Terms of Reference for the Sixteenth Finance Commission.

Cabinet approves Terms of Reference for the Sixteenth Finance Commission Posted On: 29 NOV 2023 2:27PM by PIB Delhi

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi has approved the Terms of Reference for the Sixteenth Finance Commission.

The Terms of Reference for the Sixteenth Finance Commission will be notified in due course of time. The 16th Finance Commission’s recommendations, upon the acceptance by the government, would cover the period of five (5) years commencing April 1, 2026.

Article 280(1) of the Constitutions lays down that the modalities for setting up of a Finance Commission to make recommendation on the distribution of net proceeds of taxes between the Union and the States, allocation between the States of respective shares of such proceeds; grants- in-aid and the revenues of the States and measures needed to supplement the resources of the Panchayats during the award period.

The Fifteenth Finance Commission was constituted on November 27, 2017. It made recommendations covering the period of six years commencing on 1st April, 2020 through its Interim and Final Reports. The recommendations of the Fifteenth Finance Commission are valid upto the financial year 2025-26.

Terms of Reference for the Sixteenth Finance Commission:

The Finance Commission shall make recommendations as to the following matters, namely:

The distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under Chapter I, Part XII of the Constitution and the allocation between the States of the respective shares of such proceeds; The principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India and the sums to be paid to the States by way of grants-in-aid of their revenues under article 275 of the Constitution for the purposes other than those specified in the provisos to clause (1) of that article; and

The measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats and Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State.

The Commission may review the present arrangements on financing Disaster Management initiatives, with reference to the funds constituted under the Disaster Management Act, 2005 (53 of 2005), and make appropriate recommendations thereon.

The Commission shall make its report available by 31st day of October, 2025 covering a period of five years commencing on the 1st day of April, 2026.

Background:

The Fifteenth Finance Commission (the 15th FC) was constituted on 27.11.2017 for making recommendations for a five-year period of 2020-21 to 2024-25. On 29.11.2019, the ToR of the 15th FC was amended requiring the Commission to submit two reports, namely a first report for financial year 2020-21 and a final report for an extended period of 2021-22 to 2025-26. As a result, the 15th FC made its recommendations for a six-year period from 2020-21 to 2025-26.

The Finance Commission normally takes about two years to make their recommendations. As per the clause (1) of article 280 of the Constitution, the Finance Commission is to be constituted every fifth year or earlier. However, as the recommendations of the 15th FC cover the six-year period up to 31st March 2026, the 16th FC is proposed to be constituted now. This will enable the Finance Commission to consider and appraise the finances of the Union and the States for the period immediately, preceding the period of its recommendations. In this context, it is pertinent to mention that there are precedents where the Eleventh Finance Commission was constituted six years after the Tenth Finance Commission. Similarly, the Fourteenth Finance Commission was constituted five years and two months after the Thirteenth Finance Commission.

The Advance Cell of the 16th FC was formed in Ministry of Finance on 21.11.2022, to oversee preliminary work, pending formal constitution of the Commission.

Thereafter, a Working Group headed by Finance Secretary and Secretary (Expenditure) and comprising of Secretary (Economic Affairs), Secretary (Revenue), Secretary (Financial Services), Chief Economic Adviser, Adviser, NITI Aayog and Additional Secretary (Budget) was set up to assist in formulation of the Terms of Reference (ToRs). As part of the consultative process, views and suggestions were sought from the State Governments and the Union Territories (with legislature) on the ToRs, and were duly deliberated by the Group.

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DS

Action Taken Report on the Recommendations of the First State Finance Commission

GOVERNMENT OF TELANGANA
ABSTRACT

Municipal Administration and Urban Development Department –Action Taken Report on the Recommendations of the First State Finance Commission – Orders Issued.

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (UBS) DEPARTMENT

G.O.Ms.No.13

Dated: 06.02.2024.

Read the following:-

1.G.O.Ms.No.9, PR&RD (Mandal) Department, Dt.12.09.2014.
2.G.O.Ms.No.31, PR&RD (Pts.III) Department, Dt.16.03.2015.
3.G.O.Ms.No,1, PR&RD (Pts.III) Department Dt.03.01.2018.
4.G.O.Ms.No.2, PR&RD (GP.Fin) Department, Dt.09.01.2020
5.G.O.Ms.No.299, PR&RD (GP.Fin) Department, Dt.11.07.2023

<<>>

ORDER:

In consonance with the Constitutional provisions of the 73rd Amendment Act,1992, and the powers conferred under Article 243-I of the Constitution of India read with sub-section (1) of Section 235 of the Telangana Panchayat Raj Act, 1994, as adapted in Telangana State vide GO.Ms.No.9, PR&RD (Mandal) Dept., Dt:12-09-2014, the Governor of Telangana constituted the First State Finance Commission for the State of Telangana vide GO.Ms.No.31, PR&RD (Pts.III) Deptt., Dt:16-03-2015.

2. Further, as per Article 243Y of Constitution of India the Finance Commission constituted under article 243-I of the Constitution of India read with clause (30) of Section 2 & sub-section (1) of Section 113A of the Telangana Municipalities Act, 2019 shall also review the financial position of the Municipalities and make recommendations to the Governor.

3. Accordingly, the First State Finance Commission has submitted its report with(37) recommendations, out of which (8) recommendations pertains to Financial and (29)recommendations pertains to Non-Financial.

4. Government Vide G.O.Rt.No.299, PR&RD (GPF) Dept., Dt.11.07.2023 have constituted a Committee under the Chairperson of Chief Secretary and 3 Members to examine the recommendations of the First State Finance Commission and to submit the draft Action Taken Report.

5. The Committ ee meeting was held on 08.09.2023 in the chambers of Chief Secretary. During the meeting, recommendations were discussed and accordingly Draft Action Taken Report was prepared.

6. The Draft Action Taken Report on the recommendations of First State Finance Commission have been placed before the Council of Ministers on 04.02.2024 for its approval before placing the same before the State Legislature. The Council of Ministers have approved the Action taken report as in Annexure-I & II.

7. The Departments in Secretariat/HODs noted in the address entries are requested to issue necessary follow up orders or instructions for implementation of these recommendations.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

M.DANA KISHORE

PRINCIPAL SECRETARY TO GOVERNMENT

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To
The MA&UD / PR&RD, RWS/ TR&B/Revenue (Excise)/ Industries & Commerce Departments.
The Commissioner of Printing Stationary and Store Purchase, Hyderabad
The Commissioner &Director of Municipal Administration, Hyderabad.
[P.T.O.]
//2//
The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad.
The Commissioner, Hyderabad Metro Water Supply and Sewerage Board, Hyd.
The Commissioner, TSIRD, Hyderabad.
The Commissioner & Inspector General, Registration and Stamps, Hyderabad.
The Commissioner of Transport, Hyderabad.
The Principal Chief Conservator of Forests, Telangana, Hyderabad
The Engineer-in-Chief, Public Health, Hyderabad
All the District Collectors in the State.
All the Additional Collectors Local Bodies in the State
All the Municipal Commissioners of Municipalities in the State
Copy to:
The Principal Accountant General (A&E/Audit-I & II), Hyderabad.
The Director of Treasuries & Accounts, Telangana, Hyderabad.
The Finance and Planning (FW. EXPR. PR.) Department, Telangana Secretariat,Hyderabad.
The Director, Local Fund Audit , Hyderabad.
All Audit Officers in the State.
The Director General, National Institute of Urban Management, Hyderabad
The Director General, MCRHRDI, Hyderabad
The Director, Regional Center for Urban and Environmental Studies, Hyderabad
The G.A.(Cabinet) Department, Secretariat, Hyderabad.
All the Concerned Sections in MA&UD Department.
SF/SC.

