Lok Sabha Question No. 3074 (UNSTARRED), answered on 2016-08-04
Subject: Delegation of Power to Panchayats
Ministry: PANCHAYATI RAJ
Asked by: SATISH CHANDRA DUBEY

## GOVERNMENT OF INDIA

## MINISTRY OF PANCHAYATI RAJ LOK SABHA UNSTARRED QUESTION NO. 3074 TO BE ANSWERED ON 04.08.2016

## DELEGATION OF POWER TO PANCHAYATS

## † 3074. SHRI SATISH CHANDRA DUBEY

Will the Minister of PANCHAYATI RAJ be pleased to state:

- (a) whether delegation of powers to the panchayats has not been successful and desired results have not been achieved in this regard;
- (b) if so, the State-wise details thereof including Bihar along with the reasons therefor, and
- (c) the steps being taken by the Government in this regard?

## ANSWER

## MINISTER OF STATE FOR PANCHAYATI RAJ (SHRI PARSHOTTAM RUPALA)

(a)  &  (b):  Under  Article  243G  of  Part  IX  of  the  Constitution,  State  Legislatures  are  to endow,  to  the  Panchayats  with  powers  and  authority  to  enable  them  to  function  as institutions  of  local  self-governance.  Article  243G  allows  discretion  to  the  States  in  the matter of devolution of powers to Panchayats. The States vary significantly in the extent to which  they  have  devolved  powers  to  the  Panchayats  to  plan,  implement  and  monitor schemes for economic development and social justice. The status of devolution of powers to Panchayats, State-wise, including Bihar is at Annexe . States also vary in the extent to which they have built the capacities of Panchayats in the discharge of the devolved powers.

(c) The Ministry of Panchayati Raj has continuously persuaded the State Governments to devolve powers to the Panchayats and has also provided assistance to the States/UTs for capacity building of Panchayats to enable them to perform devolved functions effectively and  efficiently.  The  Ministry  of  Panchayati  Raj  also  recognizes  and  incentivises  the States/UTs  for  devolution  of  powers  to  Panchayats  and  awards  the  best  performing Panchayats in each State.

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Annexe

## Annexe referred to in part (a) & (b) of  Lok Sabha Unstarred question no. 3074 to be answered  on 04.08.2016

## Status of devolution of departments/subjects with funds, functions and functionaries to the Panchayati Raj Institutions for States/UTs

| SI.   | State/UT                                                                                | No. and names of the Departments/subjects Transferred to Panchayats with respect to                                               | No. and names of the Departments/subjects Transferred to Panchayats with respect to                                                                                                                                                                                  | No. and names of the Departments/subjects Transferred to Panchayats with respect to                                                 |
|-------|-----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------|
| No    |                                                                                         | Funds                                                                                                                             | Functions                                                                                                                                                                                                                                                            | Functionaries                                                                                                                       |
| 1.    | Andaman & Nicobar Islands Grant-in-aid is released to discharge their                   | to PRI's functions All the functions (29 have been transferred to the PRIs                                                        | subjects)                                                                                                                                                                                                                                                            | 639 functionaries of various departments have been transferred to the PRIs.                                                         |
| 2.    | Andhra Pradesh                                                                          | Only Gram Panchayats (GPs) are empowered to collect taxes. Governments Orders (GOs) issued for devolving funds of 10 departments. | 22 GOs issued during 1997-2002. Further, 10 line departments have devolved certain powers to PRIs.                                                                                                                                                                   | Functionaries are under the administrative control of their respective line departments but they are partially accountable to PRIs. |
| 3.    | Arunachal Pradesh                                                                       | PRIs do not collect taxes. Transfer of funds by departments has not taken place.                                                  | 29 subjects have been devolved. GOs 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. | Functionaries have not been transferred.                                                                                            |
| 4.    | Assam                                                                                   | PRIs are empowered to collect taxes but cannot enforce. Main source of revenue is lease rent from markets, river banks and ponds. | Activity-mapping done for 23 subjects. But GOs have been issued only for 7 subjects by 6 departments.                                                                                                                                                                | There has been very minimal devolution of functionaries. Officials continue to report to departments.                               |
| 5.    | Bihar No taxes                                                                          | are collected by PRIs. Activity Departments completed subjects Schedule of accordingly, Departments                               | Mapping of 20 have been regarding the 29 listed in the 11 th the Constitution and all concerned have issued orders delegating powers to the Panchayats.                                                                                                              | Departmental staff are answerable to departments. Angandwadi workers, teachers and health workers are appointed by PRIs.            |
| 6.    | Chhattisgar h GP is authorized to various types of taxes. 12 departments have devolved. | collect Funds for been                                                                                                            | Activity Mapping of 27 matters has been undertaken. GOs not issued.                                                                                                                                                                                                  | Panchayat make recruitments for 9 departments.                                                                                      |
| 7.    | Goa                                                                                     | Panchayats levy 11 types of taxes. Untied funds are given to Panchayats.                                                          | 18 matters are devolved to GPs, while 6 are devolved to ZPs.                                                                                                                                                                                                         | PRIs have their own core staff for the execution of works.                                                                          |
| 8.    | Gujarat                                                                                 | 8 major taxes are collected by PRIs. In 2008-09, 13 departments allocated funds to PRIs.                                          | 14 functions have been completely devolved and 5 are partially devolved.                                                                                                                                                                                             | GOs have been issued for devolution of functionaries for 14 functions.                                                              |
| 9.    | Haryana                                                                                 | GPs generate revenue from lease of Panchayat land, liquor cess                                                                    | Panchayati Raj Act devolves 29 functions. GOs have been issued                                                                                                                                                                                                       | There is no significant devolution of functionaries.                                                                                |

