GOVERNMENT OF MEGHALAY A, POLTLICAL DEPARTMENT No.PoLa9/2004/P-IISs, mg. the Detober, R9/2004/P¢ 01S lss, Dated Shillong, the 12 October, 2015 Peon m > SBI. Khonssie, Hinder Secretary to the Gave of Meghalaya The Chief Executive Member, KHADCJHADC:GHAD. Leader of Opposition, KHADCJHADC/GHADC The President/Representative 4 Dr/Smui/Shri. Subject s Draft Bill on the Meghalaya.Grassroot Institutions Governance Act, 2015. sir, am directed to refer to the subject above and to forward herewith a copy of the Drati Bill on the Meghalaya Grassroot Institutions Governance Act. 2015 for kind information, The Bill ts forwarded to enable you to prepare for the discussion in the meeting of the Committee to work cut modalities on Institutionalisation of Traditional Bodies headed by the Chief Adviser to the Government to be held on 16-10-2015 at 3:00 P.M in the Conference Room, Main Secretariat. Yours faithfully, Under Secretary to ie Collen of Meghalaya <$ Political Department Memo No.Pol.89/2004/Pt-II/55-A, Dated Shillong, the 12" October, 2015 Copy to:- | . ° P.S. to Chief Minister of Meghalaya for kind information of Chief Minister. P.S. to Chief Adviser to the Government for kind information of Chief Adviser. P.S. to Chief Secretary for kind information of Chief Secretary. Commissioner & Secretary (JL/FK), District Council Affairs Department. (Copy of the Draft Bill enclosed). eRe By order etc, Under Secretary to the —_ of Meghalaya Political DepartmentProposed Draft Bil Bill to he called (The MeghalayaGrassroot Institutions Governance Act 2015") the Preamble WHEREAS unde empowered take TU para 5 of the 7” Schedule to the Constitution of India, the State Gost is Poh rea lass with Feypeet to any matter related 10 Loca} Government, the constitution and “and otter lan cipal Corporations, improvement trusts, district boards, mining settlement authorities al authorities for the purpose of local self government or village administration ; AN “ , ANDin order to provide for a uniform village! locality’ community level grassroot system of governance in all (he Districts of the State of Meghalaya AND in order that such a system of grassroot system of governance conforms to without infringing upon the fundamentals of existing concepts of Traditional Practices and customary forms of local self government.is based on prevailing and well established social customs and practices. and on the Principle of cyalitarianism and consensus decision making; AND to provide for a village administration that will reflect all aspects of good governance if which priority will be given to Democratic principles of peoples representation, the supremacy of The Rule of law, judicious use and management of resources for the development and well being of the community, paradigms of community participation in decision making, inclusion of women in such decision making, transparency and accountability in such decisions; *Now, therefore, in exercise of the powers envisaged under Article (196, the Constitution it is hereby enacted by the Government of Meghalaya in the Republic of India as follows: Chapter I 1. Short Title, Extent and Commencement: - 1. This Act may be called (‘The Meghalaya Grassroot Institutions Governance Act 2015") 2. It extends to the whole of the state of Meghalaya. 3. It shall come into force with effect from the date of its publication in the Official Gazette of Meghalaya. 2, Definitions: In this Act, unless the context otherwise requires or there is anything repugnant in the subject — “State ” means the State of Meghalaya “Village Council ” means a Village Council established under this Act; “Sub Village Council” means a subordinate part or locality of avillage council and has a distinc identity within that village only. * Portions where gaps occurred will be filled in by Legal experts in the Law Department.\Viilage” means 2 human habitation specified by the Govemor hy public notification to be a village Jocaliy” means a human habitation specified by the Govemor by pubhe notification (© Be a locality within an urban area * General Body" means the General Body of the Village Counet)_ as applicable under this Act which shill Consist of afl adull members of 18 years und above of the village, t \ccutive Body" means the hxecutive Body of the Village Council as applicable under this Act President’ means the President of the Village Council or the Headman or the RanybahShnong Sardarshnong, RangbahChnong as the case maybe Headman” for the purpose of this Act means and includes a RangbahShnong, 2 SordarShnong or a MiyntriShnong or a MataborShnong or a Nokma or a Headman of the normal areas of Shillong as the case may be, and as duly elected and appointed under the law for the time being enforced. Deputy Commissioner” means the Deputy Commissioner in respect to a district “District” means and includes all of the existing (| !)districts of Meghalaya, namely. East Khas: Hills, West Khasi Hills, South West Khasi Hills, RiBhoi District; East Jaintiariills, West Jaintia Hills, South Garo Hills, East Garo Hills, West Garo Hills, North Garo Hills and South West Garo Hills district and any new districts of the state as and when they come into existence “District Council” means all the three Autonomous District Couneils in the state of Meghalaya ~ BDO” means the Block Development Officer in respect to a development Block in the state “Financial Year” means the year commencing on the 1" day of April of each calendar year and ending on the 31" day of March of the next succeeding year; *Household” means a group of persons consisting of parents, children and grandchildren living in one family as a unit; “Gram Sevak Circle” means the administrative division under the Community Development Block level as finds mention in this Act. “Urban Cluster Circle” means the urbanadministrative division level as finds mention in this Act. “Supervisor” means the person so appointed to supervise and monitor activities under this Act from Block’ MUDA level downwards. “Block Coordination Committee” means a Block Coordination Committee notified under this Act “Consolidated Cluster Development Agency (CCDA)”, means a Consolidated Cluster Developmen Agency (CCDA) notified under this Act. “The meaning within the ambit of the Law will be further determined by legal experts in the La Department.