Chapter 12: Second Administrative Reforms Commission Part VI

  • Local Governance

    1. As of now, most local governments are over- structured and weakly empowered.

    2. The Commission believes that India needs a fundamental transformation in governance and that empowered citizen-centric and accountable local governments are the core around which this transformation will take place.

  • The major recommendations

    1. Creation of District council with representation or rural and urban bodies, as the true third tier of government

    2. Autonomy to Panchayats in respect to personnel

    3. Establishing Ombudsman at the local levels

    4. Merging DRDA with Zila Parishad

    5. The DPC in its present form will be redundant, once a District Council comes into existence as envisaged by the Commission.

    6. The role of the District Collector/DM also needs to be reviewed in the context of the District Council and the District Government.

    7. The Commission is of the considered view that a golden mean between these two positions is desirable and the District government must be empowered while fully utilising the institutional strength of the District Collector.

    8. three tiers of administration in urban local governments, except in the case of Town Panchayats

    9. Municipal Council/Corporation (by whatever name it is called), Ward Committees; and Area Committees or Sabhas.

  • Accountability and Transparency

    1. Audit committees may be constituted by the State Governments at the district level to exercise oversight

    2. There should be a separate Standing Committee of the State Legislature for the local Bodies

    3. A local body Ombudsman needs to be constituted

    4. Panchayats should have the power to recruit personnel and to regulate their service conditions subject to such laws and standards as laid down by the State Government.

  • Position of Parastatals

    1. Following the lead taken by Kerala, Karnataka and West Bengal, the DRDAs in other States also should be merged with the respective District Panchayats (Zila Parishad)

    2. The Union and State Governments should normally not set up special committees outside the PRIs.

    3. The Constitution should be amended to make Lokayukta mandatory and stipulate the general principles about its structure, power and functions.

    4. A local bodies Ombudsman should be constituted for a group of districts.

    5. The local bodies Ombudsman should be empowered to investigate cases of corruption or maladministration by the functionaries.

    6. The State Vigilance Commissions/Lokayuktas may be empowered to supervise prosecution of corruption related cases.

    7. The investigative agencies should acquire multi-disciplinary skills and should be thoroughly conversant with the working of various offices/departments.

    8. The anti-corruption agencies should conduct systematic surveys of departments

  • Public Order

    1. Crime investigation should be separated from other police functions. A Crime Investigation Agency should be constituted in each State

    2. A system of District Attorneys should be constituted wherein the District Attorney would supervise prosecution as well as the investigation of crimes

    3. Metropolitan Police Authorities should be constituted in large cities.

    4. The existing system of constabulary should be substituted with recruitment of graduates at the level of Assistant Sub Inspectors of Police

  • Crisis Management

    1. Disaster/Crisis management should continue to be the primary responsibility of the States.

    2. In larger cities, the Mayor, assisted by the Commissioner of the Municipal Corporation and the Police Commissioner should be directly responsible for Crisis Management.

  • Organizational Structure of Government of India

  • Flatter Structures-reducing the number of levels and encouraging team work

  • Restructuring State Governments

    1. there has been a significant proliferation of Ministers and Departments in almost all the States.

    2. Before the 91st Constitutional amendment, there was no limit on the size of the Council of Ministers in a State

    3. At one point, there were 76 Ministers in the Bihar Government, 69 in Maharashtra and 93 in Uttar Pradesh.

    4. needs to be compact and homogenous, its size being determined by administrative needs.

    5. medium and smaller States should not be in a disadvantageous situation

  • Recommendations:

    1. the maximum size of the Council of Ministers may be fixed in a range between 10% to 15 % of the strength of their Legislative Assemblies

    2. There is need to arrive at a national consensus on this issue through deliberations/discussions with the States at the Inter-State Council

    3. Creation of the departments in the State Government has not always followed administrative logic

    4. A State Government consisting of too many departments suffers from the following inherent disadvantages.

    5. There is diffusion of responsibility and accountability

    6. Coordination becomes a major issue and decision making becomes diðcult and time consuming.

    7. It leads to needless expansion of the bureaucracy.

  • Recommendation

    1. The number of Secretariat Departments in the States should be further rationalized

    2. Separate Focus on Policy Making and Implementation

    3. The first is formulating policy in pursuance of objectives that the political leadership specifies, and the second, implementation of that policy.

