MZP & PS ACT 1961 Important Provisions - PowerPoint Presentation

Slide1

MZP

& PS ACT

1961

Important ProvisionsSlide2

Topics to be covered

1.Panchayat Raj System

2.Structure and Functions of

Zilla

Parishads

3.Role of

Zilla

Parishads

in Rural Development Slide3

The

Zilla

Parishads being corporate body, - has perpetual succession, -has a common seal with power to hold, and dispose of property, and - enter in to contract in its corporate name.

Panchayati

Raj System Slide4

The activities of the

Zilla

Parishads and the Panchayat Samitis are

governed by the Maharashtra

Zilla Parishads and Panchayats Samitis Act,1961. This act ,1- to provide for establishment of rural areas of Z.P. and Panchayat Samitis,2- to assign to them local government functions,3- to entrust the execution of certain work and developmental scheme of the state Five Year Plan to such bodies, and

Panchayati

Raj System Slide5

T

he activities of the

Zilla

Parishads and the Panchayat Samitis are governed by the Maharashtra

Zilla

Parishads and Panchayat Samitis Act,1961. This act,4 -to provide for the decentralization of powers and functions under certain enactments to these local bodies,5- for the purpose of promoting the development of democratic institutions , and5- Securing a greater measure of participation of people in the said Plans and in the local and Governmental affairs The Act, came into force from 1st May 1962. Panchayati Raj System Slide6

Reservation to SCs and STs as defined in sec.2(29) and

2(30) resp. of the Z.P. Act. on the Z.P./P.S. and its

committees.

1-Reservation to the Backward Classes and Women in the services of Z.P.,2-Allocation of resources for the Welfare of Backward Classes,

3-Relaxations and concessions to Backward Classes

Up and Downs in Z.P Adm. during period 1962 to 1993 Maharashtra Slide7

Downs-

No regular elections

Powers were withdrawn from time to time

DPDC were formed No constitutional status to Local bodies

Up and Downs in Z.P Adm. during period 1962 to 1993 Maharashtra Slide8

1-Constitution of Gram

Sabha

in every Village

panchayat2-Direct elections to all seats at all level3-Reservation of seats for SC/ST/OBC in proportion to their population for members of PRIs and office of the Chairperson in Panchayats at all level

4-Reservation of seats not less then 1/3 of seats for Women

Salient features of 73rd Constitutional Amendment Slide9

5-fixing tenure of 5 years for

Panchayats

and holding elections with a period of 6 month in the event of supersession of any Panchayats 6-Constitution of State Election Commission at State level7-Constitution of State Finance Commission at State level8-Transfer of 29 subjects to PRIs enlisted under 11

th

Schedule9-The States having population less then 20 lac. will have no intermediate Panchayats Salient features of 73rd Constitutional Amendment Slide10

Effects of 73

rd

Amendment on PRIs-

-Imparted certainty-continuity-strength to PRIs

Salient features of 73

rd Constitutional Amendment Slide11

Authorities of ZP-

1-Zilla

Parishads

. 2-Panchayat Samitis.3-Standing committee4-Subject Committee

Various Authorities under

Zilla Parishads (sec.7)Slide12

Authorities of ZP-

5-Presiding Authorities

6-Chief Executive Officer/Additional CEO

7-Executive Officer , and 8-Block Development OfficerVarious Authorities under

Zilla

Parishads (sec.7)Slide13

Presiding Authorities of

Zilla

Parishads are-1-The President2-The Vice-president3-The Chairmen's of subject Committee4-The Chairman of PS

5-The Vice-Chairman of PS

Various Authorities under Zilla Parishads (sec.7)Slide14

Constitution of

Zilla

Parishad-(sec.9)1- Councilors directly elected to Z.P.2- Chairman of all Panchayat

Samitis

in the District as a ex-officio Councilors3- In the District not more than 75 and not less than 50 Councilors.4-Term of office of councilors is five year(sec 10(2)Structure of Zilla ParishadSlide15

