ADMINISTRATIVE STRUCTURE

LOCAL SELF-GOVERNMENT

LOCAL SELF-GOVERNMENT IN THE DISTRICT is conducted by various statutory bodies enjoying local autonomy in different degrees. The progress of these institutions has gone on in three spheres. First, in regard to their constitution from fully or partly nominated bodies they have now become entirely elective. Secondly, their franchise, which had gone on widening has, with the enactment of the Bombay Local Authorities Adult Franchise and Removal of Reservation of Seats. Act (XVII of 1950), reached the widest limit possible, viz., universal adult franchise. Every person who—

(a) is a citizen of India,

(b) has attained the age of 21 years, and

(c) has the requisite residence, business premises or taxation qualification,

is now entitled to be enrolled as a voter. Prior to 1950 reservation of seats for women, Muhammedans, Christians, Anglo-Indians, Harijans and Backward Tribes, had been provided in municipalities and district local boards, and for women, Muhammedans, Harijans and Backward Tribes in village panchayats. Muhammedans were also provided separate electorates in local boards and municipalities before 1947. The enactment mentioned above abolished the reservation of seats for Muhammedans, Christians and Anglo-Indians but continued it for ten years from the commencement of the Constitution of India (i.e., till 26th January, 1960) for women, the scheduled castes and scheduled tribes, which castes and tribes more or less represent Harijans and Backward Tribes. Thirdly, wider and wider powers have been gradually conferred on local bodies for the administration of areas under their charge.

Another recent reform is connected with the controlling authority over the institution of local self-government. Before the enactment of the Bombay Commissioners of Divisions Act, 1957 (VIII of 1958), which came into force with effect from 3rd March, 1958, the Divisional Officer, Aurangabad, used to exercise control over the local self-government bodies in his capacity as Director of Local Authority. Prior to 1st November, 1956, the Director of Local Authorities, Central Division, Poona, used to exercise control over the district. From 3rd March, 1958 the Commissioner, Aurangabad Division, had jurisdiction over the municipalities in the then East Khandesh district. At present the municipalities in Jalgaon district come under the jurisdiction of the Commissioner, Bombay Division.

Municipalities.

The Municipalities.—The total area in Jalgaon district under the administration of Municipalities in 1951 was 29.19 sq. miles with a population of 3,36,992 (1951 census). The towns of Jalgaon, Bhusawal. Amalner and Chalisgaon are municipal boroughs governed by the Bombay Municipal Boroughs Act (XVIII of 1925) and the other towns, viz., Parola, Erandol, Savda, Yawal, Pachora, Dharangaon, Raver, Faizpur and Chopda are district municipalities working under the Bombay District Municipal Act, 1901.

District Municipalities.

Under the Bombay District Municipal Act (III of 1901) the State Government has power to declare by notification any local area to be a "municipal district" and also to alter the limits of any existing municipal district. In every municipal district, a municipality has to be constituted, consisting of elected councillors, the Commissioner having power to nominate councillors to represent constituencies which fail to elect the full number allotted to them. The State Government has power to prescribe the number and the extent of the wards to be constituted in each municipal district and the number of councillors to be elected by each ward. Till 26th January, 1960, it could also reserve seats for the representation of women, the scheduled castes and the scheduled tribes.

The term of office of a municipality is four years; but it can be extended to an aggregate of five years by the Commissioner in the case of district municipalities and by Government in case of borough municipalities. Under the Act every municipality has to be presided over by a President selected from among the councillors and either appointed by Government or elected by the municipality, if the State Government so directs. A Vice-President is elected by the councillors from among themselves, but in the case of a municipality whose President is appointed by Government the result of the election of Vice-President is subject to the approval of Government. At present, all municipalities in the Jalgaon district are allowed to elect their Presidents.

The government of a municipal district vests in the municipality. The head of the municipality is the President, whose duty is to—

(a) preside over meetings of the municipality:

(b) watch over the financial and executive administration and to perform such other executive functions as may he performed by the municipality;

(c) exercise supervision and control over the acts and proceedings of all officers and servants of the municipality; and

(d) furnish to the Collector a copy of resolution passed at any meeting and any extract from the minutes of the proceedings when called for by the Collector.

