Sub-Committees, involvement of
the members in opposition in the decision making process, increased participation of people in
the development process as partner, greater mobilization of resources and effective utilization of
all available fund and other resources. Ability to discharge specific responsibilities by the
respective tier of Panchayat for delivering various services is also captured to the extent possible.
The officials and the elected functionaries jointly take up the self-assessment exercise by filling
the questionnaire based on actual status. Each question, indicating certain aspect of performance
or process, has a score and the total score indicates the overall functioning of the Panchayat. The
best performing Panchayats in each tier is given financial award for encouraging them to
function better and the exercise also helps to identify the strength and weakness in functioning of
the particular Panchayat making it possible to take appropriate corrective measure. The result of
the Self Assessment report is a very important document for the supervising authorities to know
the actual status of functioning of the Panchayats and helps to take up measures for building up
institutional capacities for due improvement. Sharing the same with all Panchayats and exposure
visits to the best performing Panchayats helps to motivate the Panchayat functionaries to
improve their functioning.
4.9 Strengthening Rural Decetralization, ISGP and Road Map for the Panchayats
In order to strengthen the functioning of the Panchayats in the state as well as to alleviate
poverty in selected GPs of the state a programme called Strengthening Rural Decetralization
(SRD) was launched in the year 2005 with the support of the DFID, Government of UK. The
SRD programme aimed at strengthening the policy framework in general and augmenting
capacities of the GP to be applicable in the entire state and to operationalize a pro-poor and
participatory planning, implementation and monitoring system in 858 GPs in twelve relatively
backward districts of the state, for which some untied fund was also provided. The programme
ended by March 2011. The programme helped to improve several institutional processes,
particularly for the GP level and led to substantial improvement of the institutional arrangement
for training and capacity building of the Panchayat functionaries. It also helped to develop a
participatory planning process based on Gram Sansad plan with application of quite a few
techniques for Participatory Rural Appraisal for making the plans more pro-poor and meeting the
local needs in general through improved planning and better implementation with participation
of the people.
Another project for Institutional Strengthening of the Gram Panchayat (ISGP) has been
taken up by the PRDD with the support of the World Bank. The same will be implemented in
1000 selected GPs of nine selected districts in the first phase. The objective of the ISGP is
institutional strengthening of the GPs. There are four components to the project. The first
component of the project is untied grants to GPs for improving delivery of various public goods
and services by the GP. The second component of the project is capacity buildings for GPs.
This component will provide support to strengthen the institutional capacity of GPs to deliver
basic services. Support will be focused to meet the objectives and performance indicators
associated with this project. This will be done within the broader framework for capacity
building in the state including the strengthening of audit activities. The third component of the
project is state oversight and monitoring of the Panchayats. This component will strengthen
Panchayat Raj Institutions and systems for monitoring of Panchayats by the PRDD. The fourth
component of the project is program management and implementation. This component will
support implementation and management of the project. While the PRDD has overall
responsibility for project implementation and ensuring that the project development objective
(PDO) is met, it will execute the project through the West Bengal State Rural Development
Agency (WBSRDA), a society established as a technical umbrella agency under the West Bengal
Societies Registration Act, 1961, and anchored within PRDD. If the implementation is
successful the same will be extended over the entire state in phases.
The PRDD has come out with a vision document called the Road Map for the Panchayats
in West Bengal, which depicts the way forward for strengthening the institutional processes of
the Panchayats and developing capacities for putting in place a system of strong local
governance. The document is available in the website (wbprd.nic.in) of the department.
Quite a few posts have been created during the last few years to strengthen the Panchayat
cadre of employees. At the ZP level the non-elected functionaries consists of officers who work
for the ZP like the Additional Executive Officer, Secretary and Deputy Secretary of the ZP who
are State Government officials from the WBCS (Ex) cadre, Financial Controller & Chief
Accounts Officer who is deputed from the WB Accounts Service and Executive Engineers and
Assistant Engineers who are deputed from engineering services (ZP has their own District
Engineer and Assistant Engineers also), Parishad Public Health Officer and own employees of
the ZP. The posts available for each PS are :- Block Informatics Officer (BIO), Data Entry
Operator (DEO), Deputy Secretary, Samiti Education Officer, Upper Division Assistant, Acounts
Clerk, Clerk cum Typist and the Cashier cum-Store Keeper. The posts created for every GP
are:- Executive Assistant, Secretary, Nirman Sahayak, Sahayak and the GP Karmee. There is a
post of Job Assistants, for implementation of engineering works, which is now a dying cadre
after creation of the post of Nirman Sahayak. There are quite a few contractual posts created for
implementation of the MGNREGS. Many of the District, Block and GP level officers of the line
departments also have been given ex-officio responsibility to function as functionaries of the
Panchayats and to become members of appropriate Standing Committees. However, their
integration with functioning of the Panchayats is still weak.
