LOCAL SELF-GOVERNMENT

ZILLA PARISHAD

Historical Background.

The establishment of the Zilla Parishad could be regarded as the culmination point in the achievement of the goal of Local Self- Government. Prior to that, local autonomy was enjoyed in different degrees at the district, taluka and village levels. The local self-governing units were provided by the District Local Board and the village panchayats. These institutions made remarkable progress since the achievement of independence by India.

With the advent of independence, the principle of planning economic development was adopted and community projects and national extension service schemes were introduced to realise that objective. However, the experience gained indicated that the progress of rural development was not commensurate with the expectations of the Government and it was attributed to the non-participation of the rural folk in the implementation of such developmental schemes. The Central Government came to the conclusion that it was necessary for the Government to investigate the causes behind such state of affairs. It, therefore, appointed a committee called the Balwantrai Mehta Committee.

The Balwantrai Mehta Committee undertook the study of the situation by visiting the developmental activities, by interviewing Government officials and social workers. The committee pointed out mainly, among other findings, that the Government could not succeed in appealing and attracting the leadership of the masses to participate in the community and national development schemes. Institutions of the type of local self-government had not taken any keen interest to participate in such developmental schemes. The part played by the village panchayats in such works was not very encouraging. The committee came to the conclusion that the urgent necessity of the day, to remedy this state of affairs, was the decentralisation of power and responsibility at the lower level. The committee, therefore, suggested that the responsibility for such regional and total development work should be assigned to such local institutions at the district level with the Government accepting the role of guiding, supervising and planning from a higher level, making available the required finances and so on.

The Balwantrai Mehta Committee recommended the formation of local committees on par with the Block Development Committees to be named as Panchayat Samitis and at the district level a District Committee to be called Zilla Parishad instead of the earlier local self-government institutions in order to secure integration in the various developmental activities.

Thus, an act, to provide for the establishment of Zilla Parishads and Panchayat Samitis, to assign to them local government functions, to entrust the execution of certain works and development schemes and to provide for the decentralisation of powers and functions under certain enactments was passed in 1961, known as the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

The Dhulia Zilla Parishad started functioning on 1st March 1962. The Zilla Parishad consists of 51 elected councillors, two women councillors co-opted by the elected members of the Parishad and five chairmen of five co-operative societies in the district nominated by the Government. These associate councillors have no voting rights. The term of the office of the councillors is generally five years.

The Zilla Parishad has to make reasonable provision within the district in respect of all or any of the activities (subjects enumerated in the first schedule as amended from time to time under subsection 2 under the Act), and has to maintain works or development schemes in the district. The Zilla Parishad has to undertake any other work or measure that would promote health, safety, education, convenience or social, economic or cultural well-being of the inhabitants of the district and also preparation of annual long-term plans in respect thereof. The following account briefly describes the organisation, powers and functions of the Zilla Parishad-

Organisation.

(1) the Zilla Parishad has to carry out the directions given or orders issued from time to time by the State Government and has to provide adequate funds for purposes or measures to be undertaken towards the amelioration of the conditions of the scheduled castes, the scheduled tribes and any socially and educationally backward classes, and in the removal of untouchability;

(2) the Zilla Parishad is authorised to incur any expenditure outside the district on any matter in relation to any of the purposes of this Act, such matters being of interest to the residents of the district;

(3) the Zilla Parishad has to make adequate arrangements and provisions for payment to its councillors, members of Panchayat Samitis, members of the subjects and standing committees and any other committees, all expenses incurred on travelling for the purpose of the business of the Zilla Parishad or as the case may be, of the Panchayat Samitis in accordance with the rules made by the State Government in this behalf;

(4) the Zilla Parishad may contribute to any fund sponsored by Government to meet any calamity affecting the public in any part of the country;

(5) subject to the provisions of this Act, the Zilla Parishad may exercise general supervision and control over the work of the Chief Executive Officer;

(6) the Zilla Parishad may compromise (vide section 105) in respect of any suit instituted by or against it or in respect of any claim or demand arising out of any contract entered into by or on behalf of it under this Act for such sum of money or other compensation as it shall deem sufficient;

(7) the Zilla Parishad may pay compensation out of District Fund to any person sustaining any damage by reason of the exercise, in good faith, of any of the powers vested in it, in its committees or in Panchayat Samitis or in the presiding authorities, officers and servants by or under this Act.

