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The Representation on Entrustment of Powers in Connection with Mara Autonomous District Council Functionaries, Etc

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The Representation on Entrustment of Powers in Connection with Mara Autonomous District Council Functionaries, Etc 1 THE REPRESENTATION ON ENTRUSTMENT OF POWERS IN CONNECTION WITH MARA AUTONOMOUS DISTRICT COUNCIL FUNCTIONARIES, ETC. I. Introduction : The Pawi-Lakher Regional Council set up in 1953 under provisions of Article 244(2) read with the Sixth Schedule to the Constitution of India was re-organized into three Regional Councils. Viz: Pawi-Lakher and Chakma by a notification issued by the Government of Mizoram in April, 1972. In terms of provisions of 20B of the Sixth Schedule, Lakher Regional Council along with Pawi-Regional Council and Chakma Regional Council was elevated to the status of a District Council with effected from 29th April 1972 under the Mizoram District Council’s (Miscellaneous Provisions) orders, 1972. The Lakher District Council was renamed as the Mara Autonomous District Council from 1st May, 1989 under Notification issued by the Government of Mizoram in May, 1989. The Sixth Schedule to the Constitution vests the District Councils with powers to make laws on matters listed in paragraph 3(i) of the schedule mainly in respect of allotment, occupation, use etc of the land, management of forests other than reserve forests, use of any canal or water – course for Agriculture, regulation of the practice of “Jhum” or other forms of shifting cultivation, establishment of village or town committee or councils and their powers, Village or Town administration including police, public health and sanitation and heritance of property under paragraph 6(i) of the Sixth Schedule. The council have powers to establish, construct or manage primary schools dispensaries, markets, cattle pounds, Ferries, fisheries, roads, road transport and water ways in the respective autonomous districts, to its officers function in relation to agriculture, animal husbandry, community project, co-operative societies, social welfare, village planning or any other matter which the executive power of the state extends. The council also has the powers to assess, levy and collect within the autonomous district council in respect of land and buildings taxes on professions. Entry of goods into a market for sale therein & tolls on passenger goods carried in ferries and trades callings and employment, animals, vehicles and boats maintenance of schools, dispensaries or roads as listed in paragraph 8(3) of the schedule. The Sixth Schedule provides for the constitution of district fund for each District Council to which shall be credited all money received by the council in the course of administration of the district in accordance with the provision of the constitution. In exercise of the power conferred under paragraph 7(2) of the schedule which provides that rules are framed by the Governor for the management of the district council Fund, and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys there-from the custody of moneys therein and any other matter connected with or ancillary to these matters, the government of Mizoram prepared the Mizoram Autonomous District Council Fund Rules, 1996 and these Rules came into effect from 26th November 1996. The Government of Mizoram repeals and saves with these Rules, prepared the Mizoram Autonomous District Council Fund Rule, 2010 came into effect from 27.07.2010. In pursuance of paragraph 7(3) of the Sixth Schedule, the form in which account of the District Councils are to be maintained were prescribed by the Comptroller and Auditor General of India with the approval of the President of India in April, 1974. II. Entrustment of power – Administration & Family Oriented Scheme Implementation – that State Govt. Extends:- In fulfillment of the Sixth schedule to the constitution of India under para 3(i) and para 6(i) and (2), the Government of Mizoram extends executive powers for functioning of the Mara Autonomous District Council by entrusting the following subject of administration with effect from 27.09.1993. vide letter even No.B.17012/3/92-DCA. Of 22nd September 1993.(The Mizoram Gazette). 2 1. AGRICULTURE & HORTICULTURE DEPARTMENT 1) Agriculture link Road 2) Distribution of Planting Materials/Certified Seeds 3) Procurement of Machineries for 50% subsidy 4) Implement and Tools 5) Land Development by Manuals 6) Minor Irrigation construction of Field channel 2. FISHERIES DEPARTMENT 1) Grant- in –aid to individual Fish Farmers for fish Pond development. 3. PUBLIC HEALTH ENGINEERING DEPARTMENT 1) Rural Sanitation 2) Spring source Development 3) Public Latrines/ Urinal (Rural sanitation) 4. INDUSTRY DEPARTMENT 1) Handloom and Handi-craft 2) Grant-in-aid to individuals for supply of tools and implements. 