|    |                  | rental of Panchayat premises.                                                                                                                                                                                                                                                                                                                      | for 10 deptts.                                                                                                                                                                                                                                                                                                                                     | for 10 deptts.                                                                                                                                                                                                                                                                                                                                     | and                                                                                                                                                                                                                                                                                                                                                | and                                                                                                                                                                                                                                                                                                                                                |
|----|------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 10 | Himachal Pradesh | Only GP is empowered to levy taxes. Funds have not been transferred.                                                                                                                                                                                                                                                                               | 27 out of 29 subjects have been devolved to PRIs.                                                                                                                                                                                                                                                                                                  | 27 out of 29 subjects have been devolved to PRIs.                                                                                                                                                                                                                                                                                                  | Functionaries have not been transferred to PRIs.                                                                                                                                                                                                                                                                                                   | Functionaries have not been transferred to PRIs.                                                                                                                                                                                                                                                                                                   |
| 11 | J&K              | State Govt. has issued GO 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.                                                                                | State Govt. has issued GO 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.                                                                                | State Govt. has issued GO 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.                                                                                | State Govt. has issued GO 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.                                                                                | State Govt. has issued GO 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        | Elections to PRIs were held in 2010 for the first time since 73 rd CAA came into force. Three departments, namely, Agriculture, Social Welfare and Primary Education have devolved functions to PRIs by Departmental Notification.                                                                                                                 | Elections to PRIs were held in 2010 for the first time since 73 rd CAA came into force. Three departments, namely, Agriculture, Social Welfare and Primary Education have devolved functions to PRIs by Departmental Notification.                                                                                                                 | Elections to PRIs were held in 2010 for the first time since 73 rd CAA came into force. Three departments, namely, Agriculture, Social Welfare and Primary Education have devolved functions to PRIs by Departmental Notification.                                                                                                                 | Elections to PRIs were held in 2010 for the first time since 73 rd CAA came into force. Three departments, namely, Agriculture, Social Welfare and Primary Education have devolved functions to PRIs by Departmental Notification.                                                                                                                 | Elections to PRIs were held in 2010 for the first time since 73 rd CAA came into force. Three departments, namely, Agriculture, Social Welfare and Primary Education have devolved functions to PRIs by Departmental Notification.                                                                                                                 |
| 13 | Karnataka        | PRIs collect 7 types of taxes. Panchayati Raj Act provides the mandatory transfer for untied funds PRIs.                                                                                                                                                                                                                                           | PRIs collect 7 types of taxes. Panchayati Raj Act provides the mandatory transfer for untied funds PRIs.                                                                                                                                                                                                                                           | Karnataka has delegated all 29 subjects to PRI by notifying All                                                                                                                                                                                                                                                                                    | Karnataka has delegated all 29 subjects to PRI by notifying All                                                                                                                                                                                                                                                                                    | Panchayat employees function under dual control of the Deptts. concerned and the PRIs.                                                                                                                                                                                                                                                             |
| 14 | Kerala           | GPs have tax domain of 9 types of taxes. Untied funds and funds for specific purposes by deptts are given to PRIs.                                                                                                                                                                                                                                 | GPs have tax domain of 9 types of taxes. Untied funds and funds for specific purposes by deptts are given to PRIs.                                                                                                                                                                                                                                 | Activity mapping for all 29 functions done and activities devolved to Panchayats.                                                                                                                                                                                                                                                                  | Activity mapping for all 29 functions done and activities devolved to Panchayats.                                                                                                                                                                                                                                                                  | PRIs have full managerial and part disciplinary control over transferred functionaries.                                                                                                                                                                                                                                                            |
| 15 | Madhya Pradesh   | GPs are empowered to collect taxes. Funds for 13 departments covering 19 matters are released to PRIs.                                                                                                                                                                                                                                             | GPs are empowered to collect taxes. Funds for 13 departments covering 19 matters are released to PRIs.                                                                                                                                                                                                                                             | GOs containing the Activity Mapping in respect of 25 matters pertaining to 22 deptts. have been issued.                                                                                                                                                                                                                                            | GOs containing the Activity Mapping in respect of 25 matters pertaining to 22 deptts. have been issued.                                                                                                                                                                                                                                            | Functionaries for 13 departments have been transferred to the PRIs. There is a State Panchayat Service.                                                                                                                                                                                                                                            |