President and Vice-President of the

Zilla

Parishad-1- A President who is elected by the Parishad from amongst its elected councilors ,2-also Z.P. to elect one of its councilor as a Vice-President of the

Parishad

3- The President and Vice-President to hold office for the term of two and half Year.Structure of Zilla ParishadSlide16

Constitutions of Committees of Z.P.(79&80)

1- In order to ensure an adequate

defacto

disposal of democratic authorities of ZP, MZP &PS Act,1961 provides for committee form of governance even though the ZP has an elected President and Vice-President.2-It works through a set of following committees-Structure of Zilla

ParishadSlide17

GENERAL

BODY

Water management & Sanitation committee

Education Committee

Animal Husbandry Committee

Health Committee

President

Chairman

Chairman

Chairman

Chairman

Chairman

Standing Committee

Finance Committee

Agriculture Committee

Works Committee

Social Welfare Committee

Women & Child Welfare Committee

Subject Committees Slide18

Various committees under

Zilla

Parishad—Sec.78 ,79A and 801- Standing Committee2-Finance committees

3-Works Committee

4- Agriculture committee5-Social Welfare committeeStructure of Zilla ParishadSlide19

Various committees under

Zilla

Parishad-6-Education committee7-Health Committee8- Animal Husbandry and Dairy committee

9- women &Child dev. Committee

10-Water Conservation and Sanitation CommitteeStructure of Zilla ParishadSlide20

Administrative Control

Deptt

. Secretaries

Divisional Commissioner

Chief Executive Officer

Collector

H.O.D.

B.D.O.

Block level Officers

Administrative StaffSlide21

Administrative Setup

Chief Executive Officer

Addl.C.E.O

Works

Depts. ( South / North )

Agri. Depts.

S.W.

Depts.

A. H.

Depts.

M.I.D

GSDA

R.W.S

Health

I.C.D.S

Finance

Education

(Sec.)

G.A.D

V.P.T

TSC

Education

(

Pri

.)Slide22

Department/Headed by item:-

1)General Adm.

Deptt

.- - - CEO2)Finance Deptt. - - - CAFO3)Agriculture Deptt

. - - - ADO

4)Education Deptt. - - - EO5)Work Deptt. - - - EE6)Health Deptt. - - - DHOStructure of Zilla ParishadSlide23

Department/Headed by item

7)Social welfare

deptt

. - - - SWO8)Women and child Development - - - W&CDO9)Animal Husbandry Deptt. - - - DAHO

10)Water Supply

Deptt. - - - EE11)Village Panchayat Deptt. - - - Dy. CEOStructure of Zilla ParishadSlide24

The Chief Executive Officer:-

-General Administration Department

-Village Panchayat. -Finance -Health -Education

-Women and child development

-Water Supply Allotment of Subjects between CEO/Add.CEOSlide25

The Additional Chief Executive Officer

:-

-Agriculture -Animal Husbandry -Works -Social Welfare -Minor Irrigation

Allotment of Subjects between CEO/Add.CEOSlide26

The ZP and its committees, P S, office bearers of

these bodies, State Govt. and its officials working for

or under the ZP and PS---

enjoy a wide variety of powers viz. -administrative, -executive, and -financial powers Under the Maharashtra ZP and PS Act,1961

.

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide27

While bestowing these powers, the following Important

factors have been taken in to consideration and

necessary safe-guards , checks and counterchecks have also been provided in the Zilla Parishads Act:-

1- Decentralized power of administration.

2- No concentration of power in one authority.3- Participation of elected persons in policy formation and in decision making.Powers and functions of the ZP/PS their Presiding Authorities and G OSlide28

While be-stowing these powers, the following important

factors have been taken in to consideration and

necessary safe-guards , checks and counterchecks have also been provided in the Zilla Parishads Act:-

4- Co-ordination of activities of committees.