There is provision for the compulsory constitution of a managing committee in the case of all municipalities and of a pilgrim committee in the case of those municipalities which have been specially notified by the State Government. Option is also left to municipalities to appoint other executive or consultative committees.

The Act divides municipal functions into obligatory and optional. The former include all matters essential to the health, safety, convenience and well-being of the population, while the latter are matters, which, though they are legitimate objects of local expenditure, are not considered absolutely essential. The following are among the obligatory duties laid on all municipalities: —

(a) lighting public streets, places and buildings;

(b) watering public streets and places;

(c) cleansing public streets, places and sewers, removing noxious vegetation, and abating all public nuisances;

(d) extinguishing fires, and protecting life and property, when fires occur;

(e) regulating or abating offensive or dangerous trades or practices;

(f) removing obstructions and projections in public streets or places;

(g) securing or removing dangerous buildings or places and reclaiming unhealthy localities;

(h) acquiring and maintaining, changing and regulating places for the disposal of the dead;

(i) constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, slaughter-houses, latrines, privies, urinals, drains, sewers, drainage work, sewerage works, baths, washing places, drinking fountains, tanks, wells, dams and the like;

(j) obtaining a supply or an additional supply of water, proper and sufficient for preventing danger to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply when such supply or additional supply can be obtained at a reasonable cost;

(k) naming streets and numbering houses;

(l) registering births and deaths;

(m) public vaccination;

(n) suitable accommodation for any calves, cows or buffaloes for the supply of animal lymph;

(o) establishing and maintaining public hospitals and dispensaries and providing medical relief to public;

(p) establishing and maintaining primary schools;

(q) printing such annual reports on the municipal administration as the State Government requires the municipality to submit;

(r) paying salary and contingent expenditure on account of such police or guard required for the protection of municipal property;

(s) disposing of night-soil and if so required by the State Government preparing compost manure from such night-soil and rubbish;

(t) constructing and maintaining residential quarters for conservancy staff of the municipality;

(u) providing special medical aid and accommodation for the sick in times of dangerous epidemics; and taking such measures as may be required to prevent the outbreak of and to suppress and prevent the recurrence of the disease;

(v) giving relief and establishing and maintaining relief works in times of famine and scarcity.

Municipalities may, at their discretion, provide out of their funds for the following among others: —

(a) laying out new public streets;

(b) constructing, establishing or maintaining public parks, gardens, libraries, museums, lunatic asylums, halls, offices, dharmashalas, rest-houses, homes for the disabled and destitute persons, and other public buildings;

(c) furthering educational objects;

(d) planting and maintaining roadside and other trees;

(e) taking a census and granting rewards for information which may tend to secure the correct registration of vital statistics;

(f) conducting various surveys;

(g) salaries and allowances, rent and other charges incidental to the maintenance of the Court of Stipendiary or Honorary Magistrate or any portion of such charges;

(h) arrangements for the destruction or the detention and preservation of such dogs within municipal districts as may he dealt with under section 49 of the Bombay Police Act, 1951;

(i) securing and assisting to secure suitable places for the carrying on of the offensive trade mentioned in section 151 (1);

(j) supplying, constructing and maintaining in accordance with a general system approved by the sanitary board, receptacles, fittings, pipes and other appliances whether on or for the use of private premises for receiving and conducting sewage thereof into sewers under the control of the municipality;

(k) establishing and maintaining a farm or factory for the disposal of sewage;

(l) the construction, purchase, organisation, maintenance, extension and management of mechanically propelled facilities for the conveyance of the public;

(m) construction, maintenance, repairs or purchase of any works for the supply of electrical energy;

(n) promoting the well-being of municipal employees of any class and their dependents;

(o) providing accommodation for any class of employees of municipalities other than the conservancy staff;

(p) the construction of sanitary dwellings for the poorer classes;

(q) making contributions to funds of the Local Self-Government institutions;

(r) making contributions towards the construction, establishment or maintenance of educational institutions including libraries and museums, hospital, dispensary or similar institution providing public medical relief or any other institution of a charitable nature;

(s) the setting up of dairies or farms for the supply, distribution and processing of milk or milk products for the benefit of the inhabitants of the municipal district;

(t) any measure not specified in section 54 likely to promote the public safety, health, convenience or education, and

(u) with the previous concurrence of the Collector, any public reception, ceremony, entertainment or exhibition within the municipal district.

