STATUS OF PANCHAYATI RAJ

STATE PROFILE CHHATTISGARH STATE

1.

Introduction:

The State of Chhattisgarh came into being on 1 November 2000, when it was carved out of
Madhya Pradesh. According to the 2001 Census, Chhattisgarh has a total population of almost
2.1 crore. The State has 20,378 villages, 96 tehsils, 146 blocks and 16 districts. In accordance
with Sections 78 and 79 of the Madhya Pradesh Reorganisation Act, any law already in force in
the State of Madhya Pradesh when Chhattisgarh was created remained applicable in the new
state of Chhattisgarh. Accordingly, the Panchayati Raj legislation in force in Madhya Pradesh at
the time the State was divided became applicable to Chhattisgarh in toto. That law (as amended
from time to time) has been re-designated as the Chhattisgarh Panchayat Raj Adhiniyam, 1993
and it provides the basis of the current Panchayat system in place in Chhattisgarh.
The first elections to the three levels of Panchayats after the formation of Chhattisgarh State,
were held in January 2005.
2.

Basic Statistics concerning Panchayati Raj in Chhattisgarh:

The nomenclatures used for the three levels of Panchayats in Chhattisgarh under the
Panchayat Raj Adhiniyam 1993 are as follows:
Table 1: Name and level of Three Tier Panchayat System1
Level of Panchayat
District Panchayat
Intermediate Panchayat
Village Panchayat

Name used
Zilla Panchayat
Janpad Panchayat
Gram Panchayat

The details of the number of Panchayats at each level are as follows:

Table 2: No. of Panchayat Representatives at each level2
1
2
3

Zilla Panchayat
Janpad Panchayat
Gram Panchayat
Total

16
146
9139
9301

Table 3: Number of Elected Panchayat Representatives at each level:

3-A: Gram Panchayat2
No. of elected representatives
General

ST

Total

Women

1
Total No. of ward members

2
71010

3
16336

4
60084

5
147430

6
49763

Total No. of Sarpanchas

Grand total of elected representatives

3488
74498

864
17200

5468
65552

9820
157250

3382
53045

47.4

10.9

41.7

100.0

33.7

Percentage
1

SC

Source: Chhattisgarh Panchayat Raj Adhiniyam 1993

Statistical Data of Government of Chhattisgarh, 2006-07

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3-B: Janpad Panchayat2

No. of elected representatives
General

SC

ST

Total

Women

Total no of elected ward members

1362

305

1164

2831

954

Percentage

48.1

10.8

41.1

100.0

33.7

3C: Zilla Panchayat2

No. of elected representatives
General

SC

ST

Total

Women

1
Total no of elected ward members
Percentage

153

35

117

305

103

50.2

11.5

38.3

100.0

33.8

Dimension 1: Effective Devolution of Functions:

3.

Legislative Devolution of Functions

Section 49 Chapter 6, of the Chhattisgarh Panchayati Raj Adhiniyam enumerates the functions
to be carried out by the Gram Panchayat within the finances available in the Gram Panchayat
fund. These are as follows:
Table 4A: Description of functions of Gram Panchayat: Year 20063
1
Drinking
2
Roads
3
Bridges &
4
Water
Culverts
5

Fairs &
Festivals

Health and
Cleanliness

Public
Distribution
System

Maintenance
of Community
Assets
Social Welfare

Under Section 50, the functions of the Janpad Panchayat to be carried out from within the
finances available in the Janpad Panchayat Fund are as follows:
Table 4B: Description of functions of Janpad Panchayat : Year 20064
1
Agriculture
2
Social
3
Animal
4
Fisheries
forestry
husbandry
5
Public
6
Adult
7
Communication
8
Cottage
health
education
industries
9
Women and
10
Social
11
Family welfare
12
Fairs and
child
welfare
festivals
developmen
t
Apart from these, Janpad Panchayat has also been given the responsibility to implement
schemes handed over to them for such implementation by the State Government.
3
4

Under Section No.49, chapter 6 of Chhattisgarh Panchayat Raj Adhiniyam

Under SectionNo. 50, chapter 6 of Chhattisgarh Panchayat Raj Adhiniyam

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Under Section 52, the function of the Zilla Panchayat include consolidation of Panchayat plans
and preparation of plans for economic development and social justice for the districts,
coordination and monitoring of the Gram Panchayat and Janpad Panchayat and implementing
schemes allocated by the Centre or the State Government.
There is also a provision under Section 53 that the State Government can increase or rescind
any of the powers allocated to the Panchayat.
4.