| 16 | Maharashtra      | ZP and GP collect taxes. Grants for 11 departments are transferred to PRIs. 11                                                                                                                                                                                                                                                                     | ZP and GP collect taxes. Grants for 11 departments are transferred to PRIs. 11                                                                                                                                                                                                                                                                     | subjects have been fully devolved. For 18 subjects, schemes are implemented by PRIs.                                                                                                                                                                                                                                                               | subjects have been fully devolved. For 18 subjects, schemes are implemented by PRIs.                                                                                                                                                                                                                                                               | Class III and Class IV employees at all levels are Zilla Parishad employees.                                                                                                                                                                                                                                                                       |
| 17 | Manipur          | Five Departments have issued GOs transferring funds to PRIs.                                                                                                                                                                                                                                                                                       | Five Departments have issued GOs transferring funds to PRIs.                                                                                                                                                                                                                                                                                       | GOs have been issued devolving functions related to 22 departments.                                                                                                                                                                                                                                                                                | GOs have been issued devolving functions related to 22 departments.                                                                                                                                                                                                                                                                                | 5 Departments have issued GOs transferring functionaries to PRIs.                                                                                                                                                                                                                                                                                  |
| 18 | Orissa           | PRIs collect 6 types of taxes. There is no clear devolution of untied funds.                                                                                                                                                                                                                                                                       | PRIs collect 6 types of taxes. There is no clear devolution of untied funds.                                                                                                                                                                                                                                                                       | 11 departments have devolved 21 subjects.                                                                                                                                                                                                                                                                                                          | 11 departments have devolved 21 subjects.                                                                                                                                                                                                                                                                                                          | Officials of 11 departments are accountable to PRIs.                                                                                                                                                                                                                                                                                               |
| 19 | Punjab           | Main source of income of GP is from auction of Panchayat land. There is no clear devolution of funds.                                                                                                                                                                                                                                              | Main source of income of GP is from auction of Panchayat land. There is no clear devolution of funds.                                                                                                                                                                                                                                              | The devolution of 7 key departments relating to 13 subjects approved.                                                                                                                                                                                                                                                                              | The devolution of 7 key departments relating to 13 subjects approved.                                                                                                                                                                                                                                                                              | No functionaries have been transferred to PRI by line departments.                                                                                                                                                                                                                                                                                 |
| 20 | Rajasthan        | 5 departments have issued GOs transferring funds to PRIs up to district level. 10% untied fund to                                                                                                                                                                                                                                                  | 5 departments have issued GOs transferring funds to PRIs up to district level. 10% untied fund to                                                                                                                                                                                                                                                  | Five Departments have transferred all functions up to district level to PRIs. Fresh Activity Mapping of above 5                                                                                                                                                                                                                                    | Five Departments have transferred all functions up to district level to PRIs. Fresh Activity Mapping of above 5                                                                                                                                                                                                                                    | 5 departments have transferred all functionaries upto district level to PRIs.                                                                                                                                                                                                                                                                      |
| 21 | Sikkim           | Departments PRIs do not collect taxes. Funds are being transferred by 17 departments. 10% of total fund of each department is given to Panchayats. Untied funds                                                                                                                                                                                    | Departments PRIs do not collect taxes. Funds are being transferred by 17 departments. 10% of total fund of each department is given to Panchayats. Untied funds                                                                                                                                                                                    | All 29 subjects are devolved as per legislation. Activity Mapping has been conducted for 20                                                                                                                                                                                                                                                        | All 29 subjects are devolved as per legislation. Activity Mapping has been conducted for 20                                                                                                                                                                                                                                                        | Employees are under the control of PRIs, but Panchayats exercise limited control over them.                                                                                                                                                                                                                                                        |
| 22 | Tamil Nadu       | are given to PRIs. Only village Panchayats have the power to levy taxes. 9% of the States own tax revenue devolved to Local Bodies, of which rural local bodies                                                                                                                                                                                    | are given to PRIs. Only village Panchayats have the power to levy taxes. 9% of the States own tax revenue devolved to Local Bodies, of which rural local bodies                                                                                                                                                                                    | Government of Tamil Nadu has delegated supervision and monitoring powers of 29 subject to PRIs                                                                                                                                                                                                                                                     | Government of Tamil Nadu has delegated supervision and monitoring powers of 29 subject to PRIs                                                                                                                                                                                                                                                     | There is no significant devolution of functionaries.                                                                                                                                                                                                                                                                                               |
| 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& | 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& | 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& | 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& | 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& |