“MUD A Coordination Committee* Means a MUDA Coos “ommit ee ne ‘ordination Committee notified under this Act 5 ing and Impl ommittee in re Implementation Committee” tee in respect ofa District under 4 mite means a District Planning and Implementation his Act; “Rules” mean the Rules ma the provisions of this s! n tiles made under the provisions of this Act Chapter 11 Onstitution and Composition of a lage Council (VC) and Sub Village Council (SVC):~ (in order oe erassromt Noe introduce and establish a decentralized, participative and inclusive system of Political cence that is in tune with the demands of the times, the State Govemment, shall by iintrcte ate ie a Village Council in each village / urban locality of the state, In areas and cnown as D. ¢ DorbarShnong/Chnong system exists and operates, the Village Council will be as DorbarShnong/Chnong as the case maybe. In Garo Hills it will be known as the - a ind in the normal areas of Shillong it shall be known as ~ Gi)Provided in large villages / urban localities and in order to further decentralize srassrootadministration and governance at the local level, a Village Council maybe further divided into ub village councils. In areas where the Dorbar Dong system already exists and operates, the sub ‘illage council will be known as such. In Garo Hills it will be known as the ~~ - and in the ‘ormal areas of Shillong it shall be known as —-~ (iiiComposition, structure, functions together with duties and responsibilities of the Sub ‘ilage Council will be the same as that of the Village Council, though for the sake of effective Iministration, each Sub Village Council will fall under the general supervision, direction and Iministrative control of its respective Village Council. Each Village Council shall have two Bodies to be known as the Village Couneil General Body d the Village Couneil Executive Body respectively. The Village Council shall be represented by all ult (both men and women above the age of 18) members of the village/locality. Provided that in view of | (iii) above, both the Village Council as welt as its respective Sub Hage Councils will have the same General Body () The General Body shall by direct election, elect the President,other Office Bearers and ‘embers of the Executive Body for both Village council as well as Sub Village Councilfor a term of ree years from the date of such election. (i) In order to uphold and continue with Traditional Customary Practices, the elections to the -xecutive Body of all Village Councils and Sub Village Councils shall be through partyless elections. In Keeping with prevailing customary practices the office of the President of the Village souncil and the Sub Village Council in all 6” Schedule areas of Meghalaya shall always be held by at ndigenous person Conducting these elections via secret ballot shall not be a deterrent to the above intention. 3Each Village Council shail be a body corporate by its name having perpetual succession and nmon seal with the power to hold such property, asset(s) and capital as may be permitted by the te Government and may sue and be sued in its name. It shall be competent to enter into contracts J doing all such things which are necessary, proper and expedient for the purpose for which it is astituted. Composition and Duties of General Body (GB)for Village Council: The Village Council General Body (GB) shall be represented by all adult members (both men d women above the age of 18) of the village/urban locality. In no case however, shall the sresentation of a female member be substituted or replaced by a male member or vice versa, either of + same household or of any other.household. The GB shall meet at least once @ year. ) Ieshall elect the President, other office bearers and members to the Village Council Executive dy (EB) as well as those to the Sub Village Council ) The General Body (GB) shall be the policy making body ofa Village Council and Sub Village suncil and shall meet at least once every year to plan, formulate,monitor, review and evaluatethe rformance of its Executive Body. ttention of the GB in this regard will be on: ) the status of law and order, peace, tranquility and wellbeing of the whole village/locality. i) establishment, maintenance and serviceability of social infrastructure such as Basic Education, talth Care, sanitation, drinking water, civic governance, power supply, roads and communication of 1¢ village/locality . ii) _ sustainablelivelihoods andincome generating activities for both men and women. ¥)__ Revenue generation for the Village Council ) Planned management of all community resources, human, natural and financial for the timate benefit and development of the whole community. ) Protection of the environment, its eco systems and its biodiversity shall be a priority focus area the GB at all times The meeting of a General Body shall be presided over by the President and in his absence by Vice President. The minutes of the proceedings shall be recorded by the Secretary which shall be fied by the General Body in each successive meeting. It shall be mandatory for the Secretary and in absence the Treasurer, to present at every meeting of the General Body the recorded proceedings the last meeting together with the up-to-date statement of income and expenditure of the ‘age Council. The quorum to constitute a meeting of the General Body shall be one-half of its total number of nbers with at least one-third of the members so present being women. If however, at any time fixed he meeting a quorum is not attained, the presiding authority shall wait for thirty minutes, and even ter that period there is still no quorum, the meeting shall be adjourned to the following day or toaWwW future date as may be fixed but not beyond ot beyond ten wwch adjourned mecting shall require no gunmen (101 days from the date of such adjournment where wm NO Person shail he be elected as Ss owerer be eligibl rarer to the Executive Commitee the Village Council: Sub Village Councst or Mecome ember ihc er she eave " ism or st ay has been consi . ‘ons ieted of any cn offence or ordered fe Section 110 of the Covey Comer a fence or dered to give secunty for good behavior under Or (1) has been fin fr oe spas heen found guilty of an act involving moral turpitude, financial irregulanty, environmental ‘logteal degradation, inciting communal violence and hatred: Or (i) is.a discharged insolvent. Or (19) is nota permanent resident of the Villagefocality 3. Composition of the Executive Body (EB) for Village Council andSub Village Councit:- The General Body so constituted above shall directly elect members to the Executive Body of both the Village Council as well as the Sub Village Council, which shall be as follows: (Four (four) from among its members, to be the President, Vice President, General Secretar and Treasurer for a tenure of 3 (three) years from the date of election, unless such person resigns, die or is removed earlier. The Treasurer of the EB shall be a woman. Provided that in case a women member is not available to hold the post, the village counc can elect anyorte from amongst the members as Treasurer. 