// FORWARADED:: BY ORDER//

ASSISTANT DIRECTOR

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Annexures to G.O. Ms. No. 13, MA&UD (UBS) Department, dated 06-02-2024
Annexure- I

Financial Recommendations of the First State Finance Commission (Urban)

1. Commission recommends to transfer 11% of State Own Net Revenue based on respective Revised Estimates for last financial year, every financial year during the 5 years period commencing from financial year 2020-21 to 2024-25. Here, State Own Net Revenue means Revenue from all Taxes, Duties, Tolls and Fees and including GST compensation if any received from Government of India but minus cost of collecting these revenues which is taken as 1%. Out of this devolution, 61% will be earmarked for Rural Local Bodies (Percentage of Rural population as per Census 2011) and 39% to Urban local bodies.

   Decision of the Government:Accepted.

2. Commission recommends continuation of existing Assigned Revenue of Profession Tax, Seigniorage Fee and Transfer Duty (Entertainment Tax already subsumed in GST) and transfer 95% of each of Assigned revenues to local bodies.

   Decision of the Government:Not accepted.

3. Commission recommends for incurring required expenditure additionally from consolidated fund of the State for Construction of offices for newly created ZPPs,MPPs, GPs and ULBs, over a period of next three years.

   Decision of the Government: Accepted.

4. To ensure equity and take care of local bodies which have very little or no scope in assigned revenues, it is recommended to put all assigned revenues in a divisible pool and divide the revenue among all local bodies based on the formula for division of share in State Own Net Revenue

Decision of the Government:Accepted as this provision is made in the TMA, 2019.

9.5. Formula for Distribution of Revenue among Local Bodie

Decision of the Government: Will be examined.

9.6. Transfer of Funds in 10 Equal Monthly Installments:

Decision of the Department: Accepted.

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9.8. Revolving Innovation Project Funds for Rural and Urban Local Bodies (referred in para 9.5 (9) and (11):

Five percent (5%) of funds earmarked for devolution to rural and urban local bodies respectively every year shall be transferred to respective Revolving Funds (non-lapsable fund) at the beginning of each financial year. These two funds will be operated by Commissioner Panchayat Raj and Commissioner and Director Municipal Administration respectively. Respective local bodies can apply upto a maximum of 50% of estimated project cost as interest free loan repayable over5 years. The projects which directly brings in Cost Reduction or Enhancement of Revenue Generation will only qualify for such loan. In rare case when repayment is delayed, the respective HoD can deduct the installment at source while releasing SFC grant. The respective HoDs may frame appropriate guidelines for operating the fund.

Proposal of the Department: Accepted

M. DANA KISHORE

PRINCIPAL SECRETARY TO GOVERNMENT

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Annexure – II

Non-Financial Recommendations of the First State Finance Commission (Urban)

9.9.2.  State Finance Commission subject under Finance Department: Presently SFC subject is under PR Department. SFC’s main role is to recommend on financial devolution to PR local bodieslike ZPPs, MPPs and GPs which comes under Panchayat Raj & Rural Development Department; andUrban LocalBodies which comes under Municipal Administration & Urban Development Department. Hence it will be better if SFC subject is brought under Finance Department

Decision of the Department: Accepted.

9.9.3.   Timely constitution of SFC every fifth year: Recommended that SFC must be constituted with its Chairman and Members at least two years prior to end of current SFC award period so that new award is ready as soon as current award period ends. SFC must be asked to give its recommendation within two-year time frame allotted to it and Government must thereafter issue necessary orders on the recommendations of SFC, as accepted by Government, within 3 months of the submission of SFC report. It will help local bodies to get their due share from prevailing States’ Own Tax Revenues.

Proposal of the Department: Accepted.

9.9.4.  Monitoring of implementation of SFC recommendations on regular basis: Recommended that Government should create an independent Section in Finance Department for monitoring transfer of Funds to Local bodies and furnish quarterly report to Chief Secretary. C&AG may also be requested to give its observation on implementation of SFC recommendations in its annual report to Legislature. This section in Finance Department will also provide necessary administrative memory for next SFC. Such arrangement will help in ensuring that local bodies get their due share of resources in time so as to function as centres of Self Governance.

Proposal of the Department: Accepted

9.9.5.  Tax administration and Revision of Taxes, Fees and Water charges bylocal bodies on annual basis: Recommended that Taxes, Fee and Water charges etc should be reviewed every year as part of annual budget exercise and revision if any made, should be made applicable from 1st of April of that financial year. To ensure that annual exercise is taken up every year as part of budget exercise, it is also recommended that Local body shall not increase taxes, Fees and Water charges etc by more than 10%, cumulative, in any one financial year. Existing Property Tax Board may be renamed as Local Body Regulatory Board and activated for suggesting annual revision as part of Budget exercise, in Property tax, Building Permission Fee, Other taxes, Other Fees and Water Charges etc in addition to its other functions.

Decision of the Department: Not accepted. However, the proposed change in nomenclature for the Property Tax Board is accepted

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9.9.6.  Simplification and transparency in levy of Property Taxes: Local Bodies should explore levy of Property Tax based on Plinth area multiplied by Standard Property Tax Rate per Sft. for that Road/Area notified by Local Body every year on the recommendation of Property Tax Board. Such a system will bring certainty in tax levy and reduce scope for subjectivity in tax levy.

Decision of the Department: Section 93(1) of the New Municipalities Act, 2019 and rules made thereunder facilitates capital value based property tax assessment. Hence, the provisions of the Act will be followed, instead of the recommendations.

9.9.7.  Resurvey of all Tax Incident points: In order to capture all points where Tax is to be levied, local body must do comprehensive survey of all tax incident points, new and existing, every five years like revision of electoral rolls. 5% of Survey work should be super checked by senior team for its correctness and fairness. New electricity connections issued list be obtained from local DISCOM on monthly basis and cross checked with Property Tax Register for detecting un-assessed properties on continuous basis. DISCOM may be asked to put online report on new connections released on their website so that such information can be accessed by local bodies without any human intervention.

Decision of the Department: Accepted.

9.9.10. Local Bodies to obtain list of Profession Tax Payers from Commercial Tax Department on annual basis and make annual field survey for detecting un-assessed cases to bring to the knowledge of Commercial Tax Department.

Decision of the Department: Not accepted.

9.9.11. Rental on Local Bodies Properties: Recommended that Local Body enter into lease agreement with Lessee for a period not exceeding five years with absolutely no provisions for its extension. New agreement should be entered on expiry of lease period based on current rental values prevailing in the area. Although lease period may be up to five years but lease agreement must have provision for enhancing rent on 1st April of every year by 5% on rent paid in previous month i.e. in March month. It will give buoyancy in rental income.