Duties during famine etc.−Where the State Government, during any year, has declared any area as famine stricken or an area of acute scarcity, and has granted suspension or remission of land revenue, according to the scale prescribed by the State Government in this behalf, under the relevant code or where distress is caused by floods or other natural calamities in any area, it shall be the duty of the Zilla Parishad having jurisdiction over the area, if so directed by the State Government, to undertake relief operations in such area either by the grant of gratuitous relief in the form of doles of money or through expenditure on such public works or such preventive or remedial measures as may be specified by the State Government in the direction (vide rule 107 of the Act).

The powers and functions of the non-official functionaries of the Zilla Parishad are detailed below:-

President.

The President shall−

(a) convene, preside at and conduct meetings of the Zilla  Parishad;

(b) have access to the records of the Zilla Parishad;

(c) discharge all duties imposed, and exercise all the powers conferred on him by or under the Act;

(d) watch over the financial and executive administration and submit to the Parishad all questions connected therewith which shall require its orders; and

(e) exercise administrative supervision and control over the Chief Executive Officer for securing implementation of resolutions or decisions of the Zilla Parishad or of the Standing Committee, or of any Subjects Committee, or of any Panchayat Samiti.

The President may, in cases of emergency, direct the execution or suspension or stoppage of any work or the doing of any act which requires the sanction of the Zilla Parishad or any authority thereof, and immediate execution or doing of which, in his opinion, is necessary for the service or safety of the public, and may direct that the expenses of executing such work or doing such act shall be paid from the District Fund:

Provided that, he shall report forthwith the action taken under this Section, and the full reasons thereof to the Zilla Parishad, the Standing Committee and the appropriate Subjects Committee at their next meetings and the Zilla Parishad, or the Committee may amend or annul the direction made by the President.

The President of the Zilla Parishad receives an honorarium of Rs. 500 per month with rent-free residential accommodation.

Vice-President.

The Vice-President shall−

(a) in the absence of the President, preside at the meetings of the Zilla Parishad;

(b) exercise such of the powers, and perform such of the duties of the President as the President from time to time may, subject to the rules made by the State Government in this behalf, delegate to him by an order in writing; and

(c) pending the election of a President, or during the absence of the President, exercise the powers and perform the duties of the President.

The Vice-President who is the Chairman of two Subjects Committees gets consolidated honorarium of Rs. 300 per month along with rent-free residential accommodation.

Chairman of Standing Committee.

Subject to the provisions of the Act and the rules made thereunder by the State Government, the Chairman of the Standing Committee or a subjects Committee shall-

(i) convene, preside at and conduct meetings of the Committee, and

(ii) have access to the records of the Committee.

The Chairman of any such Committee may, in relation to the subjects allotted to the Committee−

(i) call for any information, return, statement, account or report; from any officer employed by or holding office under the Zilla Parishad or any servant there of, and

(ii) enter and inspect any immovable property occupied by the Zilla Parishad or any institution under the control and; management of the Zilla Parishad or any work or development; scheme in progress undertaken by the Zilla Parishad or under its direction:

Provided that the Chairman of the Standing Committee, may, in relation to any subject allotted to any Subjects Committee,; also exercise powers under this clause.

Save as otherwise provided by or under this Act, the powers to be exercised and the duties to be discharged by, and which subjects enumerated in the district list are to be allotted to, the Standing Committee and each of the Subjects Committees, shall be such as may be prescribed by regulations; but all subjects in relation to social welfare enumerated in the district list are allotted to the Standing Committee.

The Vice-President is the Chairman of two Subjects Committees. The Councillors have to elect from amongst elected Councillors two persons to be Chairmen of the remaining Subjects Committees. They also get an honorarium of Rs. 300 each per month, alongwith rent-free residential accommodation.