    4. two broad tasks of the government

    5. A key structural reform in various countries towards achieving good governance has been the separation of policy and operational responsibilities

  • Executive Agencies:

    1. Implementational bodies need to be restructured by giving them greater operational autonomy and flexibility,

    2. at the same time, making them responsible and accountable for what they do.

    3. `Agencification', that is, extensive use of executive agencies in administration has been found useful in conducting a wide range of functions.

  • Recommendations

    1. The States should look at the functions/activities of each dept to confirm if the functions can only be carried out by government agencies.

    2. Each Executive Agency must be semi-autonomous and professionally managed under a mandate.

    3. There is need for a right balance between autonomy and accountability while designing the institutional framework of executive agencies.

    4. This could be achieved through well designed performance agreements, Memorandum of Understanding (MoU), contracts, etc.

    5. Agencies dealing with subjects where major functions and activities have devolved on local governments would need to concentrate on monitoring and supervision

  • Internal Restructuring of the State Secretariat

  • Make the system efficient, responsive and citizen-friendly

  • Civil Services Law

    1. Determining a set of values for civil servants

    2. Redefining the relationship between the government and the civil servants

    3. Reforming procedures of recruitment to the civil services

    4. Reforming the procedure for placement of officers and ensuring security of their tenure setting up an institutional mechanism

    5. Drafting fresh terms and conditions for new appointees

    6. Improving accountability mechanisms and simplifying disciplinary proceedings

    7. Creating new organisational structures in the government. Recruitment and Conditions of Service:

  • The following principles of recruitment should be included for all appointments not routed through the UPSC or SSC:

    1. Well-defined merit based procedure

    2. Wide publicity and open competition

    3. Minimisation, if not elimination, of discretion in the recruitment process.

    4. Selection primarily on the basis of written examination

    5. An independent agency should audit the recruitments made outside the UPSC and SSC systems and advise the government suitably.

    6. Central Civil Services Authority to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.

  • Functions

    1. Review the adoption, adherence to and implementation of the Civil Service Values in the departments

    2. Assign domains to all oðcers of the All India Services and the Central Civil Services on completion of 13 years of service.

    3. Formulate norms and guidelines for appointments at `Senior Management Level' in Government of India.

    4. Evaluate and recommend names of officers for posting at the `Senior Management Level'

    5. Indentify the posts at `Senior Management Level

    6. Fix the tenure for posts at the `Senior Management Level'

  • Recommendations

  • Proposed State Civil Service Authority should deal with appointment and tenure of senior officers of all ranks (including the Chief Secretary, Principal Secretaries, Engineer-in-Chiefs, other Agency Heads and Principal Chief Conservator of Forests).

  • Regional Level Administration

    1. The East India Company treated the District as the focal point of its revenue administration within British India.

    2. In 1786 the districts were reorganised into regular fiscal units each under a Collector.

    3. n 1787, leaving aside a few districts, the Collectors were vested with magisterial powers; they could try criminal cases within certain limits.

    4. The Cornwallis Code of 1793 divested the Collector of his major judicial functions, but he still remained the most powerful functionary of the Company on Indian soil.

    5. He was responsible for collecting various types of taxes and revenue;

    6. he was the government treasurer in-charge of local funds and

    7. he was the Magistrate, responsible for the maintenance of law and order, superintendence of the police and the management of jails and

    8. in-charge of relief in times of epidemics and disasters for the territories under his charge.

    9. Towards the beginning of the 19th century, Company needed to create an intermediate level of functionaries who could effectively supervise and control functioning of 4-5 districts.

    10. Thus, the institution of the Divisional Commissioner was born in 1829.

    11. Gradually, the Division became an important hub of the British Administration around which almost all major departments of the government positioned their senior level officers, intermediate in rank between the official at the district level and the Agency Head located at the State headquarters.

    12. The range DIG of Police, Conservator of Forests and the Superintending Engineer of the PWD were among the first positions which were sanctioned at the divisional leve

    13. In the post 73rd/74th Constitutional Amendment scenario, the situation is different.

    14. The district has now been recognized by the Constitution as the third tier of government with local institutions, both rural and urban, vested with substantial functions and powers

    15. In the transferred domain, the machinery of the State Government including the District Collector and his offices, have a limited role.

    16. Development functions have to be dealt by a District Council consisting of representatives from both urban and rural areas.

