Panchayati Raj Institution in Assam
Panchayati Raj Institution in Assam
Panchayati Raj Institution in Assam
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TOPIC: ASSAM PANCHAYATI RAJ INSTITUTION
PAPER: Indian Government and Politics (POL.551)
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The idea of decentralized planning and village level popular administrative and development
institutions based on the philosophy of community development is as old as Mahatma Gandhi
and Rabindranath Tagore who stressed on both autonomy and selfreliance.
Reconstruction and rejuvenation of the rural economy of India was one of the important
ideals embodied in the tradition of our freedom movement. Consequently the founding father
of the Indian Constitution says, “The State shall take steps to organize village Panchayats and
endow them with such powers and authority as may be necessary to enable to function as
units of self-government”.
The report of the Team of the Community Projects and Natural Extension Service under the
chairmanship of Sri Balwantray G. Mehta submitted in 1958 endowed Panchayati Raj with
great importance and urgency. After that almost all the States in India passed legislation for
the establishment of Panchayati Raj institutions.
Assam has experimented with Panchayati Raj right from the dawn of independence. In
Assam the first Panchayati Raj legislation was the Rural Panchayat Act, 1948. This Act
aimed at developing local self-government in the rural areas of Assam and making better
provisions for administration, reconstruction and development of villages. The Assam
Panchayat Act, 1959 amended and consolidated the laws relating to the Panchayats and
sought to invest them with necessary powers and authority.
The Assam Panchayati Raj Act, 1972 introduced a two-tier system of Panchayati Raj and
abolished Anchalik Panchayats. It also established Gaon Panchayats with jurisdiction larger
than erstwhile Gaon Sabhas at the village level and Mahakuma Parishad at the sub-divisional
level. Virtually all the powers were vested in the Mahakuma Parishad; and Gaon Panchayats
had significant role to play.
The Assam Panchayati Raj Act, 1986 reverted to a three-tier system consisting of Gaon
Panchayat, Anchalik Panchayat and Mahakuma Parishad. In the new Act, Mahakuma
Parishad assumed a supervisory role. The provision of this Act also went through changes by
way of amendments.
The perspective of the Panchayati Raj institutions in the States of India were substantially
changed by the Constitution (73rd Amendment) Act, 1992 which came into force with effect
from 24th April, 1993. This amendment of the Constitution sought to give some uniformity to
Panchayati Raj institutions throughout India by providing guidelines and directives.
Following this development, Assam Panchayat Act, 1994 was passed with features in
conformity with the new provisions of the Indian Constitution with regard to Panchayati Raj.
It is a pity that even after six years of the enactment of the new Panchayati Raj legislation in
Assam elections have not been held for forming the democratic Panchayat bodies in the State.
But we hope that this is a temporary aberration. Therefore, the present paper will examine the
salient features of the new Act passed in the State along with relevant constitutional
provisions. It will also discuss the impediments to democratic decentralization and the
associated evils. In the conclusion some constructive suggestions are attempted.
The Act extends to the whole of Assam in the rural areas except the autonomous districts
under the Sixth Schedule of the Constitution of India. In pursuance of the new provisions
inserted in the Constitution, the Act has created a three-tier Panchayat System in the State
consisting of Gaon Panchayat, Anchalik Panchayat and Zilla Parishad. It has also provided
for Gaon Sabha for direct democracy at the Village-Panchayat area level and District
Planning Committee for drafting development plans at the district level for rural and urban
areas taken together. It may also be mentioned here that the Act has provided for the
constitution of two Commissions: the Finance Commission and the State Election
Commission and it has assured necessary reservation policy for the SC, ST and women as per
dictate of the Constitutional Amendment Act, 1992. In the following sections we have
discussed only the Panchayat bodies and the District Planning Committee and avoided
discussion on technicalities relating to the Finance Commission and State Election
Commission. Similarly we have not mentioned the reservation provisions in each case as it
would lead to repetition.
The Act has envisaged District Planning Committee as a coordinating agency for the local
self-government institutions existing in both rural and urban areas. It is to consolidate the
plans prepared by Zilla Parishad, Anchalik Panchayats, Town Committees, Municipalities
and Municipal Corporations and prepare a draft development plans for the district as a whole.