Transfer of fund to Panchayats has increased rapidly during the previous few years as well be
seen from the table below, which shows total transfer of fund to Panchayats during the period
from 2004-05 to 2008-09 along with tier-wise breakup of the same.
Each Gram Unnayan Samiti prepares a budget for Gram Sansad in Form 34 of the West
Bengal Panchayat (Gram Panchayat Accounts, Audit and Budget) Rules, 2007 on the basis of
estimated fund to be received from GP under different Programmes, Schemes or as untied fund
and send it to the concerned GP by 14th August of each year. The Gram Panchayat makes
apportionment of its available estimated fund for functional areas of each Upa-Samiti and
prepares Upa-Samiti wise outline budget in Form 35 of the said Rules. The Budgets prepared in
Form 34 and also in Forms 35 are integrated to prepare total budget of the Gram Panchayat in
Form 36 of the said Rules. The PS prepares its budget considering unmet needs of the PS and
the needs felt by itself based on the totals resources that will be available for the following
financial year, which is done Sthayee Samiti-wise for which each Sthayee Samiti is
communicated the amount of resources that will be available for them. The ZP prepares the
budget after ascertaining the requirement of the PS, which could not be accommodated in their
budget and similarly prepares its own budget Stahyee Samiti-wise. Accordingly, all these
Sthayee Samitis prepares outline budget in Form 1 of the West Bengal Panchayat (Panchayat
Samiti and Zilla Parishad) Budget Rules, 2008. After integrating the outline budgets of all
Sthayee Samitis, the Panchayat Samiti or Zilla Parishad draws up its total budget in Form 2 of
the said Rules. The budget is to be passed in the General Body meeting of the respective
Panchayat, only after which any expenditure can be made by the Panchayat. Any expenditure
budgeted and duly approved has to be authorized appropriately based on clear delegation of
financial power. However, expenditure can be sanctioned by the authority concerned only if the
activity/project/work/scheme is included in the Annual Action Plan and fund is actually
available, except in respect of salary etc. Power to sanction expenditure rests with individual
functionary as well as the Sthayee Samitis depending on the amount involved and to ensure
compliance with the norms is the responsibility of the Finance Standing Committee or Sub-
Committee, i.e. Artha O Parikalpana Sthayee Samiti or Upa-Samiti. The chairperson of
respective Panchayat is the Ex-officio chairperson of the said committee. Also, for ensuring
coordination of all the Standing Committees as well as to keep all the Standing Committees
apprised of financial management of the Panchayat all the Karmadhyakshas and the Sanchalaks
have been made members of the Finance Standing Committee in respective Panchayat. In view
of the importance of proper functioning of the Standing Committees, power has been delegated
on those committees to sanction expenditure within a ceiling limit up to which a Sthayee Samiti
or Upa-Samiti may incur expenditure without approval of Finance Standing Committee or
General Body. Maximum financial limit of a Sthayee Samiti is Rs. 3,00,000/- in case of Zilla
Parishad, whereas for Panchayat Samiti it is Rs. 1,00,000/-. Similarly, in case of Gram
Panchayat, an Upa-Samiti may incur expenditure upto Rs. 25,000/-. Exceeding the maximum
limit, a Sthayee Samiti or Upa-Samiti will be required to seek approval of Finance Standing
Committee, i.e. Artha O Parikalpana Sthayee Samiti or Upa-Samiti, as the case may be. A
Finance Standing Committee or Sub-Committee can spend for works or schemes upto Rs,
25,00,000/- in case of ZP, Rs. 5,00,000/- in case of PS and Rs. 1,00,000/- in case of a GP.
Beyond that limit Finance Standing Committee or Sub-Committee shall obtain approval of
General Body of ZP, PS or GP, as the case may be. The Finance Standing Committee or Sub-
Committee and other Standing Committee or Sub-Committee shall place the particulars of works
or schemes implemented within their respective ceiling limit in the next meeting of General
Body for ratification.
7. Delivery of Core Civic Services & Socio Economic Development by the Panchayat
The Panchayats, particularly the GPs provide several important civic services and all the
Panchayats are associated with various programmes for socio-economic development as well as
development of rural infrastructures. Responsibility of the GP, which is the closest to the people,
is the most crucial in this respect. The GP has some regulatory duties like to Assess, Impose &
Collect tax; issue Birth & Death certificates, issue Trade License, undertake preventive measures
for control of diseases; establish and maintain crematorium and cremation grounds; maintain
street lighting etc. under the W.B. Panchayat Act (section 21) and controlling building operation
as per section 23 of the said Act. The Act also provides for several obligatory duties of the GP
as unit of self government for achieving the goal of economic and social development and
improving the quality of life. Those include water supply & disinfecting the sources;
maintenance of environmental sanitation including solid & liquid waste management and various
measures for socio-economic development. Similarly, powers and duties of the PS and the ZP
have also been provided under the W.B. Panchayat Act. Many of those duties merely enable
those bodies to take up those activities and the Panchayats can deliver only if adequate resources
are passed on to them, which is mostly done by entrusting implementation of State or Central
Government programmes to those bodies. In some cases the Panchayats merely play a
facilitating role and in identifying beneficiaries without being responsible to deliver the related
services. However, the people have much expectation from the Panchayats in such cases also.