A Chief Executive Officer, a Deputy Chief Executive Officer, Block Development Officers and Meads of various departments of the Zilla Parishad are the executive officers of the Zilla Parishad. The Chief Executive Officer is of the rank of Collector. The Deputy Chief Executive Officer is an officer of the rank of the Deputy Collector. The Block Development Officers are class II officers while the heads of the departments are either class I or class II officers.

Chief Executive Officer.

The Chief Executive Officer−

(i) shall lay down the duties of all the officers and servants of or holding office under the Zilla Parishad in accordance with the rules made by the Government;

(ii) shall be entitled to call for any information, return, statement, account or report from any officer or servant of, or holding office under the Zilla Parishad;

(iii) shall supervise and control the execution of all the activities of the Zilla Parishad;

(iv) shall have papers and documents connected with the proceedings of meetings of the Zilla Parishad and of its committees [Sections 95 to 99 of the Maharashtra Zilla Parishads and Panchayat Samitis Act,1961.] (excluding Panchayat Samiti);

(v) shall draw and disburse money out of District Fund;

(vi) shall exercise supervision and control over the acts of the officers and servants holding office under the Zilla Parishad in matters of executive administration and those relating to accounts and records of the Zilla Parishad;

(vii) shall be entitled to attend the meetings of the Zilla Parishad or any of its committees (including any Panchayat Samiti) ;

(viii) any of the powers conferred or duties or functions imposed upon or vested in the Chief Executive Officer by or under the Act, may also be exercised, performed or discharged under the control of the Chief Executive Officer and subject to such conditions and limitations, if any, as he may think fit to lay down, by any officer or servant holding office under the Zilla Parishad to whom the Chief Executive Officer generally or specially empowers by order in writing. All such orders of the Chief Executive Officer shall, however, be laid before the President, the Standing Committee and the relevant subjects committees for information;

(ix) He shall assess and give his opinion confidentially every year on the work of the officers of class I service and class II service holding office under the Zilla Parishad; forward them to such authorities as may be prescribed by the State Government and lay down the procedure for writing such reports about the work of officers and servants of class III service and class IV service under the Zilla Parishad.

Deputy Chief Executive Officer.

The Deputy Chief Executive Officer shall be the Secretary, ex-officio, of the Zilla Parishad, as well as the Standing Committee. [Sections 9 and 79 of the Act. ]

Block Development Officer.

The Block Development Officer−

(i) shall have the custody of all papers and documents connected with the proceedings of meetings of the Panchayat Samitis.

(ii) shall be the Secretary ex-officio, of the Panchayat Samiti. [Section 57 of the Act.]

(iii) shall, subject to the general order of the Chief Executive Officer, grant leave of absence to an officer or servant of class III service or class IV service of the Zilla Parishad working under the Panchayat Samiti;

(iv) shall call for any information, return, statement, account, report or explanation from any of the officers or servants working under the Panchayat Samiti;

(v) shall draw and disburse money out of the grant or rents payable to the Panchayat Samiti under sections 185 and 188;

(vi) shall in relation to works and development schemes to be undertaken from the block grants, exercise such powers of sanctioning acquisition of property, sale or transfer thereof, as may be specified by the State Government.

Heads of the Departments.

(i) Every head of the department of the '' Zilla Parishad may, in respect of works and development schemes pertaining to his department, accord technical sanction thereto.

(ii) He shall assess and give his opinion confidentially every year on the work of the officers of class II service working in his department and shall forward them to the Chief Executive Officer.

(iii) The head of the department, specified in this behalf, shall be the Secretary, ex-officio, of such Subjects Committees as the Zilla Parishad may direct. [Section 80 of the Act.]

The Zilla Parishad has six Subjects Committees besides the Standing Committee, The Subjects Committees along with the department of the Zilla Parishad thev control, are as under:−

In what follows is given in brief the functioning of the various departments of the Zilla Parishad.

General Administration Department.

The General Administration Department of the Zilla Parishad deals with matters such as establishment, planning, revenue, registry, gram panchayat, social welfare and publicity etc. The department is headed by the Deputy Chief Executive Officer who also acts as the Secretary of the Standing Committee.