Decision of the Department: Accepted as it is already under implementation.

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9.9.12. Revenue from Parking Fee: Recommended that Local body should follow Tender cum Auction method with minimum amount for awarding Parking Contract. Auction should be conducted among Highest three bidders only. Contract period should not exceed 12 months and no provision for its extension on any ground. This exercise should be done every year in the month of January/February so that new contract is made effective from 1st April.

Decision of the Department: Accepted.

9.9.13. Revenue from renting out space for Advertisement: Same procedure as that for Parking area could be followed.

Decision of the Department: Accepted

9.9.14. Maintenance of Public Conveniences and Facilities on Contract basis: It is suggested that Local Bodies to explore maintenance of Public Toilets and other public facilities on Annual Maintenance Contract basis. There should be formal arrangement for daily inspection of these facilities by appropriate level of staff of Local Body with endorsement in inspection register and reduction in payment if facility is not maintained properly. Mobile App for taking feedback from citizens and reduction in payment to agency based on negative Feedback from Citizens.

Decision of the Department: Accepted

9.9.15. Mechanism for Monitoring and Comparison of Expenditure and Revenue across Local Bodies:

Decision of the Department: Accepted

9.9.16.  Computerisation of Accounts of all Local bodies:

Decision of the Department: It is already under implementation. Accepted.

9.9.17. Computerisation of all Taxes and Fees related activities so that citizen can make payment of all Taxes and Fees, etc., online.

Decision of the Department: Both assessment and collection of all taxes and fees in ULBs in the State is already computerized. The recommendation is accepted

9.9.18. Transparency in Collection and Utilisation of Resources:

Decision of the Department: Both assessment and collection of all taxes and fees in ULBs in the State is already computerized. Hence, the recommendation is accepted.

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9.9.20. Use of Solar Power: All local bodies must install Grid Connected solar power plants within 3 years to meet at least 80% of their power requirements from Solar power. It will help in reducing their expenditure on Electricity and also protect environment against climate change due to global warming. They must also move to LED lighting and BLDC fans to conserve power.

Decision of the Department: Accepted.

9.9.21. Water Meters for all Connections including Public Taps: To ensure efficient use of scarce drinking water resource, it is recommended that all water connections must have Water Meters installed even if Local body plans to provide Free Water to citizens. Water Meter must also be installed for Public Taps to account for every liter of scarce resource like drinking water.

Decision of the Department: Partially accepted with the decision to install meters for all non-domestic connections.

9.9.22. Safe Piped drinking water for all: It is the first primary duty of any Municipality and Gram Panchayat to provide safe drinking water to all its citizens at their door steps. Hence All local bodies must prepare plan for supplying adequate safe piped drinking water to all citizens at their door steps within next 2 years.

Decision of the Department: Accepted.

9.9.23. Solid Waste Management: Municipalities and GPs must strive to achieve in next 5 years 100% Solid Waste Collection from house to house and disposal as suggested above. Wet Waste composting machines can also be encouraged at Bulk Waste generator level/Resident Welfare Association (RWA) level by offering incentives or subsidy or reduction in Property Tax. Local Bodies should also explore engaging the services of reputed third party on contract basis for collection of segregated waste every day from each house and from bulk waste generators.

Decision of the Department: All these activities are being practiced in all ULBs across the State and the statedobjective of 100% achievement in next five years is accepted.

9.9.24. Power generation from Waste: To generate power from waste even if it is to be subsidised by local body in the interest of environment and quality of life for its citizens.

Decision of the Department: It is under implementation in GHMC area. For other ULBs a cluster based approach will be taken up. Hence accepted.

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9.9.25. Sewerage Line coverage and Recycling of Sewerage water for industrial and non-drinking water use: Municipalities and GPs must prepare plan for treating and recycling at least 75% of its sewerage waste water in next 5 years and 100% in next 10 years.

Decision of the Department: Accepted.

9.9.26. Public Road maintenance: Provision of good roads is what citizen expects from local body. Urban Local Bodies and GPs must have plan in place to re-carpet all main roads every year and all other roads once in two years.

Decision of the Department: Not accepted.

9.9.27. Make your city Green: To combat climate change which is looking very real now and to protect environment from pollution, all local bodies should plan to increase green cover in their jurisdiction.

Decision of the Department: Accepted.

9.9.28. Accountability in spending Public Funds / Annual Audit of Local Bodies: State Government must prepare Calendar for annual audit of all Local bodies such that all physical visits for annual audits of previous financial year are completed by end of October month of current financial year and audit reports are communicated to all local bodies before close of current financial year. To put in place formal system for regular monitoring of rectification of defects pointed out in audit. It will require focused and continuous efforts to take up this challenge to ensure effective and efficient utilization of public resources. Common observations of audit should also be used as feedback for planning for training the staff in domain knowledge in that specific area.

Decision of the Department: Already under implementation. Accepted.

9.9.29. Capacity building of Local Body staff: Service of TSIRD and MCR HRD Institute, Hyderabad may be utilised to train them extensively on regular basis. Based on Feedback from Audit reports, special training programme may also be structured for identified weak areas.

Decision of the Department: Accepted.

M. DANA KISHORE

PRINCIPAL SECRETARY TO GOVERNMENT

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Constitution of Functional Committees in Mandala Praja Parishads

If you dont view correctly plase cliks name of the document in pinck color
RULES FOR THE CONSTITUTION OF FUNCTIONAL COMMITTEES IN EVERY MANADAL
GOVERNMENT OFANDHRA RADESH
ABSTRACT

PR&RD - Mandala Praja Parishads - Constitution of Functional Committees in Mandala Praja Parishads - Orders - Issued.

PANCHAYATI RAJAND RURAL DEVELOPEMENT (MDL-I) DEPARTMENT

GO.Ms. No. 148

Date: 24-04-2008

Read the following: -

l. From the President, M.P. T. Cs Association representation dt. 6.12.2006.
2. From the CPR & RE, HyderabadL„N0. 89/M2/2008, dt. 07.08.2008.

ORDER

As required under 73rd (constitution amendment, Government has devolved powers and responsibilities in respect of (9) subjects. The concerned PRIS' shall have to prepare and implement plans in respect of the activities demarcated by the respective line departments.

2.  As required under 74/1 constitution amendment, each PRI in the district shall have to prepare development plan for each financial year and submit to the District Planning Committee for consolidation into the District Development Plan. In the guidelines issued for plan preparations, provision was made for constitution of sectoral committees for studying the development requirements under various sectors.

3.  In order to facilitate the planning process in the Mandal Parishads, Government of Andhra Pradesh in exercise of powers conferred under subsection (l) of section 268 read with section 161 of A.P.P,R.Act 1994 hereby make the following rules for Constitution of (3) Functional Committees in each of the Mandala Praja Parishads.

1. Functional Committee for Natural Resources Management (Agriculture Animal Husbandry, Fisheries, Watersheds, Drinking Water).
2. Functional Committee for infrastructure (Roads, Culverts and Drains etc.)
3. Functional Committee for Human Resources Management (Education Health, Sanitation, welfare ofSC, ST, Minorities, BCS, Women & Children, Handicapped andAged).

