UNIT -4
Table of Contents
Question-Explain the duties of Panchayat Samiti under Haryana Panchayati Raj Act, 1994.
Duties of Panchayat Samiti under the Haryana Panchayati Raj Act, 1994
The Panchayat Samiti is the intermediate tier of the Panchayati Raj system in rural areas in Haryana, as defined under the Haryana Panchayati Raj Act, 1994. It plays a critical role in local governance, facilitating the implementation of developmental schemes and managing resources at the block level. The Panchayat Samiti is tasked with various responsibilities that ensure the effective functioning of governance, development, and welfare programs at the block level.
Below is a detailed explanation of the duties of the Panchayat Samiti as per the provisions of the Haryana Panchayati Raj Act, 1994:
1. Development Planning and Execution
- Preparation of Plans: The Panchayat Samiti is responsible for preparing and implementing development plans for the block, which include both short-term and long-term objectives. These plans should address the specific needs and priorities of the community, such as infrastructure, health, education, and employment.
- Implementation of Government Schemes: The Panchayat Samiti is tasked with executing government schemes that focus on rural development. These schemes may include the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), rural infrastructure projects, health, sanitation, and educational initiatives.
- Monitoring and Evaluation: The Panchayat Samiti must monitor and evaluate the progress of development works within its jurisdiction. This includes ensuring that the works are executed properly, adhering to guidelines, and that the community benefits from these schemes.
2. Local Governance and Administration
- Coordination with Gram Panchayats: The Panchayat Samiti plays a coordinating role between the Gram Panchayats and the Zila Parishad. It ensures that the decisions taken by the Gram Panchayats align with block-level policies and guidelines. The Samiti also provides support and guidance to the Gram Panchayats for the execution of their duties.
- Supervision of Gram Panchayats: The Panchayat Samiti has the authority to supervise the functioning of Gram Panchayats in its jurisdiction. It ensures that the Gram Panchayats are following the legal framework, implementing government policies, and utilizing resources efficiently.
3. Financial Management and Resource Allocation
- Funds Management: The Panchayat Samiti is responsible for managing the funds allocated to it by the state and central governments for development purposes. This includes preparing and managing the budget, ensuring the proper allocation of funds to various projects, and monitoring their expenditure.
- Disbursement of Grants: The Samiti is also responsible for the disbursement of grants to Gram Panchayats for local development and welfare activities. It ensures that the allocated grants are utilized for the intended purposes.
- Resource Mobilization: Apart from government grants, the Panchayat Samiti is encouraged to mobilize local resources, such as through the imposition of taxes or collecting contributions for community development.
4. Social Welfare and Public Services
- Provision of Social Welfare Services: The Panchayat Samiti is involved in the provision of welfare services at the block level. This may include healthcare, education, and assistance to marginalized sections of society. For example, the Panchayat Samiti ensures the implementation of schemes for the construction of schools, health centers, and other public welfare services.
- Promotion of Health and Sanitation: The Panchayat Samiti plays an essential role in promoting health and sanitation in the block. It ensures the implementation of sanitation programs, including waste management, safe drinking water projects, and disease control programs.
- Promotion of Women and Child Welfare: The Panchayat Samiti works toward the welfare of women and children in the block. This includes the implementation of schemes focused on nutrition, education, empowerment, and ensuring the safety and welfare of women and children.
5. Development of Infrastructure
- Construction of Infrastructure: The Panchayat Samiti is responsible for the construction and maintenance of public infrastructure such as roads, bridges, drainage systems, and community centers at the block level.
- Public Amenities: The Samiti ensures the establishment and maintenance of public amenities, such as schools, health centers, and playgrounds, that contribute to the overall development of the rural area.
6. Agriculture and Rural Development
- Promotion of Agricultural Activities: The Panchayat Samiti plays a role in promoting agricultural development in the block, including the provision of irrigation facilities, agricultural extension services, and farmer welfare schemes. It works closely with the Agricultural Department to improve crop production, introduce new agricultural technologies, and increase farmers’ income.
- Support for Rural Industries: The Panchayat Samiti promotes rural industries such as handicrafts, cottage industries, and other small-scale enterprises. It facilitates training and access to resources for rural entrepreneurs.
7. Conflict Resolution and Social Harmony
- Conflict Resolution: The Panchayat Samiti plays an important role in resolving disputes at the block level, especially those related to land, property, and other civil matters. It may facilitate arbitration and mediate conflicts between parties, ensuring peace and harmony in the region.