|   24. | Tripura       | Part funds related to PWD Department, primary schools and Social Welfare and social education department and pension funds have been transferred to the Panchayats. Untied funds are also transferred to PRIs.                                                       | So far GOs have been issued devolving irrigation schemes, primary schools and activities related to adult and non-formal education, women and child development and social welfare.                                                                                                                                                                  | Functionaries of 5 subjects for which functions have devolved, have been transferred to Panchayats.                                                                                                                                               |
|-------|---------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|    25 | Uttar Pradesh | All 3 tiers have the power to collect taxes.                                                                                                                                                                                                                         | 16 subjects relating to 12 departments have been devolved to PRIs.                                                                                                                                                                                                                                                                                   | PRIs do not have control over functionaries.                                                                                                                                                                                                      |
|    26 | Uttarakhand   | Only ZPs collect taxes. Funds are made available to PRIs for activities for only 3 functions.                                                                                                                                                                        | Master GO on transferring financial and administrative powers on 14 subjects has been issued in 2003.                                                                                                                                                                                                                                                | Supervisory role over functionaries related to 14 subjects.                                                                                                                                                                                       |
|    27 | West Bengal   | GPs can impose and realize taxes. Untied funds are allocated under the TFC grant as well as SFC grant. 5 departments have opened Panchayat Window in their budgets.                                                                                                  | State Govt. agrees with transfer of these 28 subjects. 14 departments have so far issued matching GOs transferring 27 subjects.                                                                                                                                                                                                                      | The Panchayat employees have been made into different district cadres. Other than the posts created in the Panchayat bodies, 7 departments of the State Govt. have devolved functionaries                                                         |
|    28 | Daman & Diu   | Not available                                                                                                                                                                                                                                                        | 12 subjects are fully devolved and 10 subjects are partially devolved.                                                                                                                                                                                                                                                                               | Functionaries for 13 departments have been transferred to PRIs.                                                                                                                                                                                   |
|    29 | Puducherry    | Panchayats collect taxes and receive funds from the state budget under the community development sector.                                                                                                                                                             | 22 functions have been devolved to the PRI.                                                                                                                                                                                                                                                                                                          | Devolution of functionaries has not been done yet.                                                                                                                                                                                                |
|    30 | Lakshadwee p  | Entire Plan and Non Plan budget required for Schemes and Programs being implemented by 5 departments viz Education, Medical & Health Services, Fisheries, Animal Husbandry, and Agriculture is transferred to the District Panchayat and Village (Dweep) Panchayats. | 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.                                                                                                                              | Entire establishments of five major departments, viz Education, Medical & Health Services, Fisheries, Animal Husbandry, and Agriculture except Director and few staff have been transferred to District Panchayat and Village (Dweep) Panchayats. |
|    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.
-  Information is not available for UT of Dadra & Nagar Haveli.