Organizing the poor in Self Help Group (SHG) and building their capacities for taking
up income earning activities and participating in various social development programmes under
the SGSY (Swarnajayanti Gram Swarojgar Yojana) is an important programme which is
implemented by the Panchayats. At the district level the programme is implemented by the
District Rural Development Centre, which is a unit of the Zilla Parishad. The PS and the GP are
also associated with the programme in mobilizing the poor, particularly the women; building
their capacities and coordinating various activities. Till the end of the year 2010-11 more than
three lakh SHGs have been organized out of SGSY out of which more than 80% have been
formed exclusively by women. Legal provision has been made for their representation in the
Gram Unnayan Samitis. Also, all the SHGs within a GP are being organized further in Clusters
and all the Clusters are being federated in bigger bodies known as Federations in each Block.
Orders have been issued for representation of the Clusters and the Federations in the Upa Samitis
and Standing Committees related to women development of the GP and the PS respectively, as
invited members, so that the they can express their problems and press for taking actions to
promote their interests and whatever decision is taken can be communicated to their members for
wider knowledge and participation.
Implementation of the rural housing scheme, such as the India Awas Yojana is another
important poverty alleviation programme assigned to the Panchayats. The other important
programmes being implemented by the Panchayats is the National Social Assistance Programme
(NSAP) for providing pensions to the elderly persons, the handicapped and the widows
belonging to the BPL families. The Panchayats are also associated in identification of the BPL
families. Other schemes like PROFLAL (Provident Fund for the Landless Agricultural
Landlless Labourers) and the SAHAY for feeding the destitute are also implemented by the
Panchayats. The Panchayats are also associated with development of economic infrastructure
related to construction of roads, irrigation etc. and one important programme in this respect is the
PMGSY (Prime Ministers Gram Sadak Yojana) which aims at providing allweather
connectivity to all the habitations. The same is implemented by the ZP. The Panchayats are also
closely associated with promotion of livelihood through various interventions.
Another software, known as SEBA, has been developed by the PRDD for management of
the NSAP. Apart from that geo-referenced GIS map has been developed for all the GPs of the
state. Till 31.3.2011 out of 3351 GPs of the state maps for 3034 GPs have been prepared. All
those are sent to the GP concerned for validation by the local people. Till 31.3.2011, 732 GP
maps have been revalidated and those have been uploaded in the website of the PRDD for use by
the GP or anyone else (the maps may be seen by clicking in the map appearing in the opening
page of the website of the PRDD wbprd.nic.in). The Core Network of roads under the PMGSY
has also been prepared on GIS and uploaded in the website where block-wise road network can
be seen (www.trendswestbengal.org/pmgsy). The other important development on e-
Governance is the establishment of Common Service Centres (CSC) as per the National E-
Governance Plan in the rural areas of the state. In West Bengal, CSCs were to be established in
6,797 locations to provide access to all the villages in partnership with private agencies. Those
are basically Kiosks with internet connectivity for providing e-enabled services. What is unique
in the state is locating such Kiosk in every GP and PS so that apart from providing various e-
enabled services of Government and other service providers the CSC will be in a position to
provide some of the services of the GP to the citizen and the GP/PS will be able to outsource
services of the CSC for any IT related work. As on 31.8.2011, total 5,822 CSCs have been
established in the state out of which 1,481 CSCs have been established at GP premises and
another 179 CSCs have been established in the premises of the PS.
12.2 Acquaintance with the functioning of the PS office. The main focus should be the
following:
1) Functioning of the Standing Committees, GB meeting, Block Sansad and system of Self
Assessment and follow up measures taken, if any
2) Issues related to Own Source Revenue, efficiency of collection & utilization of own fund.
3) Financial management and implementation of IFMS & SEBA software, availability &
utilization of fund, system of internal and audit by the ELA.
4) System of calling tender for various works, procurement of materials and maintenance of
stocks by the PS.
5) System of drawal of fund earmarked for GP but passed through PS from treasury/bank
and average delay in transferring fund to the GPs by the PS and reasons thereof.
6) Reports collected by the PS from the GP, quality and timeliness of the reports submitted
by the GPs. The reports submitted by the PS to higher authorities and related issues of
timeliness & quality etc. of such reports.
7) System of inspection of the GPs and steps taken to ensure compliance to rules in case
deviations are observed.