Municipal taxation may embrace the following items: —

(i) a rate on buildings and lands;

(ii) a tax on all or any vehicles, boats or animals used for riding, draught or burden;

(iii) a toll on vehicles (other than motor vehicles or trailers) and animals used as aforesaid;

(iv) an octroi on animals and goods;

(v) a tax on dogs;

(vi) a special sanitary cess upon private latrines, premises or compounds cleansed by municipal agency;

(vii) a general sanitary cess for the construction and maintenance of public latrines and for the removal and disposal of refuse;

(viii) a general water-rate or a special water-rate, or both;

(ix) a lighting tax;

(x) a tax on pilgrims, and

(xi) any other tax which the State Legislature has power to impose.

Instead of (i), (vii), (viii), (general water-rate) and (ix), a consolidated tax as a rate on buildings or lands may be imposed.

The rules regulating the levy of taxes have to be sanctioned by the Commissioner who has been given powers to subject the levy to such modifications not involving an increase of the amount to be imposed or to such conditions as to application of a part or whole of the proceeds of the tax to any purpose. If any tax is imposed on pilgrims resorting periodically to a shrine within the limits of the municipal district, the Commissioner may require the municipality to assign and pay to the District Local Board such portion of the tax as he deems fit, and when a portion is so assigned an obligation is laid on the board to expend it on works conducive to the health, convenience and safety of the pilgrims.

The State Government may raise objections to the levy of any particular tax which appears to it to be unfair in its incidence or obnoxious to the interest of the general public and suspend the levy of it until such time as the objections are removed. The State Government may require a municipality to impose taxes when it appears to it that the balance of the municipal funds is insufficient for meeting any cost incurred by any persons acting under the directions of the Collector or of the Commissioner, for the execution of any work or the performance of any duties which the municipality is under an obligation to execute or perform but which it has failed to execute or perform.

Many of the taxes are levied by municipalities but the rates at which they are levied do not enable them to meet all their expenditure. Their incomes have to be supplemented by numerous grants made by Government both recurring and non-recurring. For instance, grants are made by the Government to municipalities towards the pay of Medical Officer and Sanitary Inspectors, maintenance of municipal dispensaries and hospitals, water-supply and drainage scheme, expenditure on epidemics, payment of dearness allowance, construction and maintenance of roads, etc. These grants add substantially to the municipal income. Since the passing of the Bombay Primary Education Act (LXI of 1947) control of primary education has virtually been transferred from municipalities (i.e., those working under the Bombay District Municipal Act, 1901) and the District Local Board to the Jalgaon District School Board and the financial liabilities of district municipalities have been limited.

The District School Board has control of primary education in the areas of nine district municipalities and two borough municipalities but these municipalities pay over to the District School Board five per cent, of rateable value of the properties in their areas as a contribution towards meeting the expense on primary education.

Control over the municipalities is exercised by the Collector, the Commissioner, and the State Government. The Collector has power of entry and inspection in regard to any immoveable property occupied by a municipality or any work in progress under it. He may also call for extracts from the proceedings of a municipality or for any books or documents in its possession or under its control. He may also require a municipality to take into its consideration any objection he has to any of its acts or any information which he is able to furnish necessitating any action on its part. These powers are delegated by the Collector to the Assistant or Deputy Collectors in charge of talukas.

The Commissioner has powers to order a municipality to suspend or prohibit, pending the orders of State Government the execution of any of its order or resolution, if in his opinion, it is likely to cause injury or annoyance to the public or to lead to a breach of the peace or is unlawful. In cases of emergency, the Commissioner may provide for the execution of any works or the doing of any act which a municipality is empowered to execute or do and the immediate execution or doing of which is necessary for the health or safety of the public and may direct that the expense shall forthwith be paid by the municipality.