6 (six) others from among its members, two of whom should be women, to constitute, togetht Gi) with the four (4) office bearers indicated at (3 (i) above, the Executive Body of the Village Counci Sub Village Council. Provided in the case of a Village Council with Sub Village Councils, the President of ever Sub Village Council will also automatically become a member of the Executive Body of that particula Village Council. ‘The GB shall also authorize the Executive Body to co-opt from the Govt or from reputec Gi) unity in its overall governance if and when i development NGOs resource persons to assist the comm is felt necessary to do so. (iv) _ The President so elected maybe addressed by the Anglisized title of Headman or by any othe: traditional title prevailing (i¢RangbahShnong, Sardarshnong, RangbahChnong,Nokma etc ) as th: case maybe. The Vice President likewise as Assistant Headman, Assistant RangbahShnong, Assistan Sardarshnong, Assistant RangbahChnong, etc ) as the case maybe.4. Powers and Funetions of the Village Council & Sub Village Council: “The Vitlage cy, Sub Village Couneil shall have the powers and authority to enable itself 0 function as an instieneny of local self-government. Subject to such rules as may be prescribed by the Govt from time to ume, he following subjects are devolved upon them:- A. Miscellaneous & General Powers social order, peace and tranquility in the village/ urban locality in 1. To ensure general disciplin cases of intra and inter village affairs 2. To ensure that intoxicants of any kind, especially those that are illegal in nature are discouraged from being cultivated, sold or used within the jurisdiction of the village 3. Inthe case of habitual offenders in the consumption, sale or peddling of intoxicants or drugs, to arbitrate with family members of such offenders and with the assistance of the police andthe Village Defence Party (VDP), to arrange for regular counseling of such errant individuals. 4. To restrict the manufacturing. sale and consumption of health risk drinks and food. 5. To arbitrate and settle disputes arising among the members of the village/urban locality. Provided that no arbitration or mutual settlement is permitted in cases of a heinous nature, rape or child molestation. 6. To promote, encourage, initiateand maintain hygiene and civic consciousness, sanitation, drainage systems and sustainable waste disposal methods within the community\ urban locality. 7. To establish, promote and plan for the creation of parks, playfields and recreational centers for use of the inhabitants of the village/ urban locality. 8. To promote and encourage the survey and digital mapping of all land holdings within its Jurisdiction. 9. To provide protection and care for the village/ urban locality population, and in particular for the children, women and differently enabled persons and any other person or family in difficult circumstances. 10. To protect, care for, demarcate and conserve all community land, community forestlands and other community assets and resources from privatization and to prevent the alienation of land within the community. 11. To ensure that the green signature (preservation of trees, forests, pristine water bodies and lung space) of the Village Council is maintained and preserved as far as possible and carbon emitting activities of all types are curtailed within the jurisdiction of the Village Council/ Sub Village Council. 12. To protect, care, maintain and conserve existing drinking water sources of the village/locality and to manage its equitable use and distribution through participative decision making so as to ensure its enjoyment by all sections of the community irrespective of class or creed.13. To endeavor i 7 to revive old dysfunctional traditional water sources, if any, of the community \4. To protect catchment ofthe Viloge em ates, watersheds and spring shed ares within the tetra jrisdition / Sub Village Council 15. To i Protect water bodies within the jurisdiction of the village and to created fish sanctuaries in Streams and rivers whenever possibie. 16. Te it ° Prevent arbitrary usage of natural water sources and ground water for exclusive personal Purpose and to ensure preservation and usage of all natural water sources and ground water for common sustainable use of the village and its residents. 17. To conserve, protect, promote and encourage community forest management concepts and sacred grove management concepts within the territorial boundaries of the Village Council and to promote the establishment of new forestlands whenever such opportunities arise. 18. In keeping with traditional egalitarian practices to protect and ensure the rights of access to land for sustainable livelihoods practices for the economically poor and landless households within the territorial jurisdiction of the Village Council. 19. It shall be responsible in ensuring that women and youth are active participants and members of the Village Council. 20. To maintain a register of all birth and deaths within the Village Council area. 21. To maintain a population register within the jurisdiction of the Village Council / Sub Village Council where the name of each household and its residents is recorded. No certificate can be issued by the President or any functionary of the Village Council/ Sub Village Council to any individual unless his/her name has been recorded in the register. The serial number of the individual in the village register shall be clearly mentioned in each certificate so issued. 22. the preparation of plans for economic development and social juste within the community. 23. The preparation of plans for the enhancement of the cultural and ecological wellbeing of the 24, To restrict the manufacturing, sale and use of non-biodegradable materials such as low density plastic bags and to ensure proper and scientific disposal of waste, 25. To take up with the authorities concerned (Government, its Department, ADCs ete ) activities and programmes that aim at the betterment and wellbeing of society. B. Fiscal & Financial Powers 1. The Village Council shall have the powers to levy and collect, within its jurisdiction, all or an’ of the following fees at such rate as maybe prescribed by rules on the subject as framed by th District Planning and Coordination Committee (DPC).Provided that Sub Village Councils within any particular Village Counei, mi authorized by the Village Council to collect the same on its behalf.- aybe 2) Fees for maintenance of Primary schools, community centers and recreational centers constructed or transferred to it for maintenance a) __ Fees for the maintenance of roads, footpaths, bridges, water sources, washing ghats and ponds, and land constructed or maintained by it or which maybe transferred to it for maintenance. b) Fees for the use of any resthouse/ guesthouse/ tourist lodge constructed or transferred to the Village Council c) Fees for the maintenance of wells, water tanks, water supply systems, pipelines etc constructed or transferred to the Village Council for maintenance. d) Fees for maintenance of energy and lighting installations within the village. ©) Fees for conducting enhancement, capacity building etc of the community on health, education, ecology, sanitation and other social welfare issues. f) In keeping with existing traditional practices to collect subscription from each household of the village to be used for traditional social bonding exercises relating to death ceremonies, annual social functions etc of the community. Provided that each and every subscription, fee and levy so collected shall be accompanied by a signed receipt of the President or Secretary of the Village Council. . Village Council Fund: The Village Council/ Sub Village Council shall establish and maintain a fund to be known as the Village Council Fund / Sub Village Council Fund. The funds of the Village Council/ Sub Village Council shall be kept in the nearest Nationalized or Rural Bank in the name of the said Village Council/ Sub Village Council and shall be operated jointly by either two of the following ie The President, the General Secretary and the Treasurer of the Executive Body. . ‘There shall be placed to the credit of the Village Council / Sub Village Council thereof:- a) Such contributions from the Central Government or State Government as maybe made to the fund. b) Such contributions from the District Councils as maybe made to the fund. ©) Such contributions from companies, corporations, societies or other public bodies as maybe made to the fund. 4) Any other source of revenue/ income which maybe assigned to the Village Council / Sub Village Council.