District Planning Committee shall consist of both ex-officio members and indirectly elected
members. Local Member of Parliament, local Member of Legislative Assembly, President of
the Zilla Parishad and Chairpersons of urban local self-government bodies in the district are
the ex-officio members. Not less than four-fifth of the total members of the body shall be
elected from the members of Zilla Parishad and urban self-government bodies on rotation
annually and in proportion to the ratio between rural and urban population in the district.
The Deputy Commissioner shall be a permanent invitee, the President of the Zilla Parishad
shall be the ex-officio Chairperson and the Chief Executive Officer of the Zilla Parishad shall
be the ex-officio Secretary of the District Planning Committee.
The idea of district-level integrated planning is sound. But one should ensure the presence of
permanent machinery for doing the spade-work for district level planning otherwise the
meetings of the body may degenerate into mere rituals.
B. Gaon Sabha
The Act provides for a Gaon Sabha (constitutional equivalent of Gram Sabha) for every Gaon
Panchayat area consisting of persons registered in the electoral rolls of the area. The Gaon
Sabha shall meet at least once in three months to discharge the following responsibilities:
I. To consider the report in respect of the development programme of the previous year and
the development programme proposed to be undertaken during the current year;
ii. To mobilize voluntary labour and contribution in kind and cash for the community welfare
programmes;
iii. To identify beneficiaries for the implementation of development schemes pertaining to the
villages; and
iv. To promote unity and harmony among all sections of the society in the villages.
These are all very important functions and if discharged seriously will endow the people of
the villages with authority in their own affairs. But as per the Act the population of the area
of the Gaon Sabha shall be between 6000 and 10,000. So the number of members (who are
the adult persons and voters in the general election) will be quite large and residentially
scattered over a relatively large area given the density of population of Assam. To ensure
their effective participation will not be an easy task. Moreover, in an unequal society it is
difficult for members belonging to disadvantaged sections to speak without fear in such a
meeting. The day may be carried by the vested interests in the midst of chaos or the whole
exercise may become eyewash to give seal of popular verdict on what has already been done.
Still the experiment of direct democracy in the form of Gaon Sabha is undoubtedly
worthwhile. Only movements must be organized to make the masses aware of their rights and
to protect them from the onslaught of the dominant vested interest and corrupt elements
C. Gaon Panchayat
The State Government may declare a village or a cluster of villages or an inhabited area
having population between 6000 and 10,000 as a Gaon Panchayat.
A Gaon Panchayat is a body of corporate. The Panchayat body shall consist of 10 members
directly elected by the voters of the territorial constituencies and the President of the Gaon
Panchayat who shall also be directly elected. A Vice-President shall be elected from and by
the members in the first meeting to be called by the Deputy Commissioner or an Officer
authorized by him.
The Gaon Panchayat is required to meet at least once in two months. In addition, it is to work
through 3 standing committees namely Development Committee, Social Justice Committee
and Social Welfare Committee. Important general functions of the Gaon Panchayat are:
(i) Preparation of Annual Plan for development of the Gaon Panchayat area;
(iv) Organizing voluntary labour and contribution for community work; and
Schools;
The fund of the Gaon Panchayat consists largely of contributions and grants from the Central
and State Governments and higher Panchayat bodies. But it has also power to levy taxes,
tolls, rates and fees. For example, it may impose tax on sale of goods like firewood and
thatch, private hat private fisheries, fallow cultivable land etc. It can also realize cess or fees
on registration of cattle sold, license for tea stall, hotel, cart, bicycle and boat. The Gaon
Panchayat is entitled to get share of land revenue and local rates etc from the State
Government.
It is easy to see power of taxation and potential revenue of the Panchayat is extremely
limited. If a Panchayat has to mobilize local resources to a significant extent it will have to
stress on the voluntary contribution from the better off sections of the villages. That is a
tough task which almost all Panchayats tend to avoid. Consequently self-reliance and
autonomy continue to elude them. Moreover, in spite of large potential area of activities the
endeavour of Panchayat remains restricted to an extremely narrow area because of lack of
resources.