Subject to appeal to the State Government the Commissioner is also empowered to require a municipality to reduce the number of persons employed by it, and also the remuneration assigned to any member of the staff. On the recommendation of a municipality he can remove any councillor guilty of misconduct in the discharge of his duties.

When satisfied that a municipality has made a default in performing any statutory duty imposed on it, the State Government may direct the Commissioner to fix a period for the performance of that duty, and if that duty is not performed within the period stipulated, the Commissioner may appoint some person to perform it and direct that the expenses shall forthwith be paid by the municipality.

If the State Government is of the view that any municipality is not competent to perform or persistently makes default in the performance of its duties or exceeds or abuses its powers, it may either dissolve the municipality or supersede it for a specific period. The President or Vice-President of a municipality or municipal borough may be removed by the State Government for misconduct or for neglect or incapacity in regard to the performance of his duties.

The audit of all local fund accounts is provided for by the Bombay Local Fund Audit Act (XXV of 1930). The Commissioner, on receipt of the report of the Examiner of Local Fund Accounts, may disallow any item of expenditure which appears to him to be contrary to law and surcharge the same on the person making; or authorising the making of the illegal payment. Appeals against the order may be made either to the District Court or to State Government.

The Bombay Municipal Boroughs Act is applied in the Jalgaon district to the Jalgaon, Bhusawal, Amalner, and Chalisgaon municipalities. This Act, enacted in 1925, conferred greater powers on municipal boroughs than those conferred on municipalities governed by the Bombay District Municipal Act, 1901

Borough Municipalities

In the case of a borough municipality a standing committee is appointed instead of the managing committee as in the case of district municipalities. The powers of the standing committee are wider than those of the managing committee. The appointment of a Chief Officer is made compulsory and he has been given powers under the Act in respect of control of the subordinate staff. A Chief Officer has to be a graduate of a recognised University or a qualified engineer, and it is laid down by section 33 that no Chief Officer shall be removed from office, reduced or suspended unless by the votes of at least two-thirds of the whole number of councillors.

As regards taxation, a borough municipality is empowered to levy (a) a drainage tax and (b) a special education tax, in addition to the taxes leviable by municipalities governed by the District Municipal Act. Certain powers exercised by the Commissioner in the case of district municipalities are, in the case of borough municipalities, exercised by the State Government, namely, (1) power to sanction the rules relating to levy of taxes, (2) power to remove on the recommendation of the municipality any councillor guilty of misconduct in the discharge of his duties, and (3) power to extend the term of a municipality from four years to five years. The municipal boroughs of Jalgaon and Amalner are authorised to control all approved schools within their areas and they manage primary education within their areas.

An account of the individual municipalities in the district will be found in Chapter XX in the paragraphs dealing with the towns concerned.

The following is the list of Municipalities in the district of Jalgaon with their population according to the 1951 census, area, number of wards, total number of councillors, number of seats reserved for the representation of women, the scheduled castes and scheduled tribes and the number of nominated seats.

*The population given in the Census Hand-Book is of the revenue village which in area is much bigger than the municipal district administered by the municipality. But the population of the revenue village more or less approximates to the population of the municipal town, as the area of the revenue village not included in the municipal district is more or less uninhabited as it is composed only of agricultural fields. The cultivators stay in the town and go to the fields when they have to perform agricultural operations.

The District Local Board.—The local self-government of the Jalgaon district excluding municipal area is entrusted to the Jalgaon District Local Board, which is constituted under the Bombay Local Boards Act (VI of 1923). The area administered by the board is 4,529 sq. miles with a population of 11,57,114 according to the Census of 1951. The Board is wholly elected and is composed of 58 members of whom twelve seats are reserved for women, scheduled castes and scheduled tribes. Its term of office is four years extensible by order of the Commissioner to a term not exceeding in the aggregate, five years. If an election does not result in the return of the required number of qualified persons willing to take office, the Commissioner has to appoint the necessary number.