©) All mone: cy received b: i rules which mayte ets Vilage Council’ Sub Village Counci in accordance with the Prescribed by the District Planning and Coordination Committee under thi ler this Act shall be Credited to the Village Council Fund Provided th: at al fs and income so mene raceeds from fees, collections mentioned above as well as revenue which shall by 'ed he reflected in the annual audit report of each VC/SVC, copies of ¢ made availa Distr Pum male available to the Block/MUDA Coordination Committee as well as the ning and Coordination Committee concerned 3. i i Administration of the Village Council / Sub Village Council fund: wma The District Planning and Coordination Committee shall frame rules for the Ganagement and control ofall Village council / Sub Village Counci funds under its jurisdiction. uch rules shall prescribe the procedure to be followed in respect of documentation and ledgering of all receipts and payment of money into this fund; the withdrawal thereof, its custody and any other matter connected or ancillary to it. 4. Budget of the Village Council / Sub Village Council: a) Each Village Council / Sub Village Council as the case maybe shall annually before the end of cach financial year prepare a budget and submit the same to its respective Block/MUDA Coordination Committee. b) Each Block/MUDA Coordination Committee in turn will then forward the consolidated budgets from all VCs/SVCs under its charge to the concerned District Planning and Coordination Committee for its consideration and approval. Subject to the Rules as may be prescribed in this behalf by the State Govt or the autonomous District Councils, the following shall be the duties and responsibilities of the Village Council and Sub Village Council ; 1, To elect through a meeting of the General Body, the President, other office bearers and members to the Executive Body of the Village Council/ Sub Village Council. 2. To shoulder the role and responsibilities concerning any matters and affairs of the village. 3, To ensure that all inhabitants of the village be given equal treatment and fair share in all respects including welfare and socio-economic development. 4, To draw up, with the help of experts and in coordination with the Block, MUDA and District authorities, @ futuristic planned development of the village/ urban locality. This aspect shall receive topmost priority for support from the Government and its administration.+ maintenance of peace and harmony, registry of houscholds and inhabitan, y of birth and death, registry of all land holdings within the jurisdiction of the vey Promotion of health and sanitation and establishment of relevant infrastructure for the prometien of education and establishment of relevant infrastructure for the same. Ament and maintenance of village infrastructure, introduction of waste management pts and technologies for disposal of waste; promotion and conservation of environment and ecology. protection of water sources and commun) land and forests; enten and management of forest fires, installation of modern and viable markets, Motion of tourism, etc Te assist and provide local information pertaining to the Village as may be required by the District authorities, the State Government, ADC or any other authority from time to time; Can assist and confirm as witness on the Village Council/ Sub Village Council letter head, the purchase and sale of land and other immovable properties within its jurisdiction between two eligible parties, maintain an office register of such transactions and to charge, if so required, processing fees for the above. which should not exceed Rupees 500/- for every such transaction. +73) To issue on receipt of written application, residential certificates, No Objection Certificates and land holding certificates to registered residents of the village/ urban locality in accordance with existing laws, rules and regulations of both State Government and its respective Autonomous District Councils on the subject. (bYTo issue or deny in writing, such certificates within 10 days of receipt of application from the applicant, and in case of denial to give reasons thereof. Processing fees should not exceed Rs 50 for every certificate so issued. 8. To protect the life and property of inhabitants and households of the village and to work closely \with the authorities concerned towards such an objective. 9. To encourage the concept of community policing with the authorities concerned. 10. To establish and maintain community burial and cremation grounds and regulating of burial and cremation therein 11. To remove, in tandem and in consultation with the concemed authorities, encroachments on roads. footpaths, public places and property of the Village Council. We need to deliberate and discuss on this controversial aspect of powers of the Village Council "hy should the onus of determining residential status of a person be on the VC or its office bearers. here needs to be an Act to determine status of a resident of Meghalaya. ( Art I 95) ) The VC is not law making body. The VC is expected to simply carry out and implement laws of the competent whorities, not make laws on its own. Therefore Meghalaya must make laws which determine ana entify as to who are entitled to be issued such certificates. The contention here is that defining the tmus of permanent residency or not of a person shall be as per existing laws prevailingan 7 3 Socio-economic development programmes implemented by the ficiaries. To protect os Protect the interest oF the residents of the village at all times, 14. To ensure tha sure that the registra “ *eutstration of all tenants, laborers and outsiders is made compulsory i3.To en organi ac maneia accountability of the Executive Body and village-based voluntary satio o organize at y Inhab tart of the geen ar eMEOUTAE Social auditing trough active participation of al 16 a ing vil fe Coordinate with neighbouring and adjoining villages in the protection of rivers and streams ‘om pollution and from destructive practices like dynamiting, poisoning, etc of fishes and other aquatic life forms. '7 To coordinate with neighbouring and adjoining villages in the protection of both privately ‘owned and community owned forests of the area, especially from man made forest fires. 18. To ensure that all decisions and orders passed by the Village Council are made known to all by public announcement, public notices pasted in the market place or through the PA system of the village 19. To bring any matters concerning acts of violence against any inhabitants or households of the village to the notice of the Deputy Commissioner of the district and the Police. 