Lok Sabha Question No. 1289 (UNSTARRED), answered on 2017-02-09
Subject: Powers to Gram Panchayats
Ministry: PANCHAYATI RAJ
Asked by: RAJESH VERMA

## GOVERNMENT OF INDIA MINISTRY OF PANCHAYATI RAJ

## LOKSABHA

## UNSTARRED QUESTION NO. 1289

TO BE ANSWERED ON 09.02.2017

## POWERS TO GRAM PANCHAYATS

## † 1289. SHRI RAJESH VERMA :

Will the Minister of PANCHAYATI RAJ be pleased to state:

- a) the  powers  conferred  to  the  Gram  Panchayats  under  73 rd Constitution  Amendment Act;
- b) whether  the  Union  Government  proposes  to  delegate  all  the  powers  to  the  Gram Panchayats under the 73 rd Constitution Amendment Act;
- c) if so, the details thereof and time by which it is likely to be conferred; and
- d) if not, the reasons therefor alongwith the steps proposed to be taken thereon?

## ANSWER MINISTER OF STATE IN THE MINISTRY OF PANCHAYATI RAJ (SHRI PARSHOTTAM RUPALA)

(a) & (b):  'Panchayats' being 'Local Bodies' is a State subject mandated under Part IX, and List  II  (State  List)  of  Seventh  Schedule  (Article  246)  of  the  Constitution  of  India.  Article 243G of Part IX of the Constitution allows discretion to State Legislatures to endow, to the three-tier Panchayats including Gram Panchayats, with powers and authority to enable them to function as institutions of local self-governance including in areas illustratively listed in the Eleventh Schedule of the Constitution ( Annexe-I ).  There  is  wide  variation  in  the  extent  of devolution  of  powers  to  Gram  Panchayats  to  plan,  implement  and  monitor  schemes  for economic  development  and  social  justice.  The  status  of  devolution  of  powers  to  Gram Panchayats (GPs) is given at Annexe II .

(c) & (d): The implementation of the provisions of Part IX of the Constitution introduced by the  73 rd Constitution  Amendment,  including  devolution  of  powers  to  Gram  Panchayats  by States, is reviewed by the Government from time to time through studies and discussions with the  States.  The  Ministry  of  Panchayati  Raj  (MoPR)  has  continuously  persuaded  the  State Governments to devolve powers to Panchayats and also provides assistance to the States/UTs for capacity building of Panchayats to enable them to perform devolved functions effectively and efficiently. The annual Devolution Index Report and the State of Panchayati Raj Reports commissioned by the MoPR assess the policy and legislative framework and outcomes of the powers devolved and utilised by the Panchayats  in the States. States and Union Territories ranking higher on Devolution Index are awarded on 24 th April, National Panchayat Day. The MoPR  has  also  finalised  and  shared  with  States  the  guidelines  for  Gram  Panchayat Development  Plan  (GPDP),  which  envisages  that  the  States  where  the  Constitutional provisions of Panchayats apply should set up empowered committees at States, District and Block level for monitoring and facilitation of convergent planning by the Gram Panchayats under  their  respective  GPDP  guidelines.  All  Part-IX  States  have  finalized  their  respective GPDP guidelines thereby putting in place the above arrangements.

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## Annex I referred to in reply to Part (a) & (b) of Lok Sabha Unstarred Question No. 1289 for reply on 09.02.2017

## ELEVENTH SCHEDULE (Article 243G)

1. Agriculture, including agricultural extension.
2. Land  improvement,  implementation  of  land  reforms, land consolidation and soil conservation.
3. Minor irrigation, water management and watershed development.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries, including food processing industries.
9. Khadi, village and cottage industries.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts,  bridges,  ferries,  waterways  and  other  means  of communication.
14. Rural electrification, including distribution of electricity.
15. Non-conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities.
22. Markets and fairs.
23. Health and sanitation, including hospitals, primary health centers and dispensaries.
24. Family welfare.
25. Women and child development.
26. Social  welfare,  including  welfare  of  the  handicapped  and mentally retarded.
27. Welfare  of  the  weaker  sections,  and  in  particular,  of  the Scheduled Castes and the Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets.