Status of Activity Mapping:

The legislative devolution was further elaborated through orders issued on 20th August 1994
and further enlarged on 20th August 1998 through a Cabinet resolution (both in erstwhile MP).
The 20th August 1998 order, which has been adopted in Chhattisgarh not only states the actual
functions devolved, but also makes a clear-cut division between the Panchayat sector and the
State Sector. It also enunciates the general principles covering the financial, administrative,
implementation and staff arrangements. The order also states out the functions of the Gram
Sabha in both Scheduled and Non-Scheduled Areas. The format of the order is excellent for
adoption in other states also.
Chhattisgarh has embarked on a comprehensive Activity Mapping that aims at spelling out
activities relating to each function in a more clear-cut fashion as compared to the 1998 order.
The Union Minister for Panchayati Raj visited Chhattisgarh in August 2005 and in the Statement
of Conclusions signed with the Chief Minister, Chhattisgarh on 28.8.05, it was agreed that
Activity Mapping would be completed and relevant Government Orders issued by November
2005. Chhattisgarh intended to undertake Activity Mapping and transfer of funds for the
devolved activities simultaneously. Accordingly, Activity Mapping has been prepared for 27
subjects. The two matters omitted in the Activity Mapping are surprisingly, Water Supply and
Forestry, both of which have been devolved to the Panchayats under the provisions of the
Panchayati Raj legislation. In spite of the Activity Mapping framework being ready since the past
year, the necessary executive orders to operationalise Activity Mapping have not been issued
so far. Recently, there have been high level discussions in the government regarding
operationalisation of Activity Mapping and ensuring the transfer of fiscal resources to the
Panchayats accordingly.
5.

Status of DRDAs:

It has been reported that the DRDAs have been merged with Zilla Panchayats. The Zilla
Panchayat president is the Chairperson of the DRDA.
Dimension 2: Effective Devolution of Functionaries:
6.
Detailed Rules have been laid down in 1999 for recruitment to Panchayat Services for
Fisheries, Rural Development, Animal Husbandry, Women & Child Development and Health.
The Resolution in the Round Table regarding institution of Panchayat Services seems to have
been complied with. Information regarding recruitment to these Services needs to be obtained
from Chhattisgarh.
Chhattisgarhs approach to the devolution of functionaries has been particularly unique. Being a
young state and with staff shortage, the government has declared several staff cadres as dying
cadres (such as Sahayak Gram Panchayat Adhikari, Gram Panchayat Adhikari, Clerical and

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Class IV cadres of Education Tribal Health and 7-8 other departments) and new recruitment to
these cadres is undertaken directly by the Panchayats. The new recruitment rules are issued
under the Panchayati Raj Adhiniyam. Chhattisgarh is therefore closest to implementing the
Round Table recommendation on the creation of Panchayat cadres.
Chhattisgarh has been particularly successful in respect of the recruitment of new Shiksha
Karmis at the level of the Janpad Panchayats. It is reported that more than 30,000 teachers
have been so recruited into local level cadres and have been deployed to the Gram Panchayats
by the Janpad Panchayats.
However, there is a shortage of Panchayat secretaries for the Gram Panchayats in the States.
According to the information received in connection with the Chhattisgarh Rural Employment
Scheme, the number of Gram Panchayats in NREGA District is 6190. However, the number of
Panchayat Secretaries is only 5618, of whom 1317 Secretaries work full time while 4301 work
part time. There is no other staff available in these Panchayats.
Dimension 3: Effective Devolution of Finances:
7.

Establishment of a Panchayat window in the State Budget:

In respect of creation of a Panchayat sector window in the budget, separate budget heads were
created for Panchayats (referred to as Demands - No: 80 for general allocations, No: 82 for
Tribal Sub-Plan and No: 15 for Special Component Plan). Following the 1998 order, each
department whose functions were devolved, have been earmarking few schemes relating to
these functions and devolved funds relating to these schemes into the budget heads described
above. However, it has to be ascertained whether this allocation actually matches the range of
functions devolved to Panchayats in the State.
8.

