Halqa Majlis (Gram Sabha)

All the Voters of the Halqa Panchayat constitute Halqa Majlis (J& K PR Act , 1989). Gram Sabha shall compromise of all persons where members are included in the electoral roll relating to the village panchayat (Draft Model Panchayat and Gram Swaraj Act). A Body consisting of all registered voters of a village within the area of a village Panchayat (Constitution). Act 243A Gram Sabha may exercise such powers and perform such functions at the village level as legislature of a State may be , by law provide.

Importance of Gram Sabha

Key to the Self Governance. Forum that ensures direct, participative democracy. Offers equal opportunity to all citizens (poor, marginalized and women) to discuss, criticize, approve, reject proposals of panchayats and also assess its performance. Provides an opportunity to the individual villager to participate in the local decision making process. 2009-10 year of Gram Sabha Vibrant forum for promoting planned eco and social development of the village. Powers of Gram Sabha vary from state to state. Facilitates socio-economic inclusion. Ensure accountability of the panchayat to the electors.

The scope of deliberations in the Gram Sabha meetings can be enhanced to make these more interesting and meaningful, such as: (a) Gram Sabha can be an effective forum for information sharing on programmes, schemes, good practices and matters of common interest for which assistance from the State and Centre is available through different policies and programmes. Gram Sabha can discuss issues such as (i) quality of life and Millennium Development Goals, (ii) (iii) social security, gender justice, female feticides, substance abuse (alcohol, tobacco and drugs), hygiene, nutrition, sustainable development, diversification of agriculture, better cropping practices, opportunities for improving incomes, drought/flood management, soil & water conservation, infrastructure development, etc.

(b)

(iv) (c)

Gram Sabha should fully participate in planning, implementation and performance review of various schemes viz. BRGF, NREGA, NRHM, SSA, ICDS, IWMP, RKVY etc. In preparing plan and shelf of projects, realistic assessment of resources should be made.

Organizing Gram Sabha Meetings

Organization of Gram Sabha is the responsibility of the Gram Panchayat and the Gram Panchayat may assign this task to a standing committee or a committee constituted for the purpose. The decision to convene a Gram Sabha may be taken as per the provisions of the State Panchayat Act, which may contain certain mandatory provisions, such as a minimum of four Gram Sabha in an year, and certain enabling ones, such as on the request of voters, in case of urgency etc. The venue for the Gram Sabha meetings should facilitate the participation of all concerned, irrespective of their caste, religion or political affiliation. The agenda should be finalized keeping is view decisions of the Panchayat, public demand and suggestions, directions of State Government, etc.. A notice about a Gram Sabha meeting must reach the people at least 7 days in advance. This would help in preparing for participation in the Gram Sabha in a serious manner. There are different ways in which the notice can be issued. Written notices can be put up in public places, the meeting can be announced by the beating of drums in the village, Self Help Groups (SHGs) or other micro-level outfits can give due publicity within their groups. In addition to information about place, date and time, the notice should also contain, in two or three lines, a brief description of the agenda.

Conduct of the Gram Sabha Meetings

The meeting of the Gram Sabha should be chaired as designated in the State Act. The official so designated should act as the secretary. At the beginning of the meeting, the Chairperson or the Secretary should read out the decisions of the previous Gram Sabha and explain the important activities/events in the Panchayat. If something could not be done, the reasons may also be explained. The main agenda items may subsequently be taken up one by one. The Chairperson should take care to ensure that every one is allowed to speak, and a few people do not dominate the proceedings. Special care needs to be taken with respect to women and marginalized groups. If the Gram Sabha is convened for planning, matters like review of the previous years performance, success as well as failures, new directions, deviations if any from the plan and the reasons for that, resource mobilization, allocation, beneficiaries of each scheme,,benefiting area, criteria, activities, organization, funds etc. have to be discussed. A time should be allotted for individuals or groups to present proposals and resolutions. The Gram Sabha may, during the meeting, take a decision to form its own committees to look into an issue and make suggestions, or reports. People should also be encouraged to provide voluntary labour or other contributions in the meeting. At the end of the meeting, the minutes should be read out and signed by the persons designated to do so.