4.  These rules may be called the "Rules for the constitution of the Functional Committees" in every Mandal. The strength of the Functional Committee is qt10tient of the Members of the Mandal Praja Parishads divided by 3.

5.  Composition of Functional Committees: -

1. The President of the Mandala Praja Parishad shall be the Chairperson of the Functional Committee for Natural Resources' Management (Agriculture Animal Husbandry, Fisheries, Watersheds, Drinking Water.)
2. The Vice-President of the Mandala Praja Parishad shall be the Chairperson of the Functional Committee for Infrastructure (Roads, Culverts and Drains etc,).
3. One of the women members of the Mandala Parishad Territorial Constituency as resolved by the Mandala Praja Parishad shall be the Chairperson of the Functional Committee for Human Resources, Management (Education Health, Sanitation, Welfare fo SC, ST, Minorities, BCS, Women, & Children, Handicapped and Aged).
4. The Mandal Parishad Development Officer shall be the member convener of all the functional committees.
5. No member of Mandal Praja Parishad sahll be the member of more then one Committee.

6.  Functions of the Functional Committee: As part of planning exercise, the Functional Committee shall carry out the following activities:

1. Plan Preparation Functions:
   1. The Functional Committees will be responsible to go into the details of the development sector assigned to it and identify the gaps to be filled up in consultation with the line departments and also other stakeholders.
   2. The functional committee prepares the sub plan of the sector with which they are concerned duly taking stock of the mandal level resources available and submit to Mandala Praja Parishad for preparation of consolidated Mandal.
   3. The Functional Committees are also responsible for collecting the relevant data on each of the sector from various sources and make it available to the Mandal Praja Parishad.
   4. While preparing the sub plans the Functional Committees shall focus on the following:
      1. Ensure maximum and judicious utilization of available natural and human resources.
      2. Generate gainful employment opportunities in the sector.
      3. Create required infrastructure.
      4. Ensure that in each of the sub plan, minimum allocation under TSP and SCP are made.
      5. With regard to planning, the Functional Committee shall carry out the activities listed in the annexures.
      6. It shall take stock of the assets of the MPP and review their maintenance and improvement.
      7. It shall ensure displaying of all the details at the work site for greater transparency and accountability.
      8. It shall ensure the "people's estimate" concept is implemented while executing the works.
      9. It shall explore the areas where remunerative enterprises for MPP can be taken up with MPP funds or from funds borrowed from financial institutions.
2. Plan Implementation and Review Functions:
   1. For successful implementation of plan, regular monitoring and evaluation is necessary to increase its effectiveness. The Functional Committee will be responsible for tracking of expenditure under each plan and monitoring of outcomes in respective sector.
   2. As part of monitoring and evaluation, the Functional Committee shall carryout the following activities:
      1. It shall review Utilisation of funds of different Schemes under implementation at Mandala Praja Parishad level.
      2. It shall review the annual State Audit Reports and monitor submission of replies to Audit,
      3. It shall review the status of revenues to MPP and suggest various means for improving the revenues to the MPP
      4. It shall review and monitor the expenditure of different works undertaken in the mandal area and ensure timely completion of works.
      5. It shall enlist the assets created and keep a watch on their maintenance.
      6. It is empowered to review and monitor the activities of the department concerned.

7.  Business Procedure:

1. The Functional Committee shall meet at least once in two months.
2. The Functional Committee have the power of review of the subjects related to each Committee and can make suggestions for improvement to the concerned functionaries of line departments.
3. Agenda of the meeting shall be communicated to all members at least 5 working days in advance.
4. Quorum shall be one third.
5. All the officers of the respective line departments shall attend the meetings and present their reviews,
6. The minutes of the Functional Committees shall be placed before the General Body of the Mandala Praja Parishad.
7. Minutes Book Shai be maintained.
8. The activities under each function/sector coming within the purview of each Functional Committees are listed in the annexure.
9. The Chief Executive Officers of the Zilla Praja Parishad shall take steps for providing proper capacity building to the Members of the respective Functional Committees regarding the line departments at mandal level by coordinating with the Extension Training Centres which are under control of AMR AP Academy of Rural Development.

ANNEXURE
GO.Ms. N0.148, PR&RD (Mdls.l) dated. 24-0402098

Functions of Functional Committees:

1. Functional Committees for Infrastructure (Roads, Buildings, Culverts, and Drains etc.,)
   Functions:
   1. Review the ongoing constructions in MPP area.
   2. Assess basic infrastructure requirement in the mandal.
   3. Review maintenance of Infrastructure assets already created.
2. Functional Committee for Natural Rsources Mana ement:
   (Agriculture, Animal Husbandry, Fisheries, Watersheds, Drinking Water)
   Functions agriculture
   1. Soil and Water Conservation-watershed Development.
   2. Risk Management - Natural Calamities.
   3. Incentive Awards.
   Animal Husband Dairy Development & Fisheries
   1. Veterinary Services.
   2. Fodder development.
   3. livestock Insurance.
   4. Relief works under natural calamities.
   5. Construction and Maintenance of buildings.
   6. Slaughterhouses.
   7. Credit facilitation.
   8. Capacity building of farmers. Fisheries
   Fisheries
   1. Development of inland and marine fisheries.
   2. Welfare schemes for fishermen.
   Rural Development
   1. Watershed Development Programme (DPAP/DDP/IWDP).
   2. Implementation of National Rural Employment Guarantee Scheme.
   3. Distribution of pensions.
   Rural water supply
   1. Review maintenance of Rural Water Supply schemes with assistance of RWS Engineering Department.
   2. Participation in planning for new drinking water schemes.
   3. Programme of Household connections.
   4. Creating awareness through Training Programmes, Seminars and IEC activities on Health, Hygiene and Safe Drinking Water.
   5. Review the water testing reports and Monitoring the Quality of Drinking Water.
   6. Review implementation and monitoring of Total Sanitation.
3. Functional Committee for Human Resources Management.
   (Education Health, Sanitation, welfare of SC, ST, Minorities, BCs, Women & Children, Handi caped and Aged)
   Functions School Education:
   1. Review, inspect and monitor the functioning of institutions in the MPP.
   2. Strive to reduce drop out rate and try for 100% enrolment in primary schools.
   Health, Medical and Family welfare:
   1. Review and monitor the Rural Health Programme under National Rural Health Mission and all other programmes.
   2. Review the supply of medicines and its utilization
   3. Review and monitor the health extension activities in rural areas.
   4. Review and monitor the steps taken to prevent outbreak of epidemics.
   5. Review maintenance of sanitation of Gram Panchayat and guide them to achieve SUBHARM awards
   Social Welfare
   1. Review and monitor the admissions of students in the hostels.
   2. Review and monitor the supply and distribution of school uniforms, books and other materials
   3. Creation of awareness under PCR & POA Acts.
   4. Incentives to inter-caste married couples.
   5. Creation of awareness on bonded labour including child bonded labour.
   Backward Welfare
   1. Review maintenance of hostel buildings.
   2. Review incentives to inter-caste married couples.
   3. Review admission of hostel boarders.
   4. Stitching of uniform dresses to hostel boarders.
   5. Review maintenance of hygiene & sanitation in hostels and surroundings.