3) Selection of SEEYOU Loanees (i.e, Now Prime Minister Employment Guarantee Scheme/Project) 5. SERICULTURE DEPARTMENT 1) Grant-in-aid to private Rearers under Promotion Scheme. 2) Marketing-Selling of Cocoon to State government. 6. A.H.& VETY DEPARTMENT 1) Subsidy scheme on (a) Cattle development. (b) Piggery and (c) Poultry (d) Dispensary 7. ARTS &CULTURE DEPARTMENT (1) Grant-in-aid to promotion of Arts & Culture (2) District Library (3) District Museum (4) Assistance for Publications 8. SOCIAL WELFARE DEPARTMENT 1) Old Age Pension (Plan & Non Plan) 2) Assistance to Voluntary Organization 3) Pre-Schools 4) Welfare of handicap 5) Welfare of poor and Destitute 9. SOIL CONSERVATION DEPARTMENT (1) Implementation of terracing (2) Plantation of Subsidy (3) Village grassing ground. 3 10. LOCAL ADMINISTRATION DEPARTMENT (1) URBAN DEVELOPMENT (2) ALL MINORS OF DEPARTMENT such as construction of the steps (3) Culvert Retaining Wall etc. 11. FOREST DEPATRTMENT All the projects taken by Forest department within council areas can be handed over to the District council concerned including all the assets and liabilities if any. National Park at Phawngpui and Sanctuary at Ngengpui under centrally sponsored scheme will be looked after by Forest department Govt. of Mizoram. 12. TRANSPORT DEPARTMENT. It is agreed that separate Transport Department may be created by each District Council w.e.f. 1994-95. Financial year. It is further decided that cost-Transport department of Mizoram may set aside the cost one Bus for each District including maintenance charges. It is also agreed and decided that the Govt. of Mizoram should try to obtain the procedure followed by the District Council of Assam etc. regarding the collection of Road Tax. Goods and Passenger tax etc. 13. SPORTS & YOUTH SERVICES DEPARTMENT. It is agreed that the council may create Sports and Youth services Department and requirement of Fund for the purpose may be provided within their budget. Sports & Youth Services Department will provide requiring Fund. 14. CO-OPERATION DEPARTMENT. It is agreed that the council may create co-operative Department as one of the department but technical subject will be considered later. 15. PUBLIC WORKS DEPARTMENT. Creation / Opening of the District Council public Works Department is agreed the District Council will, however have to strengthen their technical hands to cope with the works in accordance with PWD norms. The following works will be entrusted to the councils. (1) Inter – Village approach Road to link up with PWD Road. (2) Maintenance and improvement of Satellite towns and villages roads. 16. EDUCATION DEPARTMENT. (1) Primary School :- As for Primary School, it is decided that from 1994-95 onwards, the budget provision will be reflected in District Council budget and Education Department will no longer include the same in the State Budget. (2) Adult Education will be handed over to District Council (3) Middle School: - Handing over of Middle School to District Council is agreed. However, Examination Board of the State. 17. RURAL COMMUNICATION DEPARTMENT. (1) Rural Communication. (2) Construction of Community Hall (3) Rural Housing 18. RELIEF & REHABILITATION DEPARTMENT: It is agreed that Rs 1.00 lakhs each be provided by the respective council for 1994-95 under Non-Plan. It is further agreed Finance Department should set aside Fund for this purpose. 19. DRDA & ICDS: Regarding the handing over of DRDA (including CD Block) and ICDS the Hon’ble Minister i/c District Council Affairs Department informed that the government will seek clarification / 4 permission from Central Government whether these two Agencies can be handed over to District Councils since they are centrally sponsored programme 20. WATER WAYS (INLAND WATER TRANSPORT) The need to have separate allocation of fund under Water Ways (Inland Water Transport) for the Three District Council is considered really important by the committee. the District Council Headquarters disconnected by the Road Transport in rainy season. The only way foodstuff and other essential commodities can be sent to the District Council Headquarters is through Water Way Transport since there is no budget provision for this also from 1994- 95. Government of Mizoram may provide separate fund for this to the three District Councils. 21. Further, the Government of Mizoram has made another partial modification against the above entrustment of powers delegated to District Council ( Vide No.C.13016/3/2010-DCA the 29th August, 2011) Dt. 01.09.2011 the Mizoram Gazette / Instead of implementing the twenty subject district level empowerment, but issuing the limelight of District level functioning of the following department has been added. They are :- 1. AGRICULTURE ( CROP HUSBANDRY) DEPARTMENT. a) Agriculture link Road b) Distribution of Planting Materials/Certified Seeds c) Procurement of Machineries for distribution at subsidized rate. d) Procurement and
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