Quantum of untied and programmatic funds that reaches each Panchayat:

As regards allocating funds to three levels of Panchayats, a separate budget heads were
created for Panchayats (referred to as Demands - No: 80 for general allocations, No: 82 for
Tribal Sub-Plan and No: 15 for Special Component Plan). Following the 1998 order, each
department whose functions were devolved, earmarked a few schemes relating to these
functions and devolved funds relating to these schemes into the budget heads described above.
As on 2005-06 the amounts devolved to Panchayats by various departments under both plan
and non-plan is as follows:
Table 5: Department-wise allocation of funds : Year 2006-075
Sl no
1
2
3
4
5
6

Name of the department

Agriculture
Public Health and Family Welfare
Primary Education
Tribal Department
PHED
Animal Husbandry, Milk Dept. and Poultry Dept.

Budget 2006-07 of Chhattisgarh Govt.

89

Budget (Rs. lakhs)

668.00
296.00
4556.00
15333.31
1665.00
297.30

7
8
9
10
11
12

Fisheries Department
Women and Child Welfare Department
Rural Industries Department
Rural Development Department
Social Welfare Department
Mining Department
Total

417.40
145.30
195.50
47062.75
8900.00
800.00
80336.56

However, Rs. 481 crores does not include all schemes pertaining to Panchayats. A number of
new schemes of both Central and State governments have not yet been devolved in
accordance with the 1998 order. Even in respect of some of the devolved schemes, officers
continue to exercise their executive functions.
9.

Own revenues of Panchayats:

There are provisions under Sections 74, 75, 76, 77 and 80 regarding taxes and fees which can
be imposed by the Panchayat. Information on such taxes, fee actually levied by Panchayats
and data on tax collection needs to be obtained from Chhattisgarh.
10.

Establishment of SFCs and their reports:

The first State Finance Commission (SFC) has been constituted after the formation of the State.
Its report is awaited.
11.

Manner of transfer of funds to Panchayats:

Funds are transmitted through state government treasury to Zilla panchayat, which then
transfers funds to the other levels of Panchayat through banks and the treasury. The CEO -ZP
has the powers to withdraw money from treasury.
Dimension 4: Gram Sabhas:
12.
Gram is defined as a village or a group of villages which have been notified as a village
under Chhattisgarh Panchayati Raj Act 1993. Chapter 14(A), of the Chhattisgarh Panchayati
Raj Act defines village and Gram Sabha in Schedule V Areas and also enumerates the powers
of a Gram Sabha. Accordingly, in Schedule V Areas, a village is defined as a unit which
comprises a habitation or a small village or a group of small villages inhabited by a community
which manages its affairs according to its traditions. Gram Sabhas can, therefore, be
constituted for villages, hamlets or even a habitation. The powers of Gram Sabhas include
maintenance of cultural identity and tradition, control over schemes including schemes under
Tribal Sub-plan and control over natural resources within the area of a village. There is a Gram
Sabha for every village. Gram Sabha consists of all the people who are registered in the list of
voters within the area of a Gram Panchayat.
According to Section 6 of Chhattisgarh Panchayati Raj Act 1993 as amended in 2004, a Gram
Sabha must meet once every three months in a year. Presence of 1/10th of the total number of
members of Gram Sabha of whom 1/3rd must be women, constitutes the forum for conduct of a
Gram Sabha meeting. The Gram Sabha has the power to consider any of the items relating to
the responsibilities of a Gram Panchayat and the Gram Panchayat must implement its
recommendations. Gram Sabhas have been given powers to identify and prioritize schemes for