20. To bring to the notice of the authorities concerned, when there is justifiable apprehension to do 50, of the existence of potential danger, natural or manmade, that threatens the life and property of the village 21, The Village Council / Sub Village Council and its functionaries will at all times, without exception, be guided in their actions by the Rule of Law. This basically means that all their official acts shall be guided and determined by the Law of the Land. 22. Any other function and powers as may be delegated by the District authority or Govt from time to time. 6. Probibitions for the Village Council / Sub Village Council :- The Village Council / Sub Village Councit, its President and its functionaries shall not in any form or in manner arbitrarily decide or act or impose or condone or incite any of the followings:- a. Arbitrarily expel any inhabitants or households from the village. ». Encourage, initiate, comply or condone with any kinds of injustice or destruction of property ot acts of violence against inhabitants or households on basis of rumors or allegations. & Condone, encourage or foster allegations or rumors of witchcraft, sorcery andor any practice of black magic against any person/persons, any individual/individual i households of the village or of any other village. S Inhabitants or ilGE ypel or sause inyustice against any inhabitants or households ot the v lage solely on the basis, of difference of political affiliations or difference of faiths or differences of opinions and practices Allow iiny kinds of allegations and haseless rumors to spiral out of control, to cause unrest and. disquite Among inhabitants or households of the village (Cundone ot comply with any kinds of violent acts that may cause harm or logs of life of any inhabrianty or households of the village. ~ 7. Comporition and Duties of Village Council / Sub Village Council, Executive Body:-The Exccubve Body of the Village Council / Sub Village Council shall consist of the Preside President, General Secretary, Treasurer and six other members to be directly elected by the ody as provided for in this Act, unless such person dies, resigns or is removed earlier. However, one- third of such members including the Treasurer shall be women. Provided however that in the case of a Village Council comprising of Sub Village Councils, the number of executive members shall also include the Presidents of all Sub Village Councils under that particular Village Council a) The F ecutive Body shall carry out the policies and directives of the General Body. b) The General Secretary of the Executive Body shall be the custodian of its common seal, assets, all records and accounts. He shall maintain the accounts and record the proceedings of ‘all the Executive Body meetings and the actions taken on each resolution as well as prepare the income and expenditure statement, details of Bank Account and cash in hand if any of the Village Council. ©) The proceedings of the Executive Body meetings and its resolutions shall be truthfully deduced to writing by the General Secretary who shall present the proceedings for confirmation in the next EB meeting together with the latest statement on income and expenditure of the VC/ SVC. The confirmed resolutions and proceedings of each meeting of the Executive Body shall be signed by all members of the Executive Body present. Provided that in order to enhance, improve and upgrade the administrative and secretarial skills of the Executive Body. it shall be mandatory for all members of the Executive Body, on their being elected, to undergo basic training on (a) on how to conduct and manage Meetings (¢) basic financial management skills (maintenance of cash book, procurement and retention of receipts/vouchers ete etc), Every EB will have to complete such training within 3 months of its election, ; 4) The Executive Body shall at the beginning of the financial year prepare and Work Plan and Budget to the General Body for its consideration tnd approval, Thea ay approval by the GB, theGeneral Secretary shall under the signature of the President, forward the same: (i) In the case of rural VCs through the Block Coordination Committeeconcerned t the District Supervisory and Co-ordination Commitee for its final approval and sanction {i) in the ease of urban VCs through the MUDACoordination Committeeconcemed to the Dhowa Supervisory and Co-ordination Committee for its final approval and sanction, The Annual 12Work Plan and Budget ; the Executive Bo dy 88 approved by the authorities under this Act shall be implemented by e) In k it it ceping with traditional custom and practice, the office bearers of the EB will take up and assume oun saree on voluntary basis. ‘The Government shall however ensure that every Village its office, Provideag ith contingent establishment funds o help it meet day to day expenses of such esteblishnend shttSVCS under any particular VC also enjoy and share the proceeds from backed ap banment funding. Also further provided that no expenses will be entertained unless ip by proper receipts and vouchers as required in all public expenditure. The President and his entire Executive Body , shall be deemed to have vacated their respective office forthwith when a resolution expressing want of confidence or desire to recall against them is passed by a majority of two-third of the total number of members of the General Body. ‘Any such meeting to decide upon any such resolution shall be convened by the Supervisor on receipt of requisition in writing for the same, by not less than half of the total number of, members of the General Body. A copy of the same shall also be forwarded to the Block / MUDA Coordination Committee concerned, which shall in turn take note of the same. In case the Supervisor does not convene a meeting within 30 (thirty) days from the date of receipt of any such requisition, the Block/MUDA Coordination Committee shall call for explanation from the supervisor for reason thereof to be submitted in writing within 10 days time, and on being satisfied regarding need to call such a requisitioned meeting, shall proceed to convene the same within 15 days from receipt of Supervisors explanation. Otherwise the Block/MUDA Coordination Committee may refer the case to the District Supervisor and Co-ordination Officer for necessary action from his end. Provided that when a no-confidence motion to recall the Executive Body is lost, no such motion shall be allowed within the next 6 (six) months. (The EB is expected to meet at least once every month, if not more . 