- Social Justice: The Samiti ensures the promotion of social justice and works toward eliminating practices of untouchability, discrimination, and exploitation. It advocates for the protection of the rights of marginalized groups such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes (OBCs).
8. Implementation of Environmental Protection Policies
- Sustainable Development: The Panchayat Samiti is responsible for the implementation of policies focused on environmental protection and sustainable development. This may include activities related to forest conservation, soil conservation, and the management of natural resources.
- Regulation of Environmental Practices: It ensures that environmental regulations and norms are followed in agricultural practices, industries, and development projects within the block.
9. Conduct of Elections and Representation
- Election to Panchayat Samiti: The Panchayat Samiti is responsible for conducting elections for the Block-level Panchayats (if applicable) and ensuring the representation of all communities, including women and Scheduled Castes. It follows the procedures set out by the State Election Commission.
- Representation of Gram Panchayats: The Panchayat Samiti consists of representatives from various Gram Panchayats. The Gram Panchayat members are elected from each village, ensuring that all sections of society are represented in the decision-making process.
Conclusion
The Panchayat Samiti is crucial in the functioning of local governance at the block level in Haryana. Under the Haryana Panchayati Raj Act, 1994, the Samiti has a wide range of responsibilities, including development planning, financial management, social welfare, infrastructure development, and environmental protection. It serves as an intermediary between the Gram Panchayats and the Zila Parishad, ensuring that the needs of the community are addressed and that development policies and welfare programs are effectively implemented at the local level.
Question- Write a critical note on the Control of Panchayat Samiti under Haryana Panchayati Raj Act, 1994.
Critical Note on the Control of Panchayat Samiti under Haryana Panchayati Raj Act, 1994 (Unit-4)
The Panchayat Samiti plays a crucial role in the rural governance structure of Haryana under the Haryana Panchayati Raj Act, 1994. It functions as the intermediary between the Gram Panchayat and the Zila Parishad, serving as a decision-making body at the block level. The Act empowers the Panchayat Samiti to manage various developmental programs, oversee the implementation of policies, and ensure the welfare of rural communities. However, its effectiveness is often shaped by the control exercised over it, both by state authorities and higher levels of rural governance. Below, we examine the control mechanisms, key provisions, and the critical aspects of the Panchayat Samiti’s control as per the Haryana Panchayati Raj Act, 1994.
1. Constitution and Composition of Panchayat Samiti (Section 8)
Key Provisions:
- Panchayat Samiti is constituted at the block level with members directly elected by the villagers within the block.
- It consists of elected representatives from various constituencies, and the Sarpanchs of the Gram Panchayats within the block are members.
- The Adhyaksh (Chairperson) of the Panchayat Samiti is also elected by the members.
Critical Analysis:
- The election-based constitution of the Panchayat Samiti ensures that it is directly accountable to the people. However, the overlapping membership with Gram Panchayats and the Zila Parishad often leads to competing interests and political interference, which may undermine the efficiency of the Panchayat Samiti.
- The selection of the Adhyaksh is crucial in determining the Samiti’s effectiveness. If the chairperson lacks political support or is not able to lead decisively, it can lead to weak governance and poor implementation of local projects.
2. Powers of the Panchayat Samiti (Sections 12 and 13)
Key Provisions:
- The Panchayat Samiti has the power to formulate and execute developmental schemes in areas like education, healthcare, infrastructure, and rural welfare.
- It has the authority to levy taxes, collect fees, and receive grants for local developmental projects.
- It can also supervise and review the work of the Gram Panchayats and other local bodies within its jurisdiction.
Critical Analysis:
- The powers of the Panchayat Samiti are designed to enable it to address the needs of the block. However, its ability to formulate schemes may be limited by the lack of financial autonomy and the dependence on state grants.
- The supervisory role over Gram Panchayats can create tensions and conflicts, especially in cases where there is a lack of cooperation between local bodies.
- The power to levy taxes is often ineffective due to the under-developed local tax collection systems and the lack of trained personnel to manage finances. This undermines the Samiti’s ability to generate sustainable revenue.
3. Control by Zila Parishad and State Government (Section 14)
Key Provisions:
- The Panchayat Samiti is subject to the control of the Zila Parishad (district council), which supervises its functioning and ensures that its decisions align with district-wide development plans.