MATERNITY BENEFIT ACT, 1961

MATERNITY BENEFIT ACT, 1961
(No. 53 of 1961)1

[12th. December, 1961]

An Act to regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits.

Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:-

1. Short title, extend and commencement. --

1. This Act may be called the Maternity Benefit Act, 1961.
2. It extends to the whole of India ²[* * *]
3. It shall come into force on such date as may be notified in this behalf in the Official Gazette, --
   1. ³[in relation to mines and to any other establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, by the Central Government, and]
   2. in relation to other establishments in s State, by the State Government.

NOTES. – This Act came into force in relation to mines in the territories to which it extends on the 1st. November 1963 – Vide S.O. No. 2920, dated 5th. October, 1963, published in the Gazette of India, Part II, Sec. 3 (ii), dated 12th. October, 1963. This Act came into force in the whole of Uttar Pradesh with effect from 22nd. February 1974, vide notification No. 512 (V)-2/36-5-13 (V) 72, dated 22nd. February 1974.

2. Application of Act. --

1. It applies in the first instance, to every establishment being a factory, mine or plantation ⁴[including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances]:

   Provided that the State Government may, with the approval of the Central Government,after giving not less than two months’ notice of its intention of so doing, by notification In the official on In the official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.

2. ⁵[Save as otherwise provided in ⁶[sections 5A and 5B] nothing contained in this Act]shall apply to any factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (84 of 1948), apply for the time being.

1. Received the assent of the President on the 12th. December, 1961 and published in the Gazette of India,Extraordinary, dated 13th. December 1961. For Statement of Objects and Reasons see Gazette of India, Extraordinary, Part II, dated 6th. December 1960.
2. Words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, Sec. 2 and Sch.
3. Subs. by Act 52 of 1973, Sec. 2, w.e.f. 1-3-1975 – Vide notification No. S.O. 113A (E), dated 27-2-1975.
4. Subs. by Aci 52 of 1973, S.3.
5. Subs. by Aci 21 of 1972, S.2
6. Subs. by Act 53 of 1976, sec. 2, for “section 5A”. Act 53 of 1976 came into force w.e.f. 1-5-1976 – Vide notification No. S.O. 337 (E), dated 30-4-1976.

Contd.page.2

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3. Definitions. -- In this Act, unless the context otherwise requires, --

1. “appropriate Government” means in relation to an establishment being a mine ⁷[or an establishment where persons are employed for the exhibition of questrian, acrobatic and other performances], the Central Government and in relation to any other establishment, the State Government;
2. “child” includes a still-born child;
3. “delivery” means the birth of a child;
4. “employer” means –
   1. in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department;
   2. in relation to an establishment which is under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;
   3. in any other case, the person who are the authority which has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;
5. ⁸[“establishment” means –
   1. a factory;
   2. a mine;
   3. a plantation;
   4. an establishment wherein persons are employed for the exhibition of equestrian, acrobatics and other performances; or
   5. an establishment to which the provisions of this Act have been declared under sub-section (4) of section 2 to be applicable;]
6. “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);
7. “Inspector” means an Inspector appointed under section 14;
8. “maternity benefit” means the payment refereed to in sub-section (1) of section 5;
9. “mine” means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952)
10. “miscarriage” means expulsion of the contents of a pregnant uterus at ay period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage the causing of which ins punishable under the Indian Penal Code (45 of 1860);
11. “plantation” means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);
12. “prescribed” means prescribed by rules made under this Act;
13. “State Government” in relation to a Union territory, means the Administrator thereof;
14. “wages” means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes –
    1. such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to;
    2. incentive bonus; and
    3. the money value of the concessional supply of foodgrains and other articles,but does not include –
       1. any bonus other than incentive bonus;
       2. overtime earnings and any deduction or payment made on account of fines;
       3. any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and
       4. any gratuity payable on the termination of service;
15. “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.

NOTES. –Sec 3 (f). – A factory does not include a mine subject to the operation of the Mines Act, 152, or a railway running-shed.
Sec. 3 (j) – The definition of miscarriage is similar to the definition as given in Sec. 2 (14-B) of the Employees’ State Insurance Act, 1948.

7 Added by Act 52 of 1973, S. 4.
8 Subs. by Act 52 of 1973, S. 4.

Contd.page.3

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4. Employment of, or work by, women prohibited during certain period. --

1. No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
2. No woman shall work in any establishment during the six weeks immediately following the day of her delivery of her miscarriage.
3. Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
4. The period referred to in sub-section (3) shall be –
   1. at the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
   2. any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.

5. Right to payment of maternity benefit. --

1. Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.

   Explanation. – For the purpose of this sub-section, the average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher.

2. No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery:

   Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

   Explanation: - For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid-off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

3. The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day:

   Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:

Provided further that where a woman, having been delivered of a child dies during her delivery or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following the day of her delivery but if the child also dies during the said period, then for the days up to and including the day of the death of the child.

NOTES. – The term “week” means a cycle of seven days including Sundays;

B. Shah V. Presiding Officer, A.I.R. 1978 S. C. 12.

⁹[5-A. Continuance of payment of maternity benefit in certain cases. -- Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under Sec. 50 of that Act.]

¹⁰[5-B. Payment of maternity benefit in certain cases. -- Every woman –

1. who is employed in a factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (34 of 1948), apply;
2. whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (a) of section 2 of that Act; and
3. who fulfils the conditions specified in sub-section (2) of section 5, shall be entitled to the payment of maternity benefit under this Act].

9. Ins. By Act 21 of 1972, S. 3.
10.  Ins. By Act 53 of 1976, S. 3.

Contd.page.4

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6. Notice of claim for maternity benefit and payment thereof. --

1. Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer,stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
2. In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
3. Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
4. On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery.
5. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
6. The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

NOTES. – See also Sec. 50 of the Employees’ State Insurance Act, 1948, for conditions under which a woman becomes qualified to claim maternity benefit under this Act.

7. Payment or maternity benefit in case of death of a woman. -- If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.

8. Payment of medical bonus. -- Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

Contd.page.5

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9. Leave for miscarriage. -- In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage.

10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage. -- A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

11. Nursing breaks. -- Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

12. Dismissal during absence or pregnancy. --

1. Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
2. 1. The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:

      Proved that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.

   2. Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final.
   3. Nothing contained in this sub-section shall affect the provisions contained in subsection (1).

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13. No deduction of wages in certain cases. -- No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of –

1. the nature of work assigned to her by virtue of the provisions contained in subsection (3) of section 4 : or
2. breaks for nursing the child allowed to her under the provisions of section 11.

14. Appointment of Inspectors. –The appropriate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to by Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their function under this Act.

15. Powers and duties of Inspectors. -- An Inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely: -

1. enter at all reasonable times with such assistants, if any, being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where women are employed or work is given to them in an establishment, for the purposes or examining any registers, records and notices required to be kept or exhibited by or under this Act and require their production for inspection;
2. examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment:

   Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself:

3. require the employer to give information regarding the names and addresses of women employed, payments made to them, and applications or notices received form them under this Act; and
4. (d) take copies of any registers and records or notices or any portions thereof.