90

development, to identify all beneficiaries under Poverty Alleviation Schemes, to consider annual
budget of the Gram Panchayat, to consider the annual accounts of the Gram Panchayat and to
approve annual development plans of the Gram Panchayat. All the functions which are listed
under the purview of the Gram Panchayat in Chhattisgarh Panchayat Raj Adhiniyam, 1993, as
amended in 2004, are also listed within the jurisdiction of the Gram Sabha.
Dimension 5: Planning
13.
According to the Chhattisgarh Zila Yojana Samiti Adhiniyam, 1995, District Planning
Committees (DPCs) are required to be constituted for consolidation of Plans of Panchayats and
Municipalities for the whole District. A DPC can have 10, 15 or 20 members as may be
decided. 4/5th of the members are elected from among the elected representatives of Zila
Panchayat and Municipalities. The Chairperson of a DPC can be a Minister from Chhattisgarh
and the Collector is the Member-Secretary. Special invitees include MLAs and MPs of the
respective constituencies. The State Government is required to issue guidelines under Section
11 of the Act for district planning. District Planning Committees have been accordingly
constituted in Chhattisgarh in accordance with the provisions of Article 243 ZD. Planning
guidelines are also reported to have been issued.
Dimension 7: Parallel Bodies
14.
There are two development authorities operating in Bastar and Surguja region covering
6 districts that operate independently in these 6 districts. There are no parallel bodies at the
Janpad and GP levels. However at the Gram Panchayat level, separate independent
committees function in respect of Sarva Shiksha Abhiyan (SSA), Health and Sanitation work as
parallel bodies at GP level.
Dimension 8: The Provisions of Panchayats (Extension to the Scheduled Areas) Act,
1996 (PESA)
15.
One third or 33% of the entire population of Chhattisgarh is tribal. Seven districts of
Chhattisgarh are listed in Schedule V of the Constitution, namely, Surguja, Koriya, Joshpur,
Kanker, Bastar, Dantewada and Korba. Another six districts are partially covered under
Schedule V, namely, Raigarh, Bilaspur, Durg, Rajnandgaon, Raipur and Dhamtari.
The details of the powers given to Panchayats and the Gram Sabha in the Chhattisgarh
Panchayati Raj Adhiniyam as they apply to PESA areas are given in Table 6 below:

91

Table 6: Powers of Gram Panchayat and Gram Sabha in Scheduled Area6

Powers

Central
PESA
Consultation before Land Acquisition for development Gram
projects and before resettling or rehabilitating persons Sabha or
affected by such projects.
Panchayat
Prior recommendation in granting prospecting license or
mining leases for minor minerals as well as for grant of
concessions for the exploitation of minor minerals by
auction.

Power for planning and management of Minor Water Bodies.

Panchayat

Chhattisgarh
PESA
Not clearly stated.

Not clearly stated.

But can be
interpreted as to be
with the Gram
Sabha, under the
provision stipulating
control of natural
resources within the
village.
Gram Sabha Janpad
and Zilla Panchayat

Enforcing prohibition, regulation or restriction on the sale or

consumption of any intoxicants.

Not stated clearly.

Ownership of minor forest produce.

Not transferred to
panchayat
Not stated clearly.
However, Gram
Sabha has been
given control over
natural resources,
which include land,
water and forest.

Gram
Prevention of alienation of land in Scheduled Areas and Sabha and
taking appropriate action to restore unlawfully alienated land Panchayat
of Scheduled Tribe.

Control over institutions and functionaries in all social

sectors.
Gram
Management of village market.
Sabha and
Control over Money Lending.
Panchayat
Control over local plans and resources for such plans
including tribal sub-plans.

Janpad & Zilla

Panchayat.
GP/GS
Not clearly stated
Janpad Panchayat
and Zilla Panchayat

Approval of the developmental plans, programmes and

projects for social and economic development.
Identifying and selecting beneficiaries for poverty alleviation
and other programmes.
Granting of certificate of utilisation of funds or plans
programmes and projects that are implemented by the
Panchayat.