- The State Government also holds a significant amount of control through directives, financial management, and approval processes for certain projects or schemes initiated by the Panchayat Samiti.
Critical Analysis:
- The control by the Zila Parishad means that the Panchayat Samiti has limited autonomy in decision-making, as the Zila Parishad exercises its authority over many aspects of governance. This hierarchical structure can lead to delays and inefficiencies in implementing local schemes.
- The state control through financial oversight and the power to issue directives can stifle local innovation and responsiveness. Local needs might not always align with the state’s broader objectives, and this misalignment can lead to a lack of flexibility in addressing specific issues of the block.
4. Financial Control and Restrictions (Section 16-17)
Key Provisions:
- Financial control is a significant aspect of the Panchayat Samiti’s functioning. It is required to present its budget for approval by the Zila Parishad and the State Government. The allocation and spending of funds are closely monitored to ensure compliance with the law.
- The Panchayat Samiti can only raise local revenue through taxes and fees, and any expenditure must be in line with the approved budget.
Critical Analysis:
- The financial oversight exercised by the state and district authorities can lead to delays in project implementation, as Panchayat Samiti projects may be subject to bureaucratic approval.
- Local tax revenue is often insufficient to meet the growing demands for infrastructure and social welfare, making the Panchayat Samiti heavily reliant on state funding. This financial dependence limits its ability to operate independently and hampers its capacity to respond to local challenges swiftly.
- The requirement for budgetary approval by the Zila Parishad and State Government could reduce the flexibility of the Panchayat Samiti in utilizing funds as per urgent local needs.
5. Delegation of Powers (Section 15)
Key Provisions:
- The Panchayat Samiti has the ability to delegate specific powers to its committees, the Gram Panchayats, or its members for efficient execution of its functions.
Critical Analysis:
- While delegation of powers can help in managing the workload and improving efficiency, it also raises concerns regarding accountability. The delegation of powers, without proper checks and balances, can lead to the misuse of authority and lack of supervision over critical functions.
- The delegated authorities might also lack the requisite training or capacity to handle complex issues, leading to poor decision-making and implementation failures.
6. Supervisory and Regulatory Role (Section 19)
Key Provisions:
- The Panchayat Samiti has the responsibility to supervise and regulate the activities of the Gram Panchayats within its jurisdiction. It ensures that these Panchayats operate within the bounds of the law and follow the prescribed procedures for administration.
Critical Analysis:
- The supervisory role of the Panchayat Samiti is necessary to ensure uniformity and consistency across the block. However, this oversight often leads to conflicts with the Gram Panchayats, especially when the Samiti interferes with local autonomy or oversteps its boundaries.
- The effectiveness of the supervisory function can be undermined if there is a lack of proper guidelines or procedural clarity, leading to inefficiency and confusion at the grassroots level.
Conclusion:
The Panchayat Samiti under the Haryana Panchayati Raj Act, 1994 plays an essential role in implementing local governance at the block level, bridging the gap between village-level and district-level administration. While the control mechanisms provided in the Act—such as supervision by the Zila Parishad and the State Government—are intended to ensure consistency and alignment with broader development goals, they often limit the autonomy of the Panchayat Samiti. The financial dependence, bureaucratic delays, and interference from higher authorities create obstacles to effective functioning and governance.
For the Panchayat Samiti to become more effective, there is a need to empower it with greater financial independence, autonomy in decision-making, and the flexibility to cater to the unique needs of its constituency. The control mechanisms should not stifle the potential of the Samiti to address local issues swiftly and innovatively. Additionally, there needs to be a greater focus on capacity building at the grassroots level to ensure that the Panchayat Samiti can effectively manage resources, implement projects, and oversee local governance.
Question-Discuss the composition, duties & power of Panchayat Samiti.
Composition, Duties, and Powers of Panchayat Samiti under the Haryana Panchayati Raj Act, 1994
The Panchayat Samiti is the middle tier of the three-tier Panchayati Raj System in Haryana (Gram Panchayat – Panchayat Samiti – Zila Parishad). It plays a vital role in the coordination and implementation of development schemes at the block level.
1. Composition of Panchayat Samiti
Relevant Provision: Section 8 – Haryana Panchayati Raj Act, 1994
Members include:
- Directly elected members from territorial constituencies in the block.
- All Sarpanches of Gram Panchayats in the block.
- MLAs (Members of Legislative Assembly) representing the constituencies within the block (ex-officio members).
- Chairpersons of cooperative societies in the block (as prescribed).