Finance Department.

The Chief Accounts and Finance Officer of the Zilla Parishad is the Chief Administrative Officer of the department, who is also secretary to the Finance Committee. He is assisted by an Accounts Officer. Every Zilla Parishad has to prepare its annual budget. The Finance department is responsible for allocation of funds according to the budgetary grant and regulates the expenditure according to the rules prescribed in this behalf. The Finance department is divided into five sections, viz. accounts, audit, budget, inspection and stores.

The accounts of the Zilla Parishad are audited by the officer of the Local Fund Audit Department.

Education Department.

The Education department is one of the major and important departments of the Zilla Parishad. The Parishad Education Officer is the head of the Education department in the district. He acts as the Secretary of the Education Committee of the Zilla Parishad that controls the department. He is assisted in his work by two Deputy Education Officers and seven Assistant Deputy Educational Inspectors.

In 1966, there were 1,447 primary schools and 94 secondary schools in the district. Besides these, there were 250 Basic Schools out of which 191 imparted education in spinning and weaving, 15 in wood work and 44 in agriculture. In addition there were eight ashram schools for the Scheduled Tribe pupils in the Adivasi areas of the district. These schools are special type of residential primary schools in which agriculture as the main craft and spinning and weaving as a subsidiary craft are taught. The pupils in these schools are paid stipends and get free medical aid and clothing These ashrams are run by private institutions and get grant-in-aid to the extent of 90 per cent, of the approved recurring and nonrecurring expenditure.

The district has 194 village libraries.

Co-operation and Industries Department.

The Co-operation and Industries Officer who is the Secretary of the Co-operation Committee of the Zilla Parishad heads the Co- operation and Industries department. The Co-operation and Industries Officer is assisted by one Co-operative Officer, one Assistant Co-operative Officer and other necessary staff.

The Co-operation and Industries department is entrusted with promotional and developmental activities with certain reservations in respect of municipal areas. The regulatory functions are still vested in the department in the State sector. Besides, the department in the district sector also exercises general supervision and control ever the agricultural produce market committees in the district. During 1963-64. the department disbursed Rs. 16,000 as financial assistance to industrial co-operatives. Under the scheme of loans to individual artisans for small scale and cottage industries, the Zilla Parishad disbursed Rs. 41,950 to 157 individuals. In addition, Rs. 12.000 were sanctioned to 16 gold-smiths under the above scheme.

Agriculture Department.

The Parishad Agriculture Development Officer is the head of the department in the district and has to act as the Secretary to the Agriculture Committee of the Zilla Parishad which exercises control over the department. The animal husbandry activities in the district are also under the control of the Agriculture department. However, the actual control in these matters vests in the Animal Husbandry Officer of the Zilla Parishad. The Agriculture Development Officer is assisted in his wrok by the District Agricultural Officer and Campaign Officer.

The Zilla Parishad has taken up several schemes to increase the food production. The Zilla Parishad has set up one Agriculture School at Dhulia to train the farmers in agriculture and allied subjects. A farm admeasuring 100 acres is attached to the school where the trainees are given practical field work. Considerable area of the farm is under well irrigation and variety of crops are cultivated to acquaint the trainees with the cultivation.

With a view to giving incentive to agriculturists, crop competitions are field at village, taluka and district levels and prizes are awarded.

Similarly Crop Protection Campaigns are also organised to protect the crops from insects and diseases. During the year 1962-63 about 11,000 acres of area under various crops was treated by insecticides to control the attacks of pests. The department sold 245 Plant Protection appliances to the agriculturists at subsidised rates.

Since 1962-63, there has been tremendous demand from the cultivators for horticultural loans for growing fruit crops and in 1964-65 the department distributed Rs. 2,50,000 as loan under this scheme, covering an area of 1386 acres.

Distribution of sannseed at subsidised rates is also one of the important activities of the department. During the last three years the department distributed 3,827 B. maunds of the sann-seed at 25 per cent. subsidy. Propaganda for preparing rural as well as urban town compost is also being made.