D. Anchalik Panchayat
According to the Act, for each Development Block there will be an Anchalik Panchayat
which will be a body of corporate. The Anchalik Panchayat will consist of:
a) One member from each Gaon Panchayat to be directly elected from the territorial
constituency of the Gaon Panchayat under the Anchalik Panchayat;
b) The President of the Gaon Panchayats under the Anchalik Panchayat; and
The directly elected members shall elect from amongst the members, President and Vice-
President of the Anchalik Panchayat. Anchalik Panchayat shall hold meeting at least once in
two months. For discharging its functions each Anchalik Panchayat shall have three Standing
Committees namely General Standing Committee, Finance, Audit and Planning Committee
and Social Justice Committee. The general functions of Anchalik Panchayat are as follows:
b) Consideration and consolidation of the Annual Plans of all Gaon Panchayats under it and
submission of consolidated Plan to the Zilla Parishad;
c) Preparation of Annual Budget of the Anchalik Panchayat and submission to Zilla Parishad
for approval;
The Anchalik Panchayat shall identify and implement agricultural schemes of amounts not
exceeding Rs.2, 00,000 (four times that allowed to a Gaon Panchayat) and not below Rs.50,
000 for agricultural development of the Anchalik Panchayat area with technical assistance
from the concerned State Government Department. It has wider scope of functioning and
greater authority in rural development works than the Gaon Panchayat as it is the superior
body. Some of the important areas of functions of the Anchalik Panchayat are as follows:
10. Construction and maintenance of public roads and maintenance of public ferries and
waterways;
14. Promotion of programmes relating to the development of women and children; and
15. Monitoring the old age and pensions of widow and handicapped.
The fund of the Anchalik Panchayat mainly consists of grants made by the Central and
State Governments and share of land revenue. It may also receive contribution and grant
made by the Zilla Parishad and raise loans. An Anchalik Parishad has also tax-raising power.
It can levy surcharge on land revenue at the rate of two paisa per rupee, tax on profession,
trade, manufacture and production; levy fee for cinema hall, brick kiln, saw mill, rice mill,
confectionary and bakery, private fisheries etc.
In addition it can levy toll at any toll bar established by it on road or in respect of ferry under
its management. It may levy a cess or water rate for recovery of cost of minor irrigation
works. An Anchalik Panchayat may borrow money from the Government or from banks and
other financial institutions with previous permission of the State Government.
The State Government shall appoint the Executive Officer of Anchalik Panchayat who shall
be the ex-officio Secretary. Other staff will be either appointed or deputed by the State
Government.
Anchalik Panchayat is expected to play the main role in rural development. But again its tax-
raising powers are extremely limited. Its success will depend on the corporation received by
it from the Block Development Office and loyalty of its own staff who would happen to be
government employees. If the Block Development Officer is appointed the Executive Officer
of the Anchalik Parishad it may facilitate coordination of activities but it may also tighten
bureaucratic control. It is also doubtful whether an Anchalik Panchayat will be able to
perform activities expected of it or infrastructural and social development if technical and
financial support does not reach it on time as its own organizational set up and its fund may
be meager.
E. Zilla Parishad
For every district there shall be a Zilla Parishad having jurisdiction over the rural areas of the
district. The Zilla Parishad shall consist of:
I. The members directly elected from the territorial constituencies of the district (one member
for a population of not less than 40,000);
The term of the Zilla Parishad is 5 years. President and Vice-President shall be elected from
amongst the directly elected members in the first meeting of the Zilla Parishad to be called by
the Deputy Commissioner. Every Zilla Parishad shall hold meetings at least once in every
three months. The Zilla Parishad shall have four standing committees namely General
Standing Committee, Finance and Audit Committee, Social Justice Committee and Planning
and Development Committee.
The Government shall appoint an Officer not below the rank of Additional Deputy
Commissioner of a district as Chief Executive Officer (Ex-officio Secretary). Chief Accounts
Officer and Chief Planning Officer are also to be appointed by the Government.
The Zilla Parishad is to prepare plans for economic development and social justice of the
rural areas of the district under its jurisdiction. It has also to ensure the coordinated
implementation of such plan. Being the nodal agency of rural development in a district the
Zilla Parishad is concerned with all the aspects such as planning, coordination,
implementation, supervision and resource allocation. Some of the important functions of the
Zilla Parishad are as follows:
i. Opening and maintenance of agricultural farms and marketing agencies and infrastructure;
Panchayat institutions;
vii. Development of regulated markets and grading and quality control of agricultural
products;
viii. Establishment of veterinary hospitals, dispensaries, breeding farms for cows and pigs,
firms for poultry, duck and goat;
ix. Promotion of social and farm forestry;
xi. Identification of traditional skills in household industries, assistance of their raw material
requirement, development of new designs, organization of training programmes, credit-link
establishment and marketing of finished products;
xii. Construction and maintenance of roads other than National and State Highways;
xiii. Establishment and maintenance of hospitals, primary health centers and dispensaries;
xvii. Maintenance of social welfare institutions such as Poor Home, Orphanages, Rescue
Shelters etc; and
xviii. Sanctioning and distribution of pension for widows, old, physically disabled, destitute
etc.