## Annex-II

## Annex II referred to in reply to Parts (a) & (b) of Lok Sabha Unstarred Question No. 1289 for reply on 09.02.2017

## Status of devolution of departments/subjects with functions to the Panchayati Raj Institutions in States/UTs

|   SI. No | State/UT                  | No. and names of the Departments/subjects Transferred to Panchayats Functions                                                                                                                                                                                                      |
|----------|---------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        1 | Andaman & Nicobar Islands | All the functions (29 subjects) have been transferred to the PRIs                                                                                                                                                                                                                  |
|        2 | Andhra Pradesh            | 22 Government Orders (GOs) issued during 1997-2002. Further, 10 line departments have devolved certain powers to PRIs.                                                                                                                                                             |
|        3 | Arunachal Pradesh         | 29 subjects have been devolved. Government Orders covering 20 departments have been issued, but not yet implemented. PRIs can exercise the powers of supervision and monitoring the implementation of plans in respect of all subjects coming under their respective jurisdiction. |
|        4 | Assam                     | Activity-mapping done for 23 subjects. But Government Orders have been issued only for 7 subjects by 6 departments.                                                                                                                                                                |
|        5 | Bihar                     | Activity Mapping of 20 Departments have been completed regarding the 29 subjects listed in the 11 th Schedule of the Constitution and accordingly, all concerned Departments have issued orders delegating powers to the Panchayats.                                               |
|        6 | Chhattisgarh              | Activity Mapping of 27 matters has been undertaken. GOs not issued.                                                                                                                                                                                                                |
|        7 | Goa                       | 18 matters have been devolved to GPs, while 6 matters devolved to ZPs.                                                                                                                                                                                                             |
|        8 | Gujarat                   | 14 functions have been completely devolved and 5 are partially devolved.                                                                                                                                                                                                           |
|        9 | Haryana                   | Government Orders have been issued for 10 deptts.                                                                                                                                                                                                                                  |
|       10 | Himachal Pradesh          | 27 out of 29 subjects have been devolved to PRIs.                                                                                                                                                                                                                                  |
|       11 | J&K                       | State Govt. has issued Government Orders notifying activity mapping. Funds have been devolved in a limited sense. Functionaries have been identified in the Activity Mapping document who will assist Panchayats in carrying out assigned functions but have not been transferred. |
|       12 | Jharkhand                 | Three departments, namely, Agriculture, Social Welfare and Primary Education have devolved functions to PRIs by Departmental Notification.                                                                                                                                         |
|       13 | Karnataka                 | Karnataka has delegated all 29 subjects to PRI by notifying Activity Mapping.                                                                                                                                                                                                      |
|       14 | Kerala                    | Activity mapping for all 29 functions done and activities                                                                                                                                                                                                                          |

|    |                | devolved to Panchayats.                                                                                                                                                                                                                                                                                                                                               |
|----|----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 15 | Madhya Pradesh | Government Orders containing the Activity Mapping in respect of 25 matters pertaining to 22 deptts. have been issued.                                                                                                                                                                                                                                                 |
| 16 | Maharashtra    | 11 subjects have been fully devolved. For 18 subjects, schemes are implemented by PRIs.                                                                                                                                                                                                                                                                               |
| 17 | Manipur        | Government Orders have been issued devolving functions related to 22 departments.                                                                                                                                                                                                                                                                                     |
| 18 | Odisha         | 11 departments have devolved 21 subjects.                                                                                                                                                                                                                                                                                                                             |
| 19 | Punjab         | The devolution of 7 key departments relating to 13 subjects have been approved.                                                                                                                                                                                                                                                                                       |
| 20 | Rajasthan      | Five Departments have transferred all functions up to district level to PRIs. Fresh Activity Mapping of above 5 Departments has been done.                                                                                                                                                                                                                            |
| 21 | Sikkim         | All 29 subjects have been devolved as per legislation. Activity Mapping has been conducted for 20 subjects covering 16 departments.                                                                                                                                                                                                                                   |
| 22 | Tamil Nadu     | Government of Tamil Nadu has delegated supervision and monitoring powers of 29 subject to PRIs                                                                                                                                                                                                                                                                        |
| 23 | Telengana      | Certain Powers have been delegated to PRIs in respect of 10 Departments namely: Agriculture & Agriculture Extension, Animal Husbandry Dairy & Poultry, Fisheries, Rural Development, Drinking Water & Sanitation, Primary Secondary &Adult Education, Health PHC Dispensaries & Family Welfare, Social Welfare, Backward Class Welfare and Women & Child Development. |
| 24 | Tripura        | So far Government Orders have been issued devolving irrigation schemes, primary schools and activities related to adult and non- formal education, women and child development and social welfare.                                                                                                                                                                    |
| 25 | Uttar Pradesh  | 16 subjects relating to 12 departments have been devolved to PRIs.                                                                                                                                                                                                                                                                                                    |
| 26 | Uttarakhand    | Master Government Order on transferring financial and administrative powers on 14 subjects has been issued in 2003.                                                                                                                                                                                                                                                   |
| 27 | West Bengal    | State Govt. agrees with transfer of 28 subjects. 14 departments have so far issued matching GOs transferring 27 subjects.                                                                                                                                                                                                                                             |
| 28 | Daman &Diu     | 12 subjects have been fully devolved and 10 subjects have been partially devolved.                                                                                                                                                                                                                                                                                    |
| 29 | Puducherry     | 22 functions have been devolved to the PRIs.                                                                                                                                                                                                                                                                                                                          |
| 30 | Lakshadweep    | All Schemes and programmes being implemented by five major departments, viz Education, Medical & Health Services, Fisheries, Animal Husbandry, and Agriculture have been transferred to the PRIs w.e.f 1 st April 2010.                                                                                                                                               |

| 31.   | Chandigarh   | A committee constituted by the Chandigarh Administration recommended transfer of some functions of 12 Departments. However, the State Govt. felt that such an exercise of devolving the functions to PRIs would only be an interim measure because fast urbanization would result in villages becoming part of Municipal Corporation in near future.   |
|-------|--------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

Note: Mizoram, Meghalaya and Nagaland are exempt.

-  Delhi has no Panchayats.