    17. The District Collector would now be the ex officio Chief Officer of this body and would have a dual responsibility.

    18. He will be accountable to the District Council in respect of transferred matters, but will report to the State Government on regulatory/other matters which do not stand delegated to the District Council.

  • Recommendations

    1. The emergence of District as the key unit of field administration and improvement of technology, shows that there is no need to have an intermediate level of administration.

    2. Lokayukta and the Vigilance Set-up

    3. Currently, in most of the States, the vigilance setup consists of the following:- (i) The Vigilance Commission and the Investigation Bureau (ii) Lokayukta

  • Recommendations:

    1. The organization of the Vigilance Commission/ Commissioner in the State should be structured on the patterns of the Central Vigilance Commission.

    2. The laws regarding the Lokayukta would need to be amended to incorporate the changes suggested in the Report on `Ethics in Governance'.

  • Human Resource Development, Capacity Building and Training

    1. Every State should formulate a comprehensive Human Resource Development Policy with training as an important component on the lines of the National Training Policy, 1996.

    2. In addition to the apex level training body called the Administrative Training Institute (ATI)

    3. The ATI should have an overall integrative and coordinating role for the entire training/orientation programme running in the State.

    4. The State Administrative Training Institutes (ATIs) should have embedded in them, Centers of Good Governance.

  • State Public Service Commission - Article 320 of the Constitution of India lays down the functions of the State Public Service Commission.

  • Recommendations

    1. Steps should be taken to ensure that persons of high standing, intellectual ability and reputation are selected as Chairman/Members of the State Public Service Commissions.

    2. A limit should also be imposed on the strength of its membership.

    3. There is need to evolve national consensus among States on the issues of

    4. i) appointment of Chairman/Members and (ii) limit on the membership of the Commission, through discussions:

    5. The Public Service Commission should handle only

    6. recruitment of candidates for higher level posts under the State Government (Class I and Class II positions of various State cadres),

    7. recruitment and promotions to teaching posts in government Colleges and fully funded units of the Universities.

    8. The role of the State Public Service Commission should be to lay down broad norms and standards.

  • District Administration

    1. After Independence, the single greatest accretion to the responsibilities of the district administrator came through expension of rural development programmes.

    2. the coordinating and synthesizing role of the Collector in the development efforts greater importance.

    3. It is imperative that the devolution of decision making to local levels should face no impediments.

    4. The administrative experience, expertise and credibility of the post of Collector built up over a period of 200 years has to properly utilized.

    5. Environment for a responsive and citizen friendly district administration in line with the principles of decentralization and subsidiarity.

    6. The overall administrative structure presently prevailing at the district and sub-district levels in the country consists of the following three components.

    7. Administration of regulatory functions under the leadership of the Collector and District Magistrate

    8. Law and order, land revenue / reforms, excise, registration, treasury, civil supplies and social welfare.

    9. District / sub-district level offices of the line departments of the State Government and their agencies, such as PWD, irrigation, health, industries etc.

    10. Local bodies (Panchayati Raj Institutions and Municipal bodies) which, after the 73rd and 74th amendment of the Constitution

  • District Collector / Deputy Commissioner

    1. Till some years ago, in most of the States, the District Collector was the head of the government at the district level, responsible for a diverse portfolio of functions

    2. As such, virtually all the instruments of the State Government that operated at the local levels did so in conjunction with the Collector's office either formally or informally.

  • Evolution and Change

    1. Till the 1960s, when programmes of rural development were at a nascent stage, the Collector's job seemed to be carefully organized with land reforms, revenue collection, law and order, food and civil supplies, welfare and relief/rehabilitation being the principal areas of his responsibility.

    2. Under these circumstances, the office of the Collector was a strong and effective institution.

    3. In the years that followed, a large number of new projects/schemes were initiated by various departments of the Government, with the Collector as the notional head of the District Monitoring Committee.

    4. Towards the beginning of the 1980s, the development of rural areas got a further thrust and the government initiated a large number of Centrally Sponsored/State sector schemes

    5. Though, separate instruments were created for their execution, the Collector, in most of the cases, was given the overall supervisory charge of the programmes in the districts.

    6. But after the introduction of the Panchayati Raj system in the country (post 1993), most of the development functions have been taken away from the Collector's domain,

  • Need for a Collector in the District

    1. In the post Independence era, when the economy diversified, and the pace of industrialization and growth of tertiary

    2. activities picked up, other functionaries too gained in importance.