Gram Sabha alone

As per PESA Act 1996

92

Gram
Sabha
alone

Dimension 9: Reservations for Women

16.
Under the Panchayat Adhiniyam, one-third of the seats have been reserved for Women.
Similar reservations have been made for women within the seats reserved for Scheduled
Castes, Scheduled Tribes and other backward classes.
The details of the seats occupied by Women are given in Table 7 below:
Table 7 : Participation of Women in PRIs : 2006-077
No of elected representatives
Gram Panchayat (Panchas)
SC
ST
General (including-OBC)
Total
Gram Panchayat (Sarpanchas)
SC
ST
General
Total
Janpad Panchayat
SC
ST
General
Total
Zilla Panchayat
SC
ST
General
Total

No of
women

% of women

16336
60084
71010
147430

5022
20239
24502
49763

30.74
34.50
24.00
33.75

305
5468
3488
9261

91
1830
1164
3085

29.84
33.47
33
33.31

306
1164
1362
2832

91
401
462
954

29.74
34.45
33.92
33.68

35
117
153
305

12
41
50
103

34.28
35.04
35.04
33.77

The seats are decided by lottery in the first election and then by rotation in such manner that
women leaders occupy all the seats in a cycle of three elections. Delimitation of the
constituency and the rotation of reserved constituencies are carried out by the Collector.
Two-child norm as a disqualification for occupying Panchayat elected seats is still applicable. A
literacy qualification has also been put in the law under Chhattisgarh Panchayat Raj
(Amendment) Act, 2004 for candidates below 30 years for election to Panchayats. (Section 36
(1) )

Statistical Data of Chhattisgarh Government, 2006-07

93

Dimension 10: Reservations for Scheduled Castes and Scheduled Tribes

17.
There is a provision for reservation of seats for Scheduled Castes and Scheduled Tribes
in a Gram Panchayat in proportion to their population vis--vis the total population of the Gram
Panchayat. In case less than 25% seats have been reserved for Scheduled Castes and
Scheduled Tribes in a Gram Panchayat, 25% of the total seats can be reserved for other
backward classes. One third of these reserved seats are to be filled up by women from
Scheduled Castes, Scheduled Tribes and other backward classes. In addition, in every Gram
Panchayat, one-third of the total seats which includes those reserved for women from
Scheduled Castes, Scheduled Tribes and other backward classes, must be filled by women.
(Section 13(4), (5) and (6) of Chhattisgarh Panchayati Raj Act 1993).
In Scheduled Areas seats will be reserved for Scheduled Castes and Scheduled Tribes in
proportion to their population in a Panchayat. However, the number of seats for Scheduled
Tribes will not be less than 50% of the total number of seats. In Scheduled areas there is also a
provision for reservation of seats for every backward class in a manner that the total number of
reserved seats does not exceed three-fourth of the total number of seats.
Dimension 12: Panchayati Raj Jurisprudence
18.
Information is awaited on whether Chhattisgarh has undertaken a harmonization
exercise in respect of other legislations.
Dimension 13: Annual Reports on the State of the Panchayats (including preparation of a
Devolution Index)
19.
The Chhatisgarh Panchayati Raj Adhiniyam provides that the Gram Panchayat must
place the Annual Statement of Accounts and the Administration Report before the Gram Sabha.
The Administration Report must contain at least the following information :

Statement of vacancies of members of the Gram Panchayat;

Statement of meetings of the Gram Sabha, the Gram Panchayat and its Standing
Committees;
Statement showing the position of staff;
Statement showing targets achieved under the Annual Plan;
Statement showing peoples co-partnership.

The Chief Executive Officers of the Janpad and Zila Panchayat is enjoined to prepare an Annual
Accounts and Administration Report for the relevant Panchayat immediately after end of every
financial year. These reports must be submitted in the meetings of the Janpad and Zila
Panchayat by 15th June each year.
The State prepares an annual report of the department, but does not prepare a State of the
Panchayats report.