The Zilla Parishad fund mainly consists of the amount transferred from the consolidated fund
of the State Government and contribution and grants from the government. The power of
taxation is very limited. It can levy tolls on ferries, collect registration fees of boats and
vehicles, realize lighting rate, water rate etc where the services are provided by it. It can raise
loan with government approval for executing any development work.
The Zilla Parishad shall always be under the tight grip of the State Government as per
provisions of the Act. The annual budget of the Zilla Parishad would become effective only if
approved by the State Government. At every step the activities of the Zilla Parishad are likely
to be controlled by the authorities in the State capital and the arrangement is far from the
ideal of democratic decentralization. In a State like Assam where different linguistic, ethnic
and religious groups’ live side by side and where separatist tendencies are open much of the
problems could be contained if Zilla Parishad could be developed as vigorous institutions
representing local autonomy and fulfilling local aspirations for development.
CONCLUSIONS
The foregoing analysis goes to show that not much can be expected from the Constitutional
Provisions and State Panchayat Acts in a polity where tendency towards centralization and
reluctance to delegate real power to lower-level governments are evident. Rural self-
government, self-reliance and community development are difficult goals to be achieved in
the existing milieu. As Amlan Datta (2000) remarks, “People’s will and capacity for
cooperation and self-help suffer a steady erosion; the funds sanctioned by the government do
not reach their destination, corruption and leakages develop all along the way; competition
for misappropriation of funds breads unholy alliances as well as factionalism”. Thus it is
evident that mere passing of Panchayat Acts and even creation of Panchayat bodies do not
guarantee political and economic rights to the masses in the rural areas.
Some Gandhians tried to float the idea of party-less democracy at the village Panchayat level.
According to them if village development is free from the tangle of party politics good results
may be expected. There has been almost no taker of this idea in the political establishment.
Alternatively social thinkers like Amlan Datta have proposed to build up a chain of voluntary
institutions working on the basis of consensus and cooperation among the people. Datta calls
it the new model of democracy and he has given the examples of work done under the
leadership of Tarun Bharat Sangh in Alwar and Gandhi Parishad in Bankura.
It is undoubtedly true that non-government organizations may assume very important role in
village development. But to what extent the power-hungry ‘representatives of the people’ will
tolerate a parallel seat of power (which is definitely to grow out of good work) in their areas
is a matter to ponder over. However, one should not give up hope and should continue to
strive at attaining the ideal.
The real remedy lies in making the villages not only more educated and conscious of their
rights but also more communitarian in ideal. It is true that there is bound to be some clash
between the down-trodden and the vested interest in villages. But there is also some scope for
cooperation between people in different strata. In the final analysis development is not a zero-
sum game. Mutual cooperation may serve the self-interest better than selfish actions.
Lastly it should be recommended that Panchayats (even if rightly organized) constitute only
one leg of rural development. The other leg is definitely a network of cooperative institutions
and non-government organizations dedicated to the ideal of community development.
BIBLIOGRAPHY
The main information base of the present paper has been provided by N.C.
Barman (1994): The Assam Panchayat Act, 1994, Assam Law House, Guwahati.
Information received from the General Section of the Office of Mahakuma Parishad, Silchar,
Assam, in an interview on 21.06.2000.
A.N. Bose (1995): “In Quest of an Alternative Development Strategy” in B.J. Deb (eds.),
Regional Development in North East India: Issues and Prospects, Reliance Publishing House,
New Delhi.
J.B. Ganguly (1996): Sustainable Human Development in the North Eastern Region of India,
Regency Publications, New Delhi.
Arun Ghosh (1992): Planning in India, Sage Publications India Ltd., New Delhi.
Amlan Datta (2000): “One World”, The Statesman, June 15-17 (A series of three features
article published in the daily news paper).
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