5- Making the funds availability in time for day to day administration of the ZP/PS 6- Objectives of ZP/PS are carried out in the most economical and efficient manner .7- Avoidance of misuse of powers.Powers and functions of the ZP/PS their Presiding Authorities and G OSlide29

1

-Decentralized

pattern of administration-

i-This is achieved by the committee system of governance , on the one hand and,Ii- empowering the Chairman on other ,with administrative and financial power in respect of subjects allotted to them.

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide30

2- No concentration of powers in one authority

I -The powers of sanction of works and development schemes,

acceptance of tenders, and contracts etc. have been distributed to various authorities in an ascending order order (sec.125 and 126 )

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide31

2- No concentration of powers in one authority:-

ii-powers of re-appropriation of fund (Sec.138)

iii-powers of acquisition of or disposal of the property (Sec.128) have been distributed to various authorities and certain financial limits have also been laid down by the state Govt.

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide32

3-Participation of elected persons in policy formation and in decision making:-

i-This is achieved by providing a committee system of governance,

ii-To ensure faithful implementation of policies laid down and decision taking by elected representatives at various levels.

iii-Necessary provisions have been made in the act.

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide33

4-Co-ordination of activities of the Committees:

i-The Standing Committee is a superior body of the ZP,

ii-It has its capacity to review the progress of all activities of ZP,

Iii-inspect and supervise development works ,schemes and institutions under the ZP, irrespective of their cont

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide34

4-Co-ordination of activities of the Committees:

iv- and management by the concerned subject committees.

v- The president of ZP is made an ex-officio Chairman of Standing Committee.

vi- thus co-ordination of all activities of the committees has been achieved by bestowing certain powers and functions on the President and Standing Committee.

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide35

5-Making the funds available in time for day to day administration of the ZP/PS:-

I -The ZP/PS are required to pass their Budget estimates at least by 27

th

March every year , ii-it is also incumbent on the ZP not to make a deficit budget.Iii- to make provision first for incomplete work and then provision for new work

Iv-This has restricted the power of the ZP to frame their budget within the available resources and avoid unnecessary expenditure being provided in the Budget Estimates

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide36

6- Objectives of the ZP/PS are carried out in the most economical and efficient manner:-

i

-This has been achieved by constitution of Finance Committee,

Ii- it has been empowered to scrutinize the annual Budget Estimate, and income and expenditure of ZP/PS,Iii- to tender advice to these bodies,

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide37

6- Objectives of the ZP/PS are carried out in the most economical and efficient manner:-

Iv-The Commissioner has been empowered –

-- to prevent extravagance in establishment ,and

-- any expenditure on any work , or -- development scheme is wasteful , or -- not in the public interest.

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide38

7-Avoidance of misuse of powers:-

i

-The Standing Committee has been over-riding powers to avoid misuse of powers by any Committee

Ii-The Standing Committee has been given certain extraordinary powers of functional or service nature.Iii-The Committees of ZP and the ZP have over riding powers to amend or annual directions made the President under emergency power u/s 54(2)Iv-Any action taken by the ZP or Standing committee or the appropriate Subject Committee u/s 54(4) is subject to the control of the Commissioner u/s 267(A) of the Act

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide39

7-Avoidance of misuse of powers:-

V-The provision of this section empowers the Commissioner to-

- suspend execution of any order ,or -resolution, or -prohibit the doing of any act by the ZP, or its Committees, or PS which, in his opinion –in unlawful ,or in consistent with the instructions, or directions given, or issued by the State Govt. u/s (1) of Section 261.

Powers and functions of the ZP/PS their Presiding Authorities and G OSlide40

7-Avoidance of misuse of powers:-

Vi-The PS also enjoy power to-

- revise, or modify any decision

taken by---- - the Chairman, or - Deputy Chairman, or - Block Development Officer, or

- any officer, or

- servant working under Block. Powers and functions of the ZP/PS their Presiding Authorities and G OSlide41

1-To development local leader-ship

2-Planning and implementation of rural development schemes

3-To create awareness among rural people and to ensure their participate in various Govt. programmers

4-To ensure the welfare of Schedule Castes and Schedule Tribes in the District.Role of PRIs in rural Development Slide42

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