- Members of Scheduled Castes and women are provided with reservation as per constitutional mandate.
Office Bearers:
- Chairperson (Adhyaksh) – Elected by the elected members.
- Vice-Chairperson (Up-Adhyaksh) – Also elected by members.
2. Duties of Panchayat Samiti
Relevant Provision: Section 113 – Functions of Panchayat Samiti
The duties of the Panchayat Samiti primarily include:
- Planning and executing developmental programs in the block.
- Preparing and implementing annual plans and budgets for the area.
- Supervising and coordinating the activities of Gram Panchayats.
- Promoting and assisting agriculture, animal husbandry, cottage industries, etc.
- Managing health centers, primary schools, drinking water, sanitation, and social welfare schemes.
- Maintaining public assets like roads, rest houses, community centers, and water bodies.
3. Powers of Panchayat Samiti
Relevant Provisions: Sections 112, 113 & 114 – Haryana Panchayati Raj Act, 1994
Administrative Powers:
- Supervise and inspect Gram Panchayat activities.
- Call for records and accounts from Gram Panchayats.
- Approve and monitor developmental schemes and centrally sponsored programs like MGNREGA, Swachh Bharat, etc.
Financial Powers:
- Prepare and approve its own budget.
- Levy and collect taxes, duties, tolls, and fees with state government approval.
- Allocate funds to Gram Panchayats for specific purposes.
- Receive grants-in-aid from the state or central government.
Judicial and Miscellaneous Powers:
- Resolve inter-panchayat disputes within the block.
- Recommend action against erring Gram Panchayats.
- Execute functions delegated by the Zila Parishad or State Government.
4. Critical Analysis
- The Panchayat Samiti is an important linking authority between the village and district levels.
- Despite its constitutional status, it often lacks financial autonomy and is dependent on state funding.
- Coordination challenges arise when political affiliations differ across tiers (Gram Panchayat, Panchayat Samiti, and Zila Parishad).
- Strengthening the Panchayat Samiti requires more capacity building, timely devolution of funds, and autonomy in decision-making.
Conclusion
The Panchayat Samiti, as per the Haryana Panchayati Raj Act, 1994, is entrusted with a wide array of responsibilities and powers to ensure holistic rural development. Its effective functioning can significantly improve governance, accountability, and delivery of public services in rural Haryana.
Question-How the Panchayat Samiti is supervised by the Government under Haryana Panchayati Raj Act, 1994?
Under the Haryana Panchayati Raj Act, 1994, the Panchayat Samiti operates under the supervision and control of the State Government to ensure accountability, transparency, and proper execution of development functions.
📘 Relevant Sections for Supervision of Panchayat Samiti:
- Section 111: General Control of Panchayat Samiti by State Government
- Section 199: Inspection and Supervision
- Section 200: Suspension and Dissolution
- Section 205: Power to Call for Proceedings
- Section 209–211: Audit and Accountability
🔍 1. General Supervision (Section 111 & 199)
- The Deputy Commissioner and Director of Panchayats have the authority to inspect the records, proceedings, and accounts of the Panchayat Samiti.
- State Government may issue directions to the Panchayat Samiti in matters of policy, administration, or governance.
⚖️ 2. Power to Suspend or Dissolve (Section 200)
- If the Panchayat Samiti abuses its powers, fails to perform duties, or acts against public interest, the Government may:
- Suspend the Panchayat Samiti or any member.
- Dissolve the Panchayat Samiti by issuing a notification (after giving a reasonable opportunity to be heard).
📄 3. Power to Call for Records (Section 205)
- The State Government or authorized officer may call for any record or proceeding of the Panchayat Samiti to examine:
- Legality
- Procedural correctness
- Public interest impact
📊 4. Financial Supervision (Sections 209–211)
- Audit of Accounts is mandatory and conducted by the Director of Local Audit.
- If any irregularity or misappropriation is found, recovery proceedings can be initiated.
- The Panchayat Samiti must submit annual budgets and utilization reports to the State Government.
🔄 5. Administrative Control
- Appointment of key administrative functionaries like Block Development and Panchayat Officer (BDPO) is done by the State Government.
- The BDPO acts as the executive officer under the Government’s control.
✅ Conclusion:
The Haryana Panchayati Raj Act, 1994 provides a robust framework for government supervision over Panchayat Samitis to ensure democratic decentralization functions effectively, without compromising accountability and transparency.