16. Inspectors to be public servants. -- Every Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

17. Power of Inspector to direct payments to be made. --

1. Any woman claiming that maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld, may make a complaint to the inspector.
2. The Inspector may, of his own motion or on receipt of a complaint referred to in subsection (1), make an enquiry or cause an inquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders.
3. Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such person, appeal to the prescribed authority.
4. The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the Inspector where no such appeal has been preferred, shall be final.
5. Any amount payable under these sections shall be recoverable as an arrear of lane revenue.

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18. Forfeiture of maternity benefit. -- If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, he shall forfeit her claim to the maternity benefit for such period.

19. Abstracts of Act and rules thereunder to be exhibited. -- An abstract of the provisions of this Act and the rules made thereunder in the language or languages of the locality shall be exhibited I a conspicuous place by the employer in every part of the establishment in which women are employed.

20. Registers, etc. – Every employer shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed.

21. Penalty for contravention of Act by employers. -- If any employer contravenes the provisions of this Act or the rules made thereunder he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall in addition recover such maternity benefit or amount as if it were a fine, and pay the same to the person entitled thereto.

22. Penalty for obstructing Inspector. -- Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuance of this Act or the rules made thereunder or conceals or prevents any person from appearing before or being examined by an Inspector, shall be punishable with imprisonment which ma extend to three months, or with fine which may extend to five hundred rupees or with both.

23. Cognizance of offences. --

1. No prosecution for an offence punishable under this Act or any rule made thereunder shall be instituted after the expiry of one year from the date on which the offence is alleged to have been committed and no such prosecution shall be instituted except by, or with the previous sanction of, the Inspector; Provided that in computing the period of one year aforesaid, the time, if any, taken for the purpose of obtaining such previous sanction shall be excluded.
2. No court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any such offence.

NOTES. – Sections 21 to 23 deal with penalties under the Act and procedure to try offences committed under this Act.

Contd.page.8

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24. Protection of action taken in good faith. -- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder.

25. Power of Central Government to give directions. -- The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution the provisions of this Act and the State Government shall comply with such directions.

26. Power to exempt establishments. -- If the appropriate Government is satisfied that having regard to an establishment or a class of establishments providing for the grant of benefit which are not less favourable than those provided in this Act, it is necessary so to do, it may, by notification in the Official Gazette, exempt subject to such conditions and restrictions, if any, as may be specified in the notifications, the establishment or class of establishments from the operation of all or any of the provisions of this Act or of any rule made thereunder.

27. Effect of laws and agreements inconsistent with this Act. --

1. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act:

   Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefit in respect of other matters under this Act.

2. Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter, which are more favourable to her than those to which she would be entitled under this Act.

Contd.page.9

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28. Power to make rules. --

1. The appropriate Government may, subject to the condition of previous publication and by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for –
   1. the preparation and maintenance of registers, records and muster rolls;
   2. the exercise of powers (including the inspection of establishments) and the performance of duties by Inspectors for the purposes of this Act;
   3. the method of payment of maternity benefit and other benefits under this Act in so far as provision has not been made therefore in this Act;
   4. the form of notices under section 6:
   5. the nature of proof required under the provisions of this Act;
   6. the duration of nursing breaks referred to in section 11;
   7. acts which may constitute gross misconduct for purposes of section 12;
   8. the authority to which an appeal under clause (b) of sub-section (2) of section 12 shall lie, the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof;
   9. the authority to which an appeal shall lie against the decision of the Inspector under section 17; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof;
   10. the form and manner in which complaints be made to Inspectors under subsection (1) of section 17 and the procedure to be followed by them when making inquiries or causing inquiries to be made under sub-section (2) of that section;
   11. any other matter which is to be, or may be, prescribed.
3. Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session ¹¹[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session, aforesaid,] both Houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

29. Amendment of Act 69 of 1951. -- In section 32 of Plantation Labour Act, 1951, --

1. in sub-section (1), the letter and brackets “(a)” before the words “in the case of sickness,” the word “and” after the words “sickness allowance”, and clause (b) shall be omitted.
2. In sub-section (2), the words “or maternity” shall be omitted.

30. Repeal. -- On the application of this Act. –

1. to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and Maternity Benefit Act, 1929 (Bom. Act VII of 1929), as in force in that territory, shall stand repealed.

11. Subs. by Act 52 of 1973, S. 5.

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Importance of Grama Sabha and It's Challenges