The Zilla Parishad also undertook distribution of fertilizers through the co-operative societies. The volume of fertilizers distributed is given below category-wise: -

Under vegetable development scheme, the department has advanced Rs. 13.300 as subsidy for kachha wells and 4,272 acres of land have been brought under vegetable cultivation. Under this scheme, the Sakri Taluka Co-operative Society has been sanctioned a loan of Rs. 36,000 for purchase of oil engines.

The department has also undertaken the work of contour bunding and till March, 1965, 400,098 acres of land had been bunded.

Due to strenuous efforts of the progressive cultivators, a sugarcane factory in Sakri taluka has been sanctioned, due to which area under the sugarcane crop is expected to increase to a considerable extent.

The department has started a mass training scheme in the district. Under this scheme, training classes of three days duration have been organised for farmers in 25 villages and 1100 fanners have been trained. Vocational courses of 15 days duration have been taken up at the College of Agriculture, Dhulia. Eight courses have been organised so far and 279 farmers have been trained.

Works Department.

The Works department of the Zilla Parishad is under the control of the Works Committee and is headed by the Parishad Executive Engineer who also acts as the Secretary to the Works Committee. The Parishad Executive Engineer is assisted in his work by the Deputy Engineer, Overseers, Sub-overseers and other necessary technical and ministerial staff.

The Works department deals with the works connected with major district roads, other district roads and village roads, the construction and maintenance of National Highways and State Highways being the responsibility of the Buildings-and Communications department in the State sector.

The Works department has undertaken many constructional activities in the district. In 1965, the department constructed 2 minor bridges and two submersible causeways at the cost of Rs. 4,31,038. The work on two major bridges on Amravati and Bhogawati rivers estimated to cost about Rs. 5,60,000 was in progress.

Public Health Department.

The health matters of the district which were formerly looked after by the Public Health Department and the Medical department of the State Government are with the formation of the Zilla Parishad looked after by the Public Health department of the Zilla Parishad. The department is headed by the Public Health Officer of the Zilla Parishad.

The main functions of the Public Health department relate to the control and eradication of epidemic diseases. There are 15 primary health centres in the district along with 5 allopathic and 27 ayurvedic dispensaries maintained by the Zilla Parishad. The department also maintains two maternity and child welfare centres which are located at Sakri and Pimpalner respectively. The Medical Officer at the primary health centre has both to attend the dispensary as also to supervise the working of the sub-centres. The responsibility for the development of maternal and child health services devolves on the health visitor or on the nurse-midwife attached to the centre.

There are 19 family planning centres in the district. These centres popularise modern ways and means of family planning and organise vasectomy and tubectomy operation camps. The family planning centres also undertake propaganda in respect of family planning.

Panchayat Samitis.

Under section 57 of the Act, a Panchayat Samiti has been provided for every block. Ten Panchayat Samitis have been established in Dhulia district with headquarters at Dhulia, Sindkheda, Shirpur, Sakri, Shahada, Nandurbar, Taloda, Nawapur, Akkalkuwa and Dhadgaon. Every Panchayat Samiti consists of the following members: -

(a) All councillors who are elected on the Zilla Parishad from the electoral divisions in the block.

(b) The co-opted councillors of the Zilla Parishad residing in the block.

(c) The chairmen of such co-operative societies conducting the business of purchase and sale of agricultural products in the block as nominated by Government (to be associate members).

(d) The chairman of a co-operative society conducting business relating to agriculture (not being a society falling under 'C above) in the block co-opted by the Panchayat Samiti (to be an associate member).

(e) In case of non-availability of a woman member or a member belonging to the scheduled castes or the scheduled tribes, one member who is a regular resident in the block, to be co-opted by the Panchayat Samiti.

(f) Sarpanchas elected by the members of the village panchayats.

The term of office of the Chairman and members of the Panchayat Samitis is co-terminous. [Section 59 of the Zilla Parishad Act.]

The Chairman of the Panchayat Samiti is paid an honorarium of Rs. 300 per month with the facilities of free residential accommodation. The Deputy Chairman of the Panchayat Samiti is paid an honorarium of Rs. 150 per month. [Section 69 of the Act. ]

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