The president of the board is elected by the board from among its own members. His term of office is co-extensive with the life of the board. His chief functions are: (a) to preside over the meetings of the board, (b) to watch over the financial and executive administration of the board, (c) to exercise supervision and control over the acts and proceedings of all officers and servants of the board in the matters of executive administration, and in matters concerning the accounts and records of the board and (d) subject to certain limitations prescribed by rules framed under the Act, to dispose of all questions relating to the service of the officers and servants and their pay, privileges and allowances. Without contravening any order of the board he may in cases of emergency direct the execution or stoppage of any work or the doing of any act which requires the sanction of the board.

There is a vice-president of the board who is also elected like the president. He presides over the meeting of the board in the absence of the president and exercises such of the powers and performs such of the duties of the president as the president may delegate to him. Pending the election of a president or during the absence of the president on leave he exercises the powers and performs the duties of the president.

The minimum number of members required to be present for transacting the business at meeting should not be less than one-third of the whole number of members.

Under the Act it is compulsory on the board to appoint a standing committee. The appointment of other committees is optional. Jalgaon District Local Board appoints a Budget Sub-Committee and a Public Health Committee in addition to the standing committee. So also as per the Professions, Trades and Callings Tax Rules framed by the District Local Board, Jalgaon, the board has to appoint appeal committee to dispose of the appeals preferred by the tax-payers.

The standing committee is to consist of not more than nine members and not less than five members as the board may determine. The president of the board is ex-officio chairman of the committee. Reappropriations and tenders of works costing not more than Rs. 10,000 are sanctioned by it. It also considers the subjects which do not generally come within the purview of other committees.

The obligatory and optional functions of the board are set out in section 50 of the Local Boards Act. The chief obligatory duties are—

(1) the construction of roads and other means of communication and maintenance and repair of all roads and other means of communication vested in it;

(2) the construction and repairs of hospitals, dispensaries, markets, dharmashalas and other public buildings and the visiting places, management and maintenance of these institutions;

(3) the construction and repair of public tanks, wells and waterworks, supply of water from them and from other sources, and construction and maintenance of works for preservation of water for drinking and cooking purposes and protection from pollution;

(4) public vaccination and sanitary works and measures necessary for public health;

(5) the planting and preservation of trees by the side or in the vicinity of roads vested in the board.

Under the Primary Education Act, 1947, and the rules framed under it which came into force from April 1, 1949, the District Local Board, Jalgaon, has no longer any administrative or financial control over primary education. The only duty of the board is to hold an election of the members of the District School Board as prescribed in the Act and to assign revenue equal to 15 pies per rupee out of the income from the cesses on land revenue and water-rate.

The main financial resources of the board as set out in section 75 of the Bombay Local Boards Act are—

(1) a cess on land revenue at the rate of three annas per rupee:

(2) a cess on water-rate at the rate of three annas per rupee;

(3) all rents and profits accruing from property (including ferries) vested in the board;

(4) grants from Government;

(5) income realised from tax on professions, trades and callings levied by the District Local Board, Jalgaon.

Under section 79 of the Act the board has to assign to every municipality two-thirds of the cesses on land revenue levied from lands within that municipality. The board now levies the cesses on land revenue and water-rate at the maximum of three annas in the rupee.

Owing to the amendment to the section 118-A of the District Local Boards Act, 1923, the district local boards are now in receipt of only five per cent of land revenue instead of 15 per cent.

The controlling authorities in relation to the Jalgaon District Local Board are the Collector, the Commissioner of Bombay Division and the State Government.

The following were the receipts and expenditure of the Jalgaon District Local Board under the various heads in 1957-58 excluding primary education (which is now looked after entirely by the District School Board, Jalgaon) and Deposits, Advances, Investments and Provident Fund:—

Under Deposits, Advances, Investments and Provident Fund, the receipts were Rs. 5,96,680 and expenditure Rs. 4,54,635.