Action to be taken after Gram Sabha Meetings

If any of the Panchayat representatives or officials does not participate in a Gram Sabha despite invitations, the reasons thereof should be ascertained by the Gram Sabha after the meeting is over. The indifference of the absentees can be pointed out to them and in due course, this would cause a change in their mindset and they will start participating. If some persons or communities do not attend three consecutive Gram Sabha meetings, the matter should be discussed in the Gram Panchayat, and they should be motivated to attend. The minutes of the meeting should be displayed in the Panchayat office, including details of beneficiaries selected, projects recommended etc. The Village Panchayats should discuss and act on the minutes of the Gram Sabha. Special reports made by committees of the Gram Sabha should also be discussed. If suggestions of the Gram Sabha need to be forwarded to any of the Panchayats or government officials, action should be taken.

The powers and duties of the Ward Sabha inter alia are as follows:

a)

Development: Assisting the Village Panchayat in collection and compilation of data required for formulating plans; generating proposals; fixing priorities and rendering assistance for implementation of development schemes; identification of beneficiaries; suggesting location of public utilities. Social Welfare: Verifying eligibility of persons for various welfare schemes; assisting the Parents-Teachers Association; promoting literacy, education, health, child care and nutrition; assisting in public health activities. Monitoring: Getting information about development works; exercising social audit; awarding utilization certificates; following up on decisions of Ward Sabha; pointing out deficiencies in water supply, street lighting etc. and suggesting remedial measures; monitoring and rendering assistance to beneficiary communities engaged in developmental activities. Awareness Generation: Imparting awareness on matters of public interest such as cleanliness; preservation of environment; promoting harmony and unity; cooperating with Village Panchayat in sanitation.

b)

c)

d)

The powers and duties of the Gram Sabha inter alia are as follows:

a)

Development:- Identifying, prioritizing and approving plans, programmes and projects for social and economic development; control over local plans including tribal sub-plan; making recommendations in annual plan of Village Panchayat; identifying beneficiaries; formulating and approving development plans for Abadi lands; supervising the construction, repair and maintenance of public works such as water sources, roads, lighting etc. Monitoring:- Ascertaining and certifying the proper utilization of funds by the Village Panchayat; social audit for plots allotted to weaker sections; seeking clarifications from the chairperson/ members of the Village Panchayat about any activity, scheme income and expenditure; considering the report of audit and accounts of the Village Panchayat; exercising control through the Village Panchayat over institutions and functionaries in social sectors. Village Management:- Managing natural resources; managing public land; ownership and management of minor forest produce; regulating and controlling games-shows, shops, eating houses etc.; managing village markets; to be consulted before making the acquisition of land and resettlement & rehabilitation; making recommendations prior to grant of prospecting licence or mining lease for minor minerals in the area and grant of concession for exploitation of minor minerals by auction; making arrangements for and reporting on epidemics, natural calamities etc.
Others: Ensuring participation of people; mobilizing voluntary labour; promoting peace and harmony; general awareness; granting loans for the purpose of providing medical assistance and other benefits for indigent and in other way under privileged persons. ssss

b)

c)

d)

90.

Consideration of Panchayat Budget.___ (1) When budget is prepared as required under rule 89 the Panches and Sarpanch shall call a Halqa Majlis for discussing the budget programme of works proposed for the next financial year.
(2) (3) At least 20 days notice shall be given for calling a meeting of Halqa Majlis. The notice shall be displayed prominently at ten or more conspicuous places in a Panchayat area and publicity therefor shall be given by beat of drum.

91.

Procedure in the meeting of Halqa Majlis.___ (1) The Budget and programme or works shall be presented in the meeting of Halqa Majlis by the Sarpanch or in his absence by the Naib-Sarpanch. (2) The Sarpanch or in his absence the Naib-Sarpanch shall thereafter invite suggestions of the voters present, on the budget and programme of work.

92. 93.

Consideration of suggestions.___ The suggestions made under sub-rule (2) of rule 9 shall be considered in the meeting and shall be accepted or rejected by majority vote of the voters present. Any other matter of public importance.___ Any voter present in the Halqa Majlis may also raise any matter of public importance which shall be discussed and shall be accepted or rejected by a majority vote and the budget shall be recast accordingly.

94.

Approval of Panchayat.___ (1) Within three days but not later than 1st March, from the date of sanctioning of Panchayat budget estimates of income and expenditure of the Panchayat and the annual report of the working of the Panchayat and development programme and plans for next year, the Halqa Panchayat shall forward a copy of the same to the District Panchayat Officer and Block Development Officer as provided under sub-section (2) of section 21 of the Act.