8. DUTY AND RESPONSIBILITY OF THE EB PRESIDENT :- To maintain, preserve and protect records pertaining to the Village Council/ Sub Village Council as the case maybe; To be responsible in governing and administering the day-to-day affairs of the village/locality in coordination with the Executive Body and in accordance with the policy directions of the GBwhich in tum will be guided by provisions of this Act; Shall be responsible and accountable to the Village Council/ Sub Village Council and shallfunction according to the stipulated guidelines provided by the General Body of the Village Council and the rules stipulated by the Executive Bodyboth of which i il i nowion atthe hes yl of which in tum will be guided by 13Toorganize and hold. in the case of the Village Council, the (a) General Body meeting at teas fonce a year of as when required or demanded by not less than 50 percent of the listedinhabitants of ee village and, in the case of both Village Couneil and Sub Village Council, the (b) Executive Body mecting at least once a menth if not more To provide annual reports and audited statement of accounts to the General Body through the Vxccutive Body. To keep the institution of Village Council/ Sub Village Council neutral during elections to the Distnet Councils, the Meghalaya Legislative Assembly and the LokSabha To chair all meetings of the Village Council/ Sub Village Council and such other meetings stipulated under this Act. In his absence the meetings shall be chaired by the Vice President. The President cannot take sumottodecisions on any matters concerning the village without prior consent of the ExecutiveBody, provided however in the case of emergencies involving life and death situations, disasters and law and order situations, he on his own can contact, seek assistanceand avail relief from outside agencies. The President cannot enter on behalf of the village/urban locality into negotiation with any Outside agencies or organizations or corporations or groups or individuals without the prior approval and consent of the General Body of the Village Council and Block/Municipal Coordination Committee. The Presidentcannot issue No Objection Certificates to any company or firm or society or organization or group or individual or clan in matters concerning allotment, occupation, use or setting apart of land or forestlands or any other village resources without the prior approval and consent of the GB of the Village Council and the Block/Municipal Coordination Committee. Notwithstanding anything contained in any other law for the time being in force, on expiry of the term of office of the President of the EB or in the event of the Post of the President falling vacant, the election to fill up the post, as the case maybe, shall be conducted by the Vice President of the ve Ifany dispute arises regarding any matter relating to or connected with the election of President of the EB, the dispute shall be referred by the party or parties concerned to the supervisor. An appeal against the order/ decision of the supervisor shall lie with the Block/MUDA Coordinator whose decision shallbe final. Such appeal shall be filed within a period of 30(thirty) days from the date of such order/decision of the supervisor. 9. Gram Sevak Circles and Urban Cluster Circles:- }) For rural areas the Gram Sevak Circle will be identified as the Cluster unit for all Village Councils falling within that circle and the gram sevak will act as the socio-development supervisor of that particular circle for the purpose of this Act. ii) C ontiguous localities in the Urban sector will form themselves into a cluster of not less than 10 and not more than 15 localities each, and the cluster So formed will be known as the Urban. 14Do f ics) } for the purpose of this Act. As tar as the lunicipalities luster Circles with c 8 Pe location and co palities are concerned, these Urban Cluster Circles will conform as per Shillong Municipaiye nee, Of theit respective Municipal wards. Provided that in the case of hi pality, this conformity with wards will take place only as and when elections to. Shillong Municipality is held and completed. Supervisors to su; pervise the socio-development needs of the Urban Clusters Circle will be appointed by The Urban Affairs Department. til) There shall be one supervisor for every 5 cluster circles. 'v) The concept of Urban Cluster Circle, as far as this Act is concerned, will cover both Municipal as well as 6" Schedule Greater Shillong areas here shall be set up under the direct supervision of the Block/MUDA. Coordination Committee, a Consolidated Cluster Development Agency (CCDA), with the following Terms o! Reference ; ; i. To assist VCs under a circle in the planning, budgeting and implementing of their respective development activities and proposals which are to be sent to higher authorities, ent. ii, To help and assist VCs under a circle to identify resources and opportunities for developrm | ‘ty within ¢ .To identify common resources, assets and opportunities available to the Community within Cluster Circle, that are relevant for its socio-economic development, iv. To plan and formulate as to how these resources can be applied for both the Short and Lony term socio economic development of the Community ¥. It will also encourage Community Participation in the preparation of a Cluster Circle visioi document and a Cluster Circle Road Map for development and social justice with specia attention to the equitable and sustainable management of Land, Water, Forest and Humat resources of the Community vi.It shall endeavor to promote within the community social auditing mechanisms to bring ir community participation towards introducing concepts of accbuntability and transparency especially in all financial transactions in the community. vii. It can, outsource the expertise of renowned and experienced individuals /agencies/instituti to assist it with ( ii, ili, iv& v) above. Expenditure worked out and involved for such activi should be budgeted for approval from the District Planning and Implementation Committee. viii. It shal] evaluate and debate on the various Govt developmental schemes, income generating acti ies and interventions to be undertaken by the community within the circle. 5x. (@) The CCDA shall also take up the pertinent issue of survey and cadastral mapping of VC community and common land resources within the circle and seek assistance, both financia and human expertise for this task. 15~ (b) Provided the CCDA can and should encourage the survey and cadastral mapping o¢ py. land within the circle and charge appropriate fees for such service. x. The CCDA shall also look into matters of revenue generation and sourcing of external financiat funding for ali VC development activities within the circle. xi. It shall be responsible for approaching Govtand its agencies/ departments for assistance for any developmental activity of the community and for capacity building purposes. 