గ్రామసభ

ఏ దేశములో గాని ప్రభుత్వం ప్రజా సంక్షేమం కోసం ప్రజల వద్ద నుండి పన్నుల రూపేణ నిధులు సమకూర్చు కొంటుంది. అంటె ప్రభుత్వం ప్రజల వద్ద నుండి పన్నుల ద్వార వసూలు చేయబడిన నిధులతోనే ప్రజల మౌళిక వసతులకు సంబంధించిన అవసరాలు తీర్చడానికి మరియు ఇతర సంక్షేమ పథకాలు అమలు చేయడానికి ఖర్చు పెడుతుంది. సమ సమాజ స్థాపనే లక్ష్యంగా ప్రతి ప్రభుత్వం పనిచేయాలి. కాని స్వాతంత్య్రము వచ్చినప్పటినుండి సమ సమాజ స్థాపన జరగక పోగా పేదరికానికి ధనిక వర్గానికి మద్య వ్యత్యాసము పెరుగుతూ పోతున్నది. దేశ సంపద ఏ కొద్దిమంది వ్యక్తుల వద్దే కేంద్రీకృతం అవుతున్నది అనేది జగమెరిగిన సత్యం. దీనికి ప్రధాన కారణము ప్రభుత్వం, పేద వర్గాల అభ్యున్నతి కొరకు ఖర్చు పెడుతున్న నిధుల గురించి పల్లె ప్రజానీకానికి ముఖ్యంగా పల్లెలో ఉంటున్న అణగారిన వర్గాల వారికి, వారి హక్కుల గురించి, ప్రభుత్వ పథకాల లో వారి అర్హత (హక్కుల) గురించి సరైన అవగాహన లేక పోవడమే ప్రధాన కారణంగా చెప్పుకోవచ్చు. అందు కొరకు ప్రజలకు సాధికారత కల్పించడానికి భారత ప్రభుత్వము 73 వ రాజ్యాంగ సవరణ తీసుకొచ్చి ప్రజలకు గల అధికారాన్ని గ్రామ సభను రాజ్యాంగములోని 243ఏ అధికరణమునందు పొందుపరచి గ్రామ సభకు రాజ్యాంగ బద్దత కల్పించింది. రాజ్యాంగ సవరణకు ముందు కూడా మన రాష్ట్ర ప్రభుత్వము గ్రామ పంచాయతీలలో గ్రామసభ గురించిన చట్టం చేయడం జరిగింది కాని పంచాయతీల పాలన కొరకు గ్రామసభ అని దానిని నిర్వహించవలసిన బాద్యత గ్రామపంచాయతీలదని ప్రజలు ఇంతకు ముందు అనుకునేవారు. కాని గ్రామసభలో ప్రజల బాధ్యత ఉందని దానిలో స్థానిక ప్రభుత్వము అయిన గ్రామ పంచాయతీల పని తీరును ప్రశ్నించవచ్చని ఏనాడు ప్రజలు అనుకోలేదు, కాబట్టి ప్రజలకు ఉన్న అధికారము వారికి తెలిసి రాలేదు. దాని ఉద్దేశము అప్పుడు, ఇప్పుడు కూడా పరిపాలన లో పారదర్శకత పెంపొందించడానికి, మరియు ప్రజలకు సాధికారత కల్పించడానికి ఉద్దేశించినది. కాని ప్రజలు మాత్రం గ్రామసభ నిర్వహించడం అనేది పంచాయతీకి సంబంధించినది అని మరియు ప్రభుత్వం వేరు ప్రజలు వేరు అని ఇంత వరకు అనుకుంటున్నారు మరియు ఇప్పటికీ కూడా చాలా మంది అదే భావనలో ఉన్నారు. రాజ్యాంగం ప్రకారము ప్రజా ప్రభుత్వములో ప్రజలే పాలకులని వారికేది కావాలో వారే నిర్ణయించుకునే అధికారము వారి కుందని చాలా కొద్దిమందికి మాత్రమే తెలుసు. ప్రజా ప్రతినిధులను ఎన్నుకోవడం అంటె వారికి (ప్రజలకు) బదులుగా పరిపాలించడానికి, ఇంకొకరికి ప్రజలు ఓటు ద్వార అధికారము కట్టబెడుతున్నారు. ఓటు ద్వార ఆ అధికారము పొందిన వారు, ముఖ్యంగా స్థానిక ప్రభుత్వ ప్రజా ప్రతినిధిగా గెలిచి స్థానిక ప్రభుత్వ అధికార పగ్గాలు చేపట్టిన వారు తమ ఆలోచనలకు, ఆశయాలకు అనుగుణంగా పనిచేస్తున్నారా లేదా అని, పర్యవేక్షించే బాధ్యతను ప్రజలు మరిచి పోతున్నారు. ఆ పర్యవేక్షణకు సంబంధించిన ఏకైక అవకాశము గల వేదికే గ్రామసభ. అలాంటి గ్రామసభ కు గల అధికారాలు, దానిలో ఎవరు ఏ అంశాలకు బాధ్యులు అనే విషయాలను రాజ్యాంగ పరంగా సంక్రమించిన అధికారములు మరియు తెలంగాణ పంచాయతీ రాజ్‌ చట్టం, 2018 ద్వార సంక్రమించిన అధికారాల గురించి ప్రజా ప్రతినిధులకు, ప్రజలకు మరియు గ్రామస్థాయిలో పని చేస్తున్న ప్రభుత్వ ఉద్యోగులకు తెలియజేయాలనేదే ఈ వ్యాసం యొక్క ముఖ్య ఉద్దేశ్యము.

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రాజ్యాంగములో గ్రామసభ: భారత రాజ్యాంగములోని 243 ఎ అధికరణము ప్రకారము రాష్ట్ర శాసనసభ చట్టము ద్వార గ్రామస్థాయిలో తగిన అధికారాలను, విధులను నిర్వహించుటకు తగిన అధికారాలను గ్రామసభకు దఖలు పర్చాలని భారత రాజ్యాంగము చెపుతోంది.

రాజ్యాంగములోని అధికరణమునకు అనుసరించి మన రాష్ట్ర ప్రభుత్వం తెలంగాణ పంచాయతీరాజ్‌ చట్టం 2018 సెక్షను 6 ద్వార తగిన అధికారాలను గ్రామసభకు కల్పించింది. దీని నే ఇంకో విధంగా చెప్పాలి అంటె గ్రామస్థాయిలోని ప్రభుత్వము పనితీరును మరియు ఆ స్థాయిలో పనిచేయు ప్రభుత్వ ఉద్యోగుల పనితీరును సమీక్షించు అధికారము ప్రజలకు ఇవ్వబడినది. ఇది తెలియని ప్రజలు గ్రామ సభకు హాజరు కాకుండా వారికున్న అదికారమును కోల్పోతున్నారు.

గ్రామ స్వరాజ్ కోసం గాంధీజీ దార్శనికత:

• గ్రామాలు స్వయం సమృద్ధి సాధించే దిశగా తమ ఆహారాన్ని తామే పండించుకునే స్థితి లోకి రావాలి. మరియు తమ వస్త్రాన్ని తామే ఉత్పత్తి చేసుకోగల సామర్థ్యాన్ని సాధించాలి.
• ప్రాథమిక కోర్సు వరకు విద్య తప్పనిసరి చేయాలి.
• గ్రామ సమాజం అహింస మరియు సత్యాగ్రహాన్ని అనుసరించాలి.
• చాలా కార్యకలాపాలు సహకార ప్రాతిపదికన నిర్వహించబడాలి.
• గ్రామాలకు ప్రాథమిక ఆరోగ్య సంరక్షణ మరియు పునరుత్పత్తి, పిల్లల ఆరోగ్య సౌకర్యాలు ప్రజలకు అందుబాటులో ఉండాలి.
• గ్రామాలలో చురుకైన గ్రామసభలు, మహిళా స్వయం సహాయక బృందాలు మరియు యువజన సంఘాలు ఉండాలి.

జయప్రకాష్ నారాయణ్ అభిప్రాయం ప్రకారం

• “గ్రామసభ అంటే ప్రత్యక్ష ప్రభుత్వం మరియు ప్రత్యక్ష ప్రజాస్వామ్యంతో కూడిన గ్రామ ప్రజాస్వామ్యం. పంచాయతీ మరియు గ్రామసభ మధ్య సంబంధం మంత్రి వర్గము మరియు శాసన సభ సంబంధంలా ఉండాలి.

