Mohinder Verma
JAMMU, May 30: Report of a committee constituted to recommend amendments to the Jammu and Kashmir Panchayati Raj Act, 1989 is being placed before the State Cabinet tomorrow morning and if the consensus emerged among the Coalition partners the same will be accepted.
Authoritative sources told EXCELSIOR that Department of Rural Development and Panchayati Raj is placing before Cabinet the report of a committee headed by the Commissioner Secretary, Rural Development Department and comprising Secretary, Law, Justice and Parliamentary Affairs, Special Secretary and Additional Secretary, Department of Rural Development and Panchayati Raj and Directors of Rural Development, Kashmir and Jammu, which was constituted following voices from various quarters to strengthen the J&K Panchayati Raj Act and bring it in consonance with the 73rd Amendment Act of the Constitution of India.
The committee submitted its report to the Department of Rural Development on March 7, 2013 and now the same is being placed before the Cabinet with certain changes carried out on the directions of the Chief Minister, Omar Abdullah.
Quoting the report, sources said that committee has recommended that Chairperson of Block Development Councils should be elected from amongst the Panchs and Sarpanchs of that particular block. However, the Chief Minister has desired that the election of the Chairpersons of BDCs should be only from amongst the Sarpanchs.
“The committee has recommended that the term of BDC and District Planning and Development Board should be co-terminus with that of Halqa Panchayat”, sources added.
About the Chairman of District Planning and Development Board, sources said, “the committee has proposed that the present form whereby the Chairman of the DPDB is nominated by the Government should not be changed. However, it has mentioned that Chief Secretary has recommended that both Chairman and Vice-Chairman of the Board should be elected from amongst the members of the board”.
About the reservation at all three tiers as recommended under the 73rd Amendment, the report said, “the reservation should be extended to all the three tiers of Panchayats. However, regarding reservation to OBC and Pahari speaking people suitable amendments can be made to the Act as and when the Government categories them for reservation”.
Regarding the recommendations from various quarters that for removal of Sarpanch a provision shall be kept for requirement of confirmation of the Government by a Cabinet decision, the Committee said, “the present method of removal is independent of Government interference and empowers the Panchayats to take their own decisions as such the same should not be infringed”.
Similarly, the committee has opposed the suggestions that supersession of Halqa Panchayat should not take place through Panchayat Advisory Council and instead there should be a Cabinet decision for the same.
“There has already been enough Government presence in the Advisory Council, which comprises of Financial Commissioner (Revenue), Deputy Commissioner of the concerned district, Registrar Cooperative Society and Deputy Commissioner (Central) with the Financial Commissioner Revenue. Moreover, PAC is advisory in nature and will further recommend the proposal to the Department of Rural Development and Panchayati Raj”, the committee said, adding “deleting PAC and going in for a Cabinet decision will further complicate the possible issue”.
The committee has also recommended that members of Panchayati Adalat and Vice-Chairman of BDC may be given sitting fees while Chairman BDC and Chairman DPDB shall be entitled to monthly honorarium as prescribed by the Government.
It has given nod to the audit of Panchayats by CAG along with Director Local Fund and Pensions, which have been entrusted with the function instead of Chartered Accountant as per one of the mandatory conditions for receiving the Performance Grant under 13th Finance Commission
The committee has recommended increase in the financial powers to various levels of Panchayats, assigning of registration of educated unemployed youth in the villages and registration of labour/job cards under MGNREGA to the Panchayats. However, it has opposed constitution of separate Finance Commission for PRIs on the ground that this would amount to putting additional burden on the State exchequer.
Follow our WhatsApp channel