3.The duties of the Supervisor for both Urban Cluster Circle as well as Gram Sevak Circle will be as follows:~ Assist the Village Councils within the circle in conceptualizing, planning and formulation of their respective development plans through a participative process. Assist and coordinate in the preparation of integrated plans and policies for ali the Village Councils in their official interactions and relationships with the circle. Assist and coordinate the Village Councils in the planning and programmingof their respective and collective training and capacity building schedules. Coordinate activities, programmes and objectives of the units within the circle with each other. Supervisors wil] pay special attention to empowering the grassroot institutions through building the capacities and awareness of the Village Councils in sanitation and cleanliness, environmental protection, financial management and accountability in all matters of financial transactions, awareness in the supremacy of the Rule of Law and need for inclusiveness and social justice in all matters of governance. (qualification of supervisors-This isa most crucial and cutting edge aspect for capacity building of _grassroot institutions. It can and should be addressed in the Rules of the Act) Chapter IT 1. Establishment, Constitution and Duties of Block / MUDA Coordination Committee: (1) | For effective management and to make the provisions of this Act compatible and harmonious with the existing administrative system prevailing in the State of Meghalaya, there shall be constituted in each Development Block in the rural areas, a Block Coordination Committee (BCC) (2)(@) All the Executive Bodies of each rural Village Council within a Gram Sevak Circle wi ; ircle will an electoral college, represented by the President and Secretary of each Village Council, for cleeore 2(two) representatives, one of whom shall be a woman, from the Circle. These two will re ne circle in the Block Coordination Committee (BCC), Presentling under a Urban Vi C Circle or DorbarPy Each locality to th es © VC Circle will be represented by its The members of the it F commit o qi MUDA level Coordination coomnmitee shall elect a Chairman of the Block Coordination Committee’ The Block Development Officer shall be the Secretary’ convener of the Block Coordination Committee for Rural Areas while the Secretary MUDA shall be Secretery’ convener for the urban areas, Each Gram Sevak Circle/Urban VC Circle will be represented by not less than two members, ‘one of whom shall be a woman. (a) The other tiers of traditional Institutions, especially those at the intermediate level such as Himas, Dolloiships and Akhings will find representation at the Block/MUDA level. (b) The local Syiem or Dolloi, Nokma shall be special invitees to the Block Coordination Committee/MUDA level Coordination Committee meetings. (c) These special invitees will be encouraged to biing in their respective aspirations, plans and expectations with corresponding budgets so as to amalgamate the same with the bottom-up aspirations from the Village Councils. (d) Cognizance is given to the respect, esteem and social capital that these special invitees bring to the table and as such they are encouraged to come up with suggestions and proposals that add value to (i) upholding traditional value systems in local governance (ii) upholding custom and customary practices in the day to day lives of the community (iii) maintenance of peace and harmony among the communities (iv) up holding, encouraging and upgrading customary practices in promoting Environmental preservation and community interventions towards Climate Change adaptation methods. {All technical heads under the BDO/ Secretary MUDAShall be members.If so required however, echnical assistancefrom other Government Departments can be requisitioned as and when the need arises * The need is to ensure that the reps from the Circles to the B CC or MUDA Level Coor Committee, are persons who can provide a vision for the Block. Thus perhaps this aspect requires a bit_ more deligeration and discussion, If we can really make a dent here, we come up with a bonus for both our rural and urban communities. Here is where the future leaders of th ie n ee discover, mould, empower and shape themselves. Pf the communities will This aspect can be addressed in the Rules of the ActN Ihe Block “MUDACoordination Committee shall meet at least thrice a year to Idem, fy schemes/projeets of mutual interest and benefit to its constituent Village Councils. (4) The BCC/MCC shall endeavor to amalgamate and consolidate such identified schemes/projects of mutual circle interest and to forward such consolidated schemes for approval and sanction by the District Planning and Implementation Committee, (5) ‘The mandate of the Block/MUDA Coordination Committee shall also extend to 1 Coordinating. consolidating and streamlining the proposals/ resolutions of all the VCs in the Block’ MUDA so as to avoid overlapping. duplication and wastage of scarce resources. it, Assist linkage of VC proposals to finance, credit, and market and research institutions. iii, Assist all VCs under its charge with training, capacity building and awareness programmes so as to enable the VCs to attain maximum empowerment and expertise in development activities. iv. Linking VC proposals with ongoing MP, MILA and MDC schemes. ¥. Assist the VC proposals to converge with existing schemes of the Government especially in the Promotion of market linkage. road connectivity, power availability, storage of farm products value addition to rural products, creation of urban recreational centers, vocational and skill training centers etc. Vi. Monitoring the progress and implementation of projects and schemes and submitting of regular reports to the District Planning and Implementation Committee on the same. Vii. special attention shall be given to the monitoring, evaluation and assessment of all Institution Building and Capacity Building interventions envisaged under this Act. Training of all concerned under this Act shall also form a priority area requiring constant attention. This aspect shall receive priority attention at all times by all concerned. Vili, Follow up on release of funds, sanctions and approvals of such schemes from higher authorities whenever the case arises. ix. To get such schemes/projects duly approved by the District Planning and Implementation Commitice. (6) The quorum to constitute a mecting of the Block / MUDACoordination Committee shall be (wo-third of the total number of members of the Block/MUDA Coordination Commitice, (7) The Convener of the Block/MUDACoordination Committee shall be the custodian of its common seal. cts, all records and accounts. He shall maintain the accounts and record the proceedings of all mectings of the Block/MUDACoordination Committees and the action on each resolution as well as prepare the income and expenditure statement, details of Bank Account and cash in hand, if'any.(8) The funds of the Blocks nati it Nationalised or Rural Banke gon Coordination Committee shall be kept in its name in the and Secretary. the account thereof shall be jointly operated by its Chairman 2.Constituti iti . ‘onstitution, Composition and Duties of District Planning and Implementation Committee:- a) For each District, the Sta te Gov ify a Distr i Implementation Conmated nis ferment, shall constitute and notify a District Planning and the following members:- i) The Deputy Commissioner e Of the District shall be the Chairman of the District Planning and Implementation Committee. *ii) The District Planning and Implementation Officer of the District to be appointed by the State Government as its Convener cum Member Secretary; iil) The Project Director, DRDA of the District or Additional Deputy Commissioner Ve Development, All Civil Sub Divisional Officers and Block Development Officers of the District as members (iv) All the MLAs arid MDCs within the District **Two community elected representatives, one of whom shall be a woman, from each Block/ MUDA Coordination Committee of the