The board has unrestricted powers of appointment of its officers and servants and of payment to them. Formerly under section 119 (3) of the Act the Government used to pay the subsidy equal to two-thirds of the salary of the Chief Officer and Engineer provided their appointments are sanctioned by Government. But now Government have deleted sub-section (3) of section 119 of the Act and stopped the subsidy. At present the board has appointed a Chief Officer in the scale of Rs. 220—15—400—EB—20—500 and an Engineer in the scale of Rs. 220—15—400—EB—20—500—EB— 25—625.

On 1st April, 1958, the board had a total road mileage of 1,214. The maintenance of these roads is a responsibility of the board. Out of these 284 miles are metalled roads and others are murum roads. The board is required to frame an yearly programme of road improvements and to submit it to the Commissioner, Bombay Division, for sanction. Current repair works are generally provided from the local fund.

Water-supply.

Government under its Resolution, Health and Local Government Department, No. 92, dated the 24th April, 1957, has sanctioned a scheme which aims at providing drinking-water supply facilities to villages with a population of 200 and above and in backward area in villages with a population of 100 and above which lack adequate supply of drinking-water.

Health and Sanitation.

The board has not appointed a Health Officer nor does it maintain any independent health staff. The Government District Health Officer looks after the arrangements in connection with control of epidemics. The board appoints inoculators and supplies vaccines and other drugs for inoculation and disinfection of water-supply of the advice of District Health Officer.

Hospitals and Dispensaries.

The District Local Board, Jalgaon, maintains 34 ayurvedic dispensaries and six allopathic dispensaries. The expenditure on the former was nearly Rs. 1,47,000 and Rs. 90,000 on the latter during the year 1957-58.

There are 23 subsidised Medical Practitioners' Centres in the district.

The board maintains in all 13 veterinary dispensaries and one Veterinary Centre at Bodwad.

Other Amenities.

There are 220 dharmashalas and six inspection bungalows in charge of District Local Board, Jalgaon.

Village Panchayats.

The Village Panchayats.—Village panchayats form local units of administration for villages. Under the Bombay Village Panchayats Act (VI of 1933), as amended up to 1st July, 1949. in every local area which has a population of not less than 2,000 a panchayat has to be established. It is also permissible for the State Government to direct the establishment of a panchayat in a local area having a population of less than. 2,000. In accordance with this provision. Government has decided that a panchayat should be established in a village with a population of 1,000 and over if there is a spontaneous demand for it from the villagers. Village panchayat can be established in a village having a population of 500 and 250 in special circumstances. There were 441 village panchayats in the Jalgaon district on 31st March, 1953.

The maximum number of members for a panchayat is fifteen and the minimum number seven. The members are to be elected on adult franchise. Till 26th January, 1960 (i.e., till the expiration of ten years from the commencement of the Constitution of India), the State Governments were given power to reserve seats (in joint electorates) for the representation of women, Scheduled Castes and Scheduled Tribes. However, no seats may be reserved for the Scheduled Castes and Scheduled Tribes unless Government is of opinion that the reservation is necessary having regard to the population in the village of such castes and tribes. The term of office of panchayats is four years and extension for one year can be granted by the Collector. Every panchayat has to elect a sarpanch and a deputy sarpanch from among its members. The sarpanch presides over the panchayat and the executive power for the purpose of carrying out the provisions of the Panchayats Act and the resolutions passed by the panchayats vests in the sarpanch. Every panchayat has also to appoint a secretary, whose qualifications, powers, duties, remuneration and conditions of service (including disciplinary matters) are prescribed by Government. A village panchayat pays full pay of the Secretary from the Village Panchayat Funds.