    3. he is considered to be the principal representative of the government at the district level Prime Minister's Address at the District Magistrate's Conference on May 20, 2005

    4. Become agents of change, of good governance and development administration at the very base of our democratic structure

    5. The insights you gain during your tenure at the district level helps your career because it gives you a first hand experience in dealing with the hopes and aspirations, the lives and livelihoods of our people.

    6. Your role in ensuring good governance at the grassroots, in promoting innovation, in improving service delivery, in enhancing PPPs and in ensuring outlays become outcomes. 73rd and 74th Constitutional Amendments

    7. The role of the Collector has only been transformed into a more powerful one of coordinator, facilitator

    8. The solution may lie in enabling people to handle change and improving service delivery. A Collector therefore can provide a leadership to this task of nation building...

    9. The Collector will thus continue to be responsible for a multiplicity of tasks at the district level such as improving human capabilities, creating physical infrastructure, improving economic opportunities for marginalized sections of society and facing challenges posed by disasters.

    10. A new role that is the role of a coordinator, facilitator and a person who is responsible for inter-sectoral coordination of various activities that characterise the work of our grassroots administration.

  • The main functions of the Collector may now include:

    1. Land and Revenue administration, land acquisition, custodian of government properties, registration, recovery of public demand

    2. The land revenue administration in a State operates at four administrative levels district, sub-division, tehsil/taluka/block and village.

    3. The Collector/DC is the head of the revenue administration at the district level and is the custodian of government land and properties under his jurisdiction

    4. At the village level, the States usually, have a designated revenue official called Patwari/ Revenue Karamchari.

    5. In some States, the Executive Officer of the Gram Panchayat or GP Secretary may double up as the Patwari to handle revenue functions as well.

    6. The State Revenue Law has created the `Land Revenue' machinery consisting of functionaries such as the Commissioner, the Collector, Assitant Collector, Tahsildar, Revenue Inspector, Patwari etc

    7. The system of land records management varies from State to State depending upon their historical evolution and local traditions.

    8. Executive magistracy and maintenance of Law and Order, Internal Security, Prisons, Remand/ Juvenile Homes

    9. Through powers given to him under Sections 106 to 124 of the Cr.P.C., he and the magistracy of the district can bind the people to maintain peace, security and good behaviour

    10. He also exercises powers for maintenance of public order and tranquility through Sections 129 to 148 of the Cr.P.C.

    11. Deployment and movement of armed forces in the district in times of emergency and crisis is done under his guidance.

    12. Licensing and regulatory functions with respect to various special laws pertaining to Arms, Explosives, Cinemas etc.

  • Disaster Management

    1. The Collector is the Chairman of the District Disaster Management Committee (DDMC), which is responsible for making advance, plans to mitigate the effect of calamities and for providing both immediate as well as long term assistance to the affected people.

    2. Civil supplies, public distribution and social welfare

    3. The Collector oversees the arrangements for provision of essential commodities to citizens through the Public Distribution System (PDS)

    4. Excise, Transport, Mining, Labour Laws, Elections and Legal Affairs

    5. The Collector provides substantial contribution to the State budget through excise and transport revenue

    6. The Collector is the Chief Mining officer of the district and exercises powers to grant prospecting license and mining lease under provisions of the MM(DR)Act, 1957

  • Elections

    1. For elections, the Collector is the District Election Officer (DEO) and is responsible for

    2. preparation / updation of electoral rolls and

    3. for holding free and fair elections in his jurisdiction.

    4. Under election laws, he is the Returning Officer (RO) for the Parliamentary elections

    5. Census, Protocol, General Administration, Treasury Management / District Accounts Office related Work

    6. The Collector is the overall in-charge of the Treasury in the district and is responsible for sending detailed accounts of financial transactions taking place in the district to the office of the Accountant General

    7. Public Relations Department, NIC and other miscellaneous functions assigned by the State Government, coordination with civil society

    8. He chairs meetings of various Committees of Agriculture, Animal Husbandry, Veterinary, Sericulture, Handlooms, Textiles, Irrigation and Industries departments.

    9. Coordination with line departments/other agencies of the State and Union Governments

    10. In the interim period till the local institutions obtain adequate maturity as Chief Officer of the proposed District Government

    11. The District Collector-cum-Chief Officer would have dual responsibility and would be fully accountable to the elected District Government on all local matters, and to the State Government on all regulatory matters not delegated to the District Government.

