Report of the Comptroller and Auditor General of India on Local Bodies For the year ended 31 March 2016 GOVERNMENT OF RAJASTHAN Report No. 3 of the year 2017 TABLE OF CONTENTS Reference to Paragraph Page Preface v Overview vii PART-A CHAPTER-I OVERVIEW OF THE FUNCTIONING, ACCOUNTABILITY MECHANISM AND FINANCIAL REPORTING ISSUES OF PANCHAYATI RAJ INSTITUTIONS Introduction 1.1 1 Organisational Set up 1.2 2 Functioning of PRIs 1.3 2 Formation of Various Committees of PRIs 1.4 3 Audit Arrangement 1.5 4 Response to Audit Observations 1.6 6 Social Audit 1.7 7 Lokayukta 1.8 7 Submission of Utilisation Certificates 1.9 8 Internal Audit and Internal Control System of PRIs 1.10 8 Financial Reporting Issues 1.11 9 Conclusion 1.12 14 CHAPTER-II AUDIT FINDINGS ON PANCHAYATI RAJ INSTITUTIONS Performance Audit Rural Development and Panchayati Raj Department Member of Legislative Assembly Local Area Development 2.1 15 Scheme Compliance Audit Rural Development Department Dang Area Development Scheme 2.2 36 Panchayati Raj Department Unfruitful Expenditure on Rural BPL Houses 2.3 49 Unfruitful Expenditure on Non-commissioned Tube Wells 2.4 50 Unfruitful Expenditure on Incomplete Work 2.5 51 Irregular Expenditure on Inadmissible Works 2.6 52 Irregular Diversion of Grants on Inadmissible Works 2.7 53 i Audit Report (Local Bodies) for the year ended 31 March 2016 TABLE OF CONTENTS Reference to Paragraph Page PART-B CHAPTER-III OVERVIEW OF THE FUNCTIONING, ACCOUNTABILITY MECHANISM AND FINANCIAL REPORTING OF URBAN LOCAL BODIES Introduction 3.1 55 Organisational Set up 3.2 56 Functioning of ULBs 3.3 56 Formation of Various Committees 3.4 57 Audit Arrangement 3.5 58 Response to Audit Observations 3.6 59 Lokayukta 3.7 60 Property Tax Board 3.8 60 Fire Hazard Response 3.9 61 Submission of Utilisation Certificates 3.10 61 Internal Audit and Internal Control System of ULBs 3.11 61 Financial Reporting Issues 3.12 62 Conclusion 3.13 67 CHAPTER-IV AUDIT FINDINGS ON URBAN LOCAL BODIES Compliance Audit Local Self Government Department Revenue Collection System in Municipal Boards 4.1 69 Administrative Reforms and Co-ordination Department and Local Self Government Department Implementation of Rajasthan Guaranteed Delivery of Public Services Act 2011 in Local Self Government 4.2 87 Department Local Self Government Department Non-recovery of Urban Development tax 4.3 96 Non-recovery of Revenue 4.4 97 Short Credit of Interest Amount in General Provident Fund 4.5 98 Irregular Retention of Funds 4.6 99 Unfruitful Expenditure on Procurement of Chassis 4.7 100 Short Recovery of Revenue 4.8 101 Non-recovery of Urban Assessment (Ground Rent) 4.9 102 Irregular Retention of Urban Assessment (Ground Rent) 4.10 103 Unfruitful Expenditure on Development of Sanitary 4.11 104 Landfill ii List of Appendices APPENDICES Number Particulars Page I Details of devolution of 29 subjects listed in the 107 Constitution to PRIs as of May 2016. II Statement showing the Kharanja roads constructed not 108 as per specifications. III Details of inadmissible works. 111 IV Statement showing the details of non- 113 construction/completion of CM BPL houses. V Details of expenditure of ` 1.66 crore incurred on 114 inadmissible works under SFC-IV. VI Statement showing devolution of functions to Urban 119 Local Bodies as listed in the Constitution. VII Details of non/short recovery of one-time fees/annual 120 charges from mobile towers. VIII Details of non/short recovery of betterment levy. 121 IX Details of un-recovered map approval fee and 122 examination fee. X Details of unrecovered premium charges. 123 XI Details of delay (range in days) in providing of notified 124 services. XII Statement of Urban Development Tax due, recovered 125 and outstanding in respect of 13 municipal bodies. XIII Glossary of Abbreviations. 126 iii PREFACE This Report for the year ended 31 March 2016 has been prepared for submission to the Governor of the State of Rajasthan. This Report relates to Audit of receipts and expenditure of the Local Bodies in Rajasthan conducted under provisions of the Comptroller and Auditor General (Duties, Power and Conditions of Service) Act, 1971 read with proviso of sub-section (4) of section 75 of the Rajasthan Panchayati Raj Act, 1994, as amended on 27 March 2011 which empowers the Comptroller and Auditor General of India to conduct Audit of the accounts of Panchayati Raj Institutions and submit such Audit Report to the State Government for its placement in the State Legislature. The instances mentioned in this Report are those, which came to notice in the course of test Audit during the period 2015-16 as well as those, which came to notice in earlier years, but could not be reported in the previous Audit Reports; instances relating to the period subsequent to 2015-16 have also been included, wherever necessary. The Audit has been conducted in conformity with the Auditing Standards (March 2002) issued by the Comptroller and Auditor General of India. v Overview OVERVIEW This Report includes two parts: Part-A represents Panchayati