Section 26 of the Village Panchayats Act lays down that so far as the village funds at its disposal will allow and subject to the general control of the District Local Board, it shall be the duty of a panchayat to make reasonable provision within the village in regard to the following matters:—

(a) supply of water for domestic use;

(b) cleansing of the public roads, drains, bunds, tanks and wells, etc.;

(c) removing of obstructions and projections in public streets or places;

(d) construction, maintenance and repair of public roads, drains, bunds and bridges;

(e) sanitation, conservancy and prevention and abatement of nuisances;

(f) preservation and improvement of public health;

(g) maintenance and regulation of the use of public buildings, grazing lands, forest lands, tanks and wells, vesting in or under the control of the panchayat;

(h) lighting of the village;

(i) control of fairs, bazars, slaughter-houses and cart-stands; and

(j) provision, maintenance and regulation of burning and burial-grounds.

Under section 26-A of the Act, it is competent to a panchayat to make provision within the village in regard to the following among other matters: —

(a) crop experiments;

(b) construction and maintenance of slaughter-houses;

(c) relief of the destitute and the sick;

(d) improvement of agriculture;

(e) co-operative farming;

(f) improvement of cattle and their breeding and general care of the live-stock;

(g) establishment of granaries;

(h) village libraries and reading rooms;

(i) promotion, improvement and encouragement of cottage industries;

(j) construction and maintenance of public latrines;

(k) establishment and maintenance of markets; and

(l) watch and ward of the village and the crops therein.

Under section 28 of the Act, when sufficient funds for the purpose are placed at the disposal of the panchayat by the District Local Board, the panchayat is under an obligation to—

(a) supervise the labour employed by the board on works within the village;

(b) supervise repairs to dharmashalas;

(c) manage and maintain cattle-pounds; and

(d) execute such works as are entrusted to it by the board.

Subject to such conditions as the State Government may impose, it is also competent to a panchayat to perform other administrative duties including the distribution of irrigation water that may be assigned to it by the State Government after consultation with the District Local Board.

Under section 89 of the Act, every panchayat is under an obligation to levy a house tax and a tax on lands not subject to payment of agricultural assessment at rates prescribed by Government and it is competent to a panchayat to levy all or any of the following taxes or fees at such rates and in such manner and subject to such exemptions as may be prescribed by Government, namely: —

(i) a pilgrim tax;

(ii) a tax on fairs, festivals and entertainment;

(iii) a tax on sales of goods;

(iv) octroi;

(v) a tax on marriages, adoptions and feasts;

(vi) a tax on shops and hotels;

(vii) a tax on premises where machinery is run by steam, oil, electric power, or manual labour for any trade or business and not for a domestic or agricultural purpose;

(viii) a fee on markets and weekly bazars;

(ix) a fee on cart-stands;

(x) a fee for supply of water from wells and tanks vesting in it for purposes other than domestic use.

It is also laid down that every panchayat shall levy any one of the above taxes as may be prescribed by Government in regard to the panchayat.

It is also competent to a panchayat to levy any other State tax which has been approved by the District Local Board and sanctioned by Government.

Section 90 of the Act gives the District Local Board power to compel a panchayat to levy or increase any of the taxes or fees specified if it appears to the board that the regular income of the panchayat falls below what is necessary for the proper discharge of the obligatory duties of the panchayat.

Exclusive of local fund cess, grant-in-aid equal to 30 per cent of the land revenue of the village is also paid to the village panchayat.

Nyaya Panchayats.

Unlike other local self-governing units, every village panchayat is empowered to constitute a body called nyaya panchayat to try petty civil suits and criminal cases. The nyaya panchayat is composed of five members elected by the panchayat at its first meeting out of its members. The nyaya panchayat elects its chairman from amongst its members and its term of office is coextensive with that of the panchayat. The State Government has power to remove any member of the nyaya panchayat for reasons of misconduct in the discharge of his duties, or of any disgraceful conduct, or for neglect, refusal or incapacity in regard to the performance of his duties as a member of the nyaya panchayat.

The Secretary of the village panchayat acts as the judicial clerk of the nyaya panchayat. Conviction by a nyaya panchayat is not deemed to be previous conviction for the purpose of the Indian Penal Code.