గ్రామసభ ప్రాముఖ్యత

• గ్రామసభ పంచాయతీరాజ్ వ్యవస్థలో అతి ముఖ్యమైన సంస్థ.
• గ్రామాభివృద్ధికి వ్యూహాలను రూపొందించడం, పాలక నిబంధనల అమలుకు ఇది బాధ్యత వహిస్తుంది.
• ఇది గ్రామ ప్రజల ప్రాథమిక సౌకర్యాలను కూడా చూసుకుంటుంది.
• ఇది గ్రామంలోని సామాజిక ఆస్తులకు సంరక్షకుడిగా కూడా ఉంటుంది.
• విద్య, శాంతిభద్రతలు, ప్రాథమిక ఆరోగ్య సేవలు గ్రామసభ యొక్క ఇతర బాధ్యతలు.
• ఇది గ్రామ పంచాయతీ తీసుకున్న తప్పుడు నిర్ణయాలను కూడా తనిఖీ చేస్తుంది.
• ఇది ఎన్నికైన ప్రతినిధులపై నిఘా ఉంచుతుంది మరియు వారిని ఎన్నుకున్న వ్యక్తులకు వారిని జవాబుదారీగా చేస్తుంది.
• గ్రామసభ సమావేశాలకు హాజరు కావడం అందరి సభ్యులకు ముఖ్యం ఎందుకంటే సమావేశాలలో చర్చించబడిన వివిధ ప్రణాళికల కార్యకలాపాలలో పాల్గొనడానికి ఇది ఏకైక మార్గం.
• గ్రామసభ సభ్యులు వేర్వేరు ప్రాంతాలకు ప్రాతినిధ్యం వహిస్తారు. కాబట్టి, వారు తమ స్థానిక సమస్యలను మరియు అభివృద్ధి కార్యక్రమాలను సమావేశాలలో ఉంచడం చాలా ముఖ్యం.
• ఎవరైనా గ్రామ సభా సమావేశాలకు గైర్హాజరైతే, వారి ఆసక్తులు విస్మరించబడవచ్చు.
• పారదర్శకతను ప్రోత్సహిస్తుంది
• జవాబుదారీతనాన్ని ప్రోత్సహిస్తుంది
• ప్రజా భాగస్వామ్యాన్ని ప్రోత్సహిస్తుంది
• సామాజిక సంక్షేమాన్ని ప్రోత్సహిస్తుంది
• సమానత్వాన్ని ప్రోత్సహిస్తుంది
• స్థానిక ప్రభుత్వ వ్యవస్థలో ఇది ఏకైక శాశ్వత యూనిట్
• చిన్న గ్రామాలలో కూడా గ్రామ సభలు జరుగుతాయి
• గ్రామ పంచాయతీలో గ్రామసభ అనేది స్థూల స్థాయి ప్రజాస్వామ్య వ్యవస్థ.
• గ్రామ పంచాయతీ పనితీరును పర్యవేక్షిస్తుంది,
• గ్రామ పంచాయతీకి సలహా సహకారాలను అందిస్తుంది,
• అభివృద్ధి కార్యక్రమాల కోసం లబ్ధిదారులను ఎంపిక చేస్తుంది మరియు సామాజిక తనిఖీలను నిర్వహిస్తుంది.
• వికేంద్రీకృత ప్రణాళికను కలిగి ఉండటం వలన
• సామాజిక న్యాయం చేయడం,
• స్థానిక స్థాయిలో సమస్యలను గుర్తించడం, ప్రాధాన్యతను నిర్ణయించడం
• పరిష్కారాలను కనుగొనడం,
• మరియు గ్రామీణాభివృద్ధి కార్యక్రమాలు అమలు చేయడం.

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గ్రామసభ సమావేశాలకు సవాళ్ళు

గ్రామసభ సమావేశాలకు సవాళ్లలో తక్కువ అవగాహన మరియు భాగస్వామ్యం, స్పష్టమైన అజెండాలు మరియు సరైన నిర్మాణం లేకపోవడం, రాజకీయ జోక్యం మరియు తగినంత వనరులు లేకపోవడం, చివరికి ఈ కీలకమైన స్థానిక పాలనా సంస్థల ప్రభావవంతమైన పనితీరుకు ఆటంకం కలిగిస్తాయి.

సవాళ్ల యొక్క మరింత వివరణాత్మక వివరణ:

1. తక్కువ అవగాహన మరియు భాగస్వామ్యం:
   • అవగాహన లేకపోవడం: చాలా మంది గ్రామస్తులకు గ్రామసభ సమావేశాల ప్రాముఖ్యత మరియు విధుల గురించి తెలియదు, దీని ఫలితంగా తక్కువ హాజరు మరియు భాగస్వామ్యం ఏర్పడుతుంది.
   • తక్కువ హాజరు: ప్రజలు తెలుసుకున్నప్పటికీ, పని నిబద్ధతలు, సమయం లేకపోవడం లేదా ప్రక్రియ పట్ల ఉదాసీనత వంటి కారణాల వల్ల హాజరు తక్కువగా ఉండవచ్చు.
   • అసమాన భాగస్వామ్యం: మహిళలు మరియు అణగారిన వర్గాలు తరచుగా పాల్గొనడానికి అడ్డంకులను ఎదుర్కొంటారు, వీటిలో సామాజిక నిబంధనలు, సమాచారానికి ప్రాప్యత లేకపోవడం మరియు మాట్లాడటానికి భయం ఉన్నాయి.
2. స్పష్టమైన అజెండాలు మరియు సరైన సమాచారము లేకపోవడం:
   • తాత్కాలికవాదం: సమావేశాలు కొన్నిసార్లు స్పష్టమైన అజెండా లేదా సరైన సమాచారము లేకుండా నిర్వహించబడతాయి, దీని వలన దృష్టి మరియు దిశ లేకపోవడం జరుగుతుంది.
   • ఆచారబద్ధమైన ప్రవర్తన: కొన్ని సందర్భాల్లో, గ్రామసభ సమావేశాలను కేవలం లాంఛనాలుగా పరిగణిస్తారు, నిజమైన చర్చ లేదా నిర్ణయం తీసుకోవడం చాలా తక్కువ.
   • సమాచారం లేకపోవడం: సమావేశాలు, అజెండాలు మరియు తీర్మానాల గురించి సమాచారం ఎల్లప్పుడూ ప్రజలకు సమర్థవంతంగా వ్యాప్తి చేయబడదు.
3. రాజకీయ జోక్యం మరియు జవాబుదారీతనం లేకపోవడం:
   • రాజకీయ జోక్యం: ఉన్నత స్థాయిలో ఎన్నికైన ప్రతినిధుల జోక్యం గ్రామసభ స్వయంప్రతిపత్తిని దెబ్బతీస్తుంది మరియు ప్రజల అవసరాలను ప్రతిబింబించని నిర్ణయాలకు దారితీస్తుంది.
   • జవాబుదారీతనం లేకపోవడం: ఎన్నికైన ప్రతినిధులు మరియు పంచాయతీ అధికారులలో తరచుగా జవాబుదారీతనం లేకపోవడం ఉంటుంది, వారు గ్రామసభ తీర్మానాలను తీవ్రంగా పరిగణించకపోవచ్చు.
   • అమలు లేకపోవడం: తీర్మానాలు ఆమోదించబడినప్పటికీ, అవి ఎల్లప్పుడూ అమలు చేయబడవు, ఇది గ్రామస్తులలో నిరాశ మరియు నిష్క్రియాత్మకతకు దారితీస్తుంది.
4. వనరుల పరిమితులు:
   • నిధుల కొరత: గ్రామసభ ఆమోదించిన ప్రాజెక్టులు మరియు కార్యక్రమాలను అమలు చేయడానికి పంచాయతీలకు తరచుగా తగినంత నిధులు ఉండవు.
   • వనరుల కొరత: సిబ్బంది మరియు మౌలిక సదుపాయాలతో సహా పరిమిత వనరులు గ్రామసభ ప్రభావవంతమైన పనితీరుకు ఆటంకం కలిగిస్తాయి.
   • సమన్వయం లేకపోవడం: రాష్ట్ర మరియు కేంద్ర స్థాయిలో వివిధ పరిపాలనా సంస్థల మధ్య సమన్వయ లోపం ఉండవచ్చు, దీని వలన నిధుల విడుదలలో జాప్యం మరియు వనరుల వినియోగం తక్కువగా ఉంటుంది.

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