(2)

In case Panchayat fails to present its budget or annual report in the Halqa Majlis within the prescribed period, the Block Development Officer shall arrange the preparation of the budget and annual report of such Panchayat through Inspector Panchayat concerned. The Block Development Officer shall preside over the Halqa Majlis of such Panchayat and present the budget estimate and annual report of the Panchayat as prepared by the Inspector Panchayat before the general meeting of the voters and voters shall consider the budget and annual report so prepared and presented and draw out development plan for the Panchayat area and approve the budget. The District Panchayat Officer concerned under section 21 of the Act shall make out a case against the Panchayat failing to___ (i) (ii) call a general meeting of its voters as required under rule 90 to 91 ; Submit copies of budget estimates of income and expenditure and annual report of the working of Panchayat and development programme and plans for the next year sanctioned by the Panchayat.

(3)

(4)

The District Panchayat Office concerned shall refer the cases to the Director, Rural Development concerned for disciplinary action against the Panchayat stating therein that the Panchayat is incompetent to perform its duties and functions imposed on it under the provisions of the Act, and rules framed there under.

Administration of Panchayat Fund.

95. Custody and administration of Panchayat Funds.___ (1) The administration of Panchayat fund the responsibility of a Halqa Panchayat.
(2) The expenditure shall be regulated on the basis of the approved action plan for the Panchayat. The re-appropriation shall be authorized by the Panchayat. All money transactions to which any member of the Panchayat or any office or servant of the Panchayat in his official capacity is party shall without any reservation be brought to account and all the money shall be credited in full to the Panchayat fund. Money due to the Panchayat shall be collected either by payment at the Panchayat Office or by outdoor collections or by both as the Panchayat may determine. Receipts of all money received shall be issued in Form 20. Accounts of all income and expenditure of the Panchayat funds shall be maintained in Form 12. The account shall be closed and balanced at the end of every month and shall be examined/ passed by the Panchayat at the meeting in the next following month. The Halqa Panchayat may hold a sum not exceeding Rs. 500/-as imprest money to meet petty and emergent expenses.

shall be

(3)

(4)

(5)

(6)

96.

Requisition for withdrawal------ Money shall not be drawn from the Bank/Saving Bank or a Post Office and paid out of the Panchayat fund except on a join requisition signed by the Sarpanch and Secretary. The Sarpanch / Secretary shall submit a drawl and expenditure statement after the close of each month to the Halqa Panchayat.

97.

Audit.___(1) The audit of the accounts shall be conducted by the Chartered Accountant appointed by the Government. (2) Steps for disposal of Audit Notice.___ After each audit of the accounts the Secretary of the Panchayat shall deal with the objection statement which shall be appended to the Audit Notes. The Secretary shall bring the Audit Note to the notice of the Sarpanch, who shall then within a month of the receipt of the Audit Note convene a special meeting of the Panchayat to consider the objection / report and to decide the action to be taken in regard to the report. Maintenance and verification of stock book.___ (1) A stock book shall be maintained in Form 13 for all stores e.g. postage stamps, material for public work and forms used by Panchayat, tools and plan, oils, wicks, chimney, books and all other equipment. All entries shall be recorded by the Secretary and initialed by the Sarpanch. The stock shall be verified once in every three months by such persons as the Sarpanch may direct and the fact of verification shall be recorded. (2) The stock of all stores of a Halqa Panchayat shall also be verified once in a year by any person nominated by Sarpanch who shall certify the present position of each article of the store in the stock book maintained by Halqa Panchayat and make out a list of all unserviceable articles indicating date of purchase of each article and the cost thereof and submit to the Sarpanch for action.

98.

99.

Write off of unserviceable stock articles of Panchayat.___ A Panchayat may write off its unserviceable stock articles after completion of the minimum life prescribed for stock articles. Maintenance of cash book.__ On each day in which a transaction take place the General Cash Book in Form 12 shall be closed, balanced and signed by Secretary of the Halqa Panchayat who shall submit it to Sarpanch for his counter signature. Election of Vice-Chairman, District Planning and Development Board.___ The Vice-Chairman of the District Planning and Development Board shall be elected in the same manner as prescribed for the election of the ViceChairman, Block Development Council as mentioned under rule 106 provided the meeting convened for the purpose shall be presided over by the Chairman, District Planning and Development Board.

100

101.

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