  • Rural Development

    1. Though major activities of this department stand transferred to the PRIs/ULBs, in some States, the Collector still continues to be the nodal authority for some programmes.

    2. Under the National Rural Employment Guarantee Act, the Collector has been designated as the District Programme Coordinator in some of the States.

  • Preparation of Development Plan

    1. the planning functions in a district have been given to DPC/MPC, the Collector coordinates with departments/ agencies involved in execution of various works.

    2. The Commission noted that some Collectors were not even aware of all the laws under which they are empowered.

    3. The Collector is also the Chairman of a large number of Committees at the district level.

  • Recommendations:

    1. Realign the functions of the Deputy Commissioners/ District Collector so that he concentrates on the core functions

    2. Experienced Officers as District Collectors

    3. an IAS officer should be posted as Collector/District Magistrate only on completion of 10-12 years of service.

    4. Tour Inspection Notes and Institutional Memory

    5. The tradition continued till around 1960. There is need to revive it.

    6. Process Re-engineering and use of Information Technology

    7. Jan Seva Kedras in Ahmedabad, e-district model of Tiruvarur in Tamil Nadu

    8. Development of an e-District framework applicable to all districts based on which ICT initiatives may be undertaken by respective districts.

    9. A computerized District Grievance Cell should be set up in the Collectorate.

    10. An exclusive Vigilance cell at district level underoverall supervision of the District Collector.

  • Governance Issue in the North East

    1. Almost the whole of it is characterized by heavy precipitation (200 mm to 600 mm), rich biodiversity, fragile hills, high seismicity, and a drainage system marked by extensive lateral valleys in the north and transverse valleys in the south.

    2. Arunachal Pradesh alone can generate as much as about 50328 MW - around 80% of the total hydro-power potential of the NER and 34% of the total potential of the country.

    3. The region was in a better economic condition a century ago. The vast river systems and small rivulets were a means of livelihood for a majority of the population in the valleys and the plains.

    4. Global trade was conducted through the sea-route, a network of inland waterways, and land transportation through road and railways.

    5. The quest for ethnic and regional identity, nationalism, and ideological motivations formented a climate of insurgency in several parts of the Region. It has resulted in political fragmentation.

    6. The standard of living of the people in the region, as measured by the per capita Gross State Domestic Product (GSDP), has lagged significantly behind the rest of the country.

    7. At Rs. 18,027 in 2004-05, it was less than the all-State average of Rs. 25,968 by 31 per cent.

    8. Assam, the largest among the North Eastern States had the lowest per capita income at Rs. 15,661 which was lower than the national average by 40 per cent.

    9. The entire North-East Region suffers heavily on account of floods and landslides.

    10. Damages caused by floods, which assume an alarming proportion, in the Brahamputra and Barak Valleys of Assam

    11. Road Ahead - The Vision Document 2020 of the North Eastern Region prepared by the Ministry of DONER and North Eastern Council. The purpose of this Vision document is to return the North Eastern Region to the position of national economic eminence it held till a few decades ago; to so fashion the development process that growth springs from and spreads out to the grassroots; and to ensure that the Region plays the arrow-head role it must play in the vanguard of the country's Look East Policy.

  • Recommendations:

    1. In order to address the genuine and legitimate concerns of the local people, there is need to continue political dialogue among various stakeholders.

    2. The North-East Division of the Ministry of Home Affairs should be upgraded to a separate wing and put under the charge of an Additional/ Special Secretary

    3. Autonomous Districts/Councils in Sixth Schedule Areas should also be covered by the State Finance Commission and the State Election Commission.

  • Financial Matters

    1. Recommendations

      1. The States should take priority steps to improve their expenditure profile by (a) finalizing the detailed project reports of schemes in the preceding year and (b) ensuring that the financial sanctions are given to the departments in the first two months of the current financial year.

      2. The States should conduct a zero-base review of programmes and schemes which are more than five years old and which involve large sums of public money.

      3. There should be prudent and realistic economic assumptions in formulation of budget estimates.

      4. In order to make such consultations effective and meaningful, steps should be taken to (a) provide information-access to citizens and (b) educate citizens and leaders of society on budget making and its implications.

      5. State Governments should shift to multi-year budgeting and give the estimates of revenue and expenditure for a period of four years