District whose name shall be forwarded by way of a resolution Block/MUDA Coordination Committee to that effect after election by the BCC/MCC. All District Departmental Heads. All syiems, dollois and nokmas within the district. (ny other member(s) who may be co-opted by the Chairman as expert(s) as may be deemed necessary. is is a new roposed to be created specifically under this Bill. This is a need based oquiroment and vest set up the qualifications and TORs for such an officer. Experience and of academic qualifications must be the forte of such an officer for on his experience will hinge the uccess or failure of the programme. We cannot afford the luxury to recruit officers who expect fo zarn with and on the job. They must come prepared to extend helping hands to the communities, ‘acilitate development NGOs, bring on board existing line department officers all of whom might 1e new to the concept and its demands. In this regard the C&RD & Urban Affairs Deptt may have a fresh look at having similar officers utthe Block/ MUDA level as well as facilitating NGOs at the Cluster and VC level. It will go a tong way in ensuring a smoother and more compatible manner of introducing the concept) **Need to ensure that the reps from the BCC/MCC are selected on grounds of merit, efficiency, possession of a community vision and ability to speak on behalf of their communities . The last thing we need are Reps selecied on political considerations. They are the bane of our society. This aspect can be addressed in the Rules of the Act)(2) The Chief Executive Member of the District Council of that particular District or hit rornin, shall be the Permanent Invitee in each of the meetings of the District Supervisory und Co-ordinatieg, Board. G) The District Planning and Implementation Committee shall meet at least twice year Fach of the meetings be held not later than seven months of the preceding meeting, ‘Ihe r sd and proceedings of the District Planning and Implementation Committee shall be maintained by the District Planning Officer and the minutes of the proceedings of each meeting shall be ratified in the succeeding meeting of the Commitee. @) The District Planning and Implementation Committee shall perform all functions entrusted to it By the State Government in addition to the following general duties :- in respect of the schemes/projects State Government for approval and to incils and Block/ () Preparation of Annual Work Plan and Budget entrusted to it by virtue of this Act and submission thereof to the t support and fund the implementation of the approved schemes of the Village Cou! MUDACoordination Committees. (ii) Consideration and Consolidation of the Annual Plans submitted by the Village Councils and Block/ MUDA Coordination Committees under this Act and submission of the consolidated Annual Plans to the State Government. (iii) Identify and formulate schemes/projects in the spheres of Natural Resource Management, biodiversity preservation, poverty alleviation , livelihood improvement, public health, education, irrigation, water harvesting ,agriculture, horticulture, traffic management, urban sanitation and waste disposal schemes, housing schemes and other sectors of both rural and urban enterprise that are likely to bring an improvement and up-liftment in the economy; . (iv) Encourage and initiate study, research, management and establishment of markets and marketing avenues for products that contribute to the revenue and enhanced income of the communities. (v)_ Capacity Building and Training of all stakeholders under the Act shall receive priority attention of the District Planning and Implementation Committee . This priority cannot be underscored as it is the pivot on which the whole issues of sustainability of the programme will hinge on. The issues of enhancement of social auditing within the communities will also receive the attention of the District Planning and Implementation Committee (vi) Encourage and initiate improved scientific methods of agriculture, horticulture an’ animal husbandry; establishment of centers for quality primary education and adult educatior establishment of dispensaries; construction of roads and other forms of connectivity in rural secto providing ferry services and communication in water ways as well as such other subjects as may t entrusted to it by the State Government and submission of developmental schemes aimed at any oré of the above, to the State Government for its consideration within such time limit as may | prescribed. (vii) Call for status and progress reports, aside from the annual and periodic reports expect from all Village Councils and Block/MUDACoordination Committees within its jurisdiction. 20(viii) To implement . poverty alle Socio-economic Development Schemes, ati i i ivi ton programmes as may be entrusted to it by the State income generating activities and (oo Government. ix) To generally gui by the Village Couneils and & Bloc and monitor the schemes/projects and activities implemented for under this Act. DACoordination Committees and supervise them as provided R_IV 1. (@) The Communi shall be the No Monitoring an: ity and Rural Development Department of the Government of Meghalaya ‘dal Department responsible for the effective formulation, conception, vneeatcn, veeand ev tion of all development interventions under this Act for Rural areas of the state respon ye re Urban Affairs Department of the Govt of Meghalaya shall be the nodal Department responsible for the effective formulation, conception, implementation, monitoring and evaluation ofall levelopment interventions under this Act for Urban areas of the state. 3. The Departments concerned shalll create special cells(a) in the case of the C&RD Department it shall be called the Rural Community Development Organizations Cell( RCDOC) and in the case of the () Urban Affairs Department it shall be called the Urban Community Development Organizations Cell (UCDOC).The mandate of this special cell is to manage and administer all interventions under this-Act on bebalf of the Departments concerned and the Government of Meghalaya. 4. The Departments shall be authorized to create, raise, fill-up ot abolish any posts relevant and pertinent to the provisions of this Act. CHAPTER V 1. Appointment of District Planning and Implementation Officer and other Officers and staff:- (1) (@)The State Government shall appoint an officer as the District Planning and Implementation Officer for each District under its jurisdiction. (b)The District Planning and Implementation Officer shall be recruited from Government Officers under Deputation to the Department or from the open market, provided that such recruits reflect both qualifications and experience relevant to the requirements under this Act. In cognizance of the peculiar requirements of the Act, preference will be given to proven experience over qualification. (2) The State Government shall also appoint a Planning Officer, a Project Manager/ Project Economist, an Engineer, an Account Officer and any such other officers/ experts and staff under the establishment of the District Planning and Implementation Officer of each district as it may deem fit and necessary. : 21