94

Dimension 14: Elections

20.
The Chhattisgarh State Election Commission is responsible for superintendence,
direction and control of the preparation of electoral rolls for, and the conduct of, all elections to
Panchayats. After its separation from Madhya Pradesh in 2001, the first Panchayat elections at
all the three tiers were held in Chhattisgarh in January 2005. The next elections are due in
January 2010. Every Gram Panchayat is divided into less than 10 wards on the basis of the
decision of the Collector. Every member represents one ward. If a Gram Panchayat has a
population of more than 1,000 people, it will be so divided into wards that the number of wards
does not exceed 20.
It is the responsibility of the State Election Commission to notify Panchayat elections. The
District Election Officer is also required to display a notice regarding the reservation of seats in a
Panchayat for which election is being held. The Returning Officer must prepare a list of
contesting candidates whose nomination papers have been accepted. After the preparation of
the voters list, the Registration Officer must publish a notice inviting claim for inclusion of names
in the list and / or objections to any entry. The District Election Officer is responsible for
providing a sufficient number of polling stations and publishing a list showing the polling stations
and the polling areas.
Dimension 15: Audit
21.
Each Panchayat is to prepare an Annual Statement of Accounts. At the Gram Panchayat
level, this is to show the receipt of the Gram Panchayat, expenditure, budget estimates and
reasons for variation. The Annual Statement of Accounts should be accompanied with
statements showing :

Demand, collection, remission and balance of the revenue of the Gram Panchayat;
Grants-in-aid received and spent;
Amounts received and spent, plus physical targets and achievements in relation to
Central and / or State Government sponsored schemes;
Loans received from the State Government, Zilla Panchayat, Janpad Panchayat or other
institutions;
Floating assets and liabilities of the Gram Panchayat during the period of financial year
ending on 31 March.

The Panchayat Secretary is responsible for the maintenance of accounts of the Gram
Panchayat.
Every Panchayat is also required to prepare its Budget for the next financial year and present its
annual accounts for approval. The Chhattisgarh Gram Panchayat Accounts Rule 1999, Janpad
Panchayat Accounts Rule 1999 and Zila Panchayat Rules 1999 lay down the procedure for
maintenance of the accounts. The Annual Accounts and Administrative Report must be
endorsed by the Gram Panchayat and Gram Sabha on 15th May every year. Similarly, these
accounts must be placed in the General Body Meeting (GBM) of the Zilla Panchayat by 15th
June every year. The Administrative Report duly endorsed by the Zilla Panchayat and the
Annual Accounts are thereafter sent to the State Government.

95

There is a provision in Section 129 in Chapter 14 of the Panchayati Raj Adhiniyam, for
constitution of an independent audit body under the State Government for audit of Panchayat
accounts.
Maintenance of accounts of Panchayats in proformae prescribed by the Comptroller and Auditor
General of India is being implemented and the new formats prescribed for accounts have been
made available to the PRIs. Accounts of the Gram Panchayats are being audited by the
Director Local Fund Audit, Chhattisgarh and the Accountant General of Chhattisgarh has been
authorized to conduct Test Audit of the accounts of PRIs. Training to the officers/officials of all
the three tiers of the Panchayats is to be imparted with regard to the entries to be made in the
new proformae.
Dimension 16: Social Audit
22.
There is no provision for Social Audit under the Panchayati Raj Adhiniyam. However,
separate guidelines have been issued for Social Audit under the State Rural Employment
Guarantee Scheme.
Dimension 17: IT enabled e-Governance
23.
Chhattisgarh had undertaken very good work in computerization of District and Janpad
Panchayats. All 16 districts and 146 blocks of the State are connected through V-SAT. Data
entry is taking place in all 146 Janpad Panchayats and 16 Districts, through trained data entry
operators. The NICs software, PRIASOFT is being used for Panchayat level data entry and
computerization.
A project report has been prepared for Gram Panchayat level computerization, on the basis of
one computer to be provided for every 10 Panchayats, at a central cluster point. An interesting
experiment is that computers have been provided to the Sarpanchas in 10 Blocks of 3 Districts
on pilot basis.
Dimension 18: Capacity Building & Training
24.
CSIRD (Chhattisgarh State Rural Institute of Rural Development) carry out two days
training for Gram Panchayat members and three days training for Zilla and Panchayat Samiti
members. Training material has been prepared with the help of NGOs. Sectoral trainings have
been provided mostly to standing committee members at Gram Panchayat level. More details
are awaited.
Backward Districts Initiative Rashtriya Sam Vikas Yojana
Central Assistance to the Districts under Backward Regions Initiatives
(Rashtriya Sam Vikas Yojana) through the State Governments
8 Districts are under Backward Regions Initiatives
Total allocation of fund
Rs. 360 Crores
Total Fund released
Rs. 322.50 Crores

96