Raj Institutions. This part includes two Chapters. Chapter-I represents an ‘Overview of the Functioning, Accountability Mechanism and Financial Reporting Issues of Panchayati Raj Institutions’ and Chapter-II comprises of a Performance Audit and six Compliance Audit Paragraphs. Part-B represents Urban Local Bodies. This part includes two Chapters. Chapter-III represents an ‘Overview of the Functioning, Accountability Mechanism and Financial Reporting Issues of Urban Local Bodies’ and Chapter-IV includes eleven Compliance Audit Paragraphs. A synopsis of important findings contained in this report is presented in this overview. PART-A Panchayati Raj Institutions 1. Overview of Functioning, Accountability Mechanism and Financial Reporting Issues of Panchayati Raj Institutions The accountability mechanism and financial reporting issues of the Panchayati Raj Institutions in the State continues to be weak. The accounts of the Panchayati Raj Institutions were incomplete and improper and this led to partial certification of accounts by the Local Fund Audit Department. The Panchayati Raj Institutions continue to maintain their accounts in conventional formats. Though the Panchayati Raj Institutions at Panchayat Samiti and Zila Parishad level were maintaining records and returns in the prescribed formats of the Rules, but in Gram Panchayats no such records were maintained. There was lack of fiscal autonomy in Panchayati Raj Institutions as they were totally dependent on grants-in-aid received from the Government. (Paragraph 1.1 to 1.12) 2. Audit Findings on Panchayati Raj Institutions Member of Legislative Assembly Local Area Development Scheme The Member of Legislative Assembly Local Area Development Scheme was introduced by Government of Rajasthan in 1999-2000 to carry out works of developmental nature for public use based on locally felt needs so as to promote balanced regional development. The Performance Audit of the Scheme was conducted in two out of seven zones in the State viz, Bikaner and Udaipur. An amount of ` 25 lakh per Member of Legislative Assembly per annum was allotted which was subsequently raised to ` two crore in 2012-13. vii Audit Report (Local Bodies) for the year ended 31 March 2016 The utilisation of funds under the Scheme was very low and ranged between 17.60 per cent and 23.73 per cent of the available funds. Huge unspent funds of ` 1,093.11 crore (60.73 per cent of amount allotted during 2011-16) were accumulated in the Personal Deposit Accounts of the Zila Parishads at the end of March 2016. Many works were sanctioned/executed in violation of the Member of Legislative Assembly Local Area Development Scheme guidelines. Roads were constructed in violation of Gramin Karya Nirdeshika provisions resulting in damage of these roads. In numerous cases payments were fictitiously made for works which were either not executed or executed without adhering specifications of Gramin Karya Nirdeshika. The monitoring mechanism was not adequate as the State Government did not form District/State level monitoring committees for effective monitoring of Member of Legislative Assembly Local Area Development Scheme. (Paragraph 2.1) Dang Area Development Scheme Dang Area Development Scheme was introduced in December 2005 for development of the Dang Area which is characterised by ravines, gorges and infested with dacoits. The scheme was being implemented in eight districts of two zones in Rajasthan and included 371 Gram Panchayats of 22 Panchayat Samitis of these districts. The compliance Audit of Scheme was conducted in three districts, six Blocks and 51 Gram Panchayats which were selected for Audit. The objectives of the Dang Area Development Scheme were socio-economic and basic infrastructural development which included provision of facilities like drinking water, road connectivity, buildings for educational institutions, dispensaries, veterinary hospitals, libraries, public toilets, harvesting structures and other projects for livelihood activities. Audit revealed that in test checked districts 94.20 per cent works sanctioned only for construction of rural internal roads. The main objectives of the scheme to achieve development in socio- economic and basic infrastructural areas could not be achieved owing to lack of planning as the scheme did not cover other areas. Cases of work with lower specifications, fictitious payments, work not executed as per specifications, damaged roads, non-recovery from the executing agencies were noticed. Lack of adequate monitoring, evaluation and Social Audit led to the deficiencies not being identified. (Paragraph 2.2) Non-utilisation of financial assistance of ` 7.78 crore released for construction of dwelling units under Chief Minister Rural BPL Awaas Yojana. (Paragraph 2.3) viii Overview In Panchayat Samiti, Nokha, 51 tube wells constructed at a cost of ` 2.10 crore could not be put to use due to non-installation of submersible pump and no provision for electric connection, defeating the objective of supply of drinking water in rural areas.