Three hundred and fifty nyaya panchayats in Jalgaon district are invested with first stage powers. Under Government Notification No. 4514-p-4-(29) of the Home Department, dated 21st February, 1949, two nyaya panchayats in the district are invested with powers to take cognisance of and try offences under sections 4, 5, 5-A. 6, 6-A and 7 of the Prevention of Cruelty to Animals Act, 1890; under section 61 (1) (p) of the Bombay District Police Act, 1890; under sections 22, 23, 24 and 25 of the Vaccination Act, 1892; and under section 4 of the Bombay Prevention of Adulteration Act, 1925. These panchayats can also punish breaches of by-laws made under the Bombay Village Panchayats Act, 1933. Three panchayats under Government Notification No. 4514/4 (28) of the Home Department, dated 21st February, 1950: 156 nyaya panchayats under Government Notification No. VPA-1054, dated 1st June, 1954, and 86 nyaya panchayats under Government Notification No. 4514/4 (27), dated 21st February, 1950, are also vested with the same powers. Under Government Notification No. 4514/4 of the Home Department, dated 1st April, 1952, one nyaya panchayat is vested with powers to take cognisance of and try offences under sections 269, 277 and 283 of the Indian Penal Code and under sections 24 and 109 of the Cattle-Trespass Act, 1871. Under Government Notification No. VPA-1455/58883-B of the Home Department, dated 30th October, 1956, ninety-two nyaya panchayats are vested with power to take cognisance of and try offences under section 35 of the Bombay Primary Education Act, 1947.

Powers of control over panchayats are given to the Collector any party to any suit or case.

Appeals are allowed to the District Court in civil suits and to the Sessions Court in criminal cases.

Powers of control over panchayats are given to the Collector and the District Local Board. Both of them have concurrent powers to call for information and to compel the panchayat to take into consideration any objection they have to any acts of the panchayat, either of commission or of omission, or any information which necessitates the commission of any act by the panchayat. They can also compel the panchayat to reduce the staff maintained by it or the remuneration paid to them. In addition, the Collector has powers of suspension and prohibition in respect of the execution of any order or resolution of a panchayat which, in his opinion, is likely to cause injury or annoyance to the public or to lead to a breach of the peace. In cases of emergency, the Collector may also provide for the execution of any work or the doing of any act which a panchayat is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public, and may direct that the expenses shall be forthwith paid by the panchayat.

The District Local Board is authorised to carry out each year the audit of the accounts of a panchayat and to forward a copy of the audit note to the Collector. If it appears to the Board that a panchayat has made default in the performance of its obligatory duties, it may order the duty to be performed within a specified period, and, if the duty is not performed within the period, the board can appoint some person to perform it and direct that the expense be paid by the defaulting panchayat.

The State Government also is given power to carry out at the cost of the panchayat any of the panchayat's obligatory duties when it appears to it that the District Local Board has failed to take action. The State Government has also powers, after consultation with the District Local Board, to dissolve or supersede apanchayat if, in its opinion, the panchayat had exceeded or abused its powers or made persistent default in the performance of its obligatory duties, or persistently disobeyed any of the orders of the Collector. If a panchayat is superseded, all the powers and duties of the panchayat will be exercised and performed by a person or persons appointed by the State Government.

In pursuance of a resolution, dated the 13th September, 1950, Government has appointed in the Jalgaon district a special officer of the grade of a Mamlatdar for the development of village panchayats on sound and proper lines. This officer is authorised, under section 95 (3) of the Village Panchayats Act, to exercise the powers of a Collector and of a District Local Board under section 94 (1) of the Act. Several duties have also been placed on this officer, and he is expected to do everything that is possible to popularise village local self-government and to make the working of village panchayats really effective. He has to exercise supervision over the affairs of panchayats already established in the district, recommend to the Collector the establishment of new panchayats, tour round and explain to the panchayats the system of panchayat administration, watch the actual working of the panchayats, give them guidance if their working is not proper and persuade women to take active interest in the affairs of panchayats. He is directed to hold annual gatherings of the members of panchayats so that panchayats may become aware of the activities of one another. An annual report on the activities of panchayats has to be prepared by him and submitted to the Collector before the 15th of May and, within a fortnight thereafter, the Collector has to forward that report to the Government with his own remarks.

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