****5. Meeting of Gram Sabha****


****New Section ****



****5 A. Division of Functions and control over assets and institutions:*



**(a) All functions, which are to done only in the village and do not have
any trans-village implications, shall be done at village level only. Such
functions, which cannot be done at that level and have trans village
implications shall be done at Block level. Those functions, which cannot be
done at Block level and have trans Block implications shall be done at
District level. Those functions which cannot be done at District level and
have trans district implications shall be done at state level. A list of all
such functions shall be made for each level of governance and all employees
and funds related to each function shall be transferred to appropriate
level.



**(b) Likewise, all assets like roads, streets, public toilets etc, which
are completely situated within the boundaries of a village shall be
transferred for its upkeep and maintenance to Village level. Those assets,
which fall in more than one village, shall be transferred to Block. Those
assets, which fall in more than one Block, shall be transferred to District.
Those assets, which fall in more than one district, shall be maintained by
the State. A list of all such assets shall be made for each level of
governance and all employees and funds related to maintenance and upkeep of
such assets shall be transferred to appropriate level.



**(c) All institutions like schools, hospitals, dispensaries etc, which
cater to the residents of a particular village only, shall be run by that
village only. Such institutions, which cater to the residents of more than
one village, shall be run by Block. Institutions which cater to residents of
more than one block shall be run by district. Institutions which cater to
more than one district shall be run by the State. A list of all such
institutions shall be made for each level of governance and all employees,
funds and assets related to each institution shall be transferred to
appropriate level.

Illustration-

*(i) Functional, administrative and ownership control over Primary, Middle

and Secondary Schools, Health Sub Centres, Charwaha Vidyalayas,Hand Pumps,
Irrigation, Tube wells etc. serving the people of the Gram Panchayat shall
vest in the Gram Panchayat.

*(ii) The Functional, administrative and ownership control over the Primary
Health Centre, which serves more than one Gram Panchayat, shall vest in the
concerned Taluka Panchayat.

*(iii) The Functional, administrative and ownership control over Referral
Hospital which serves more than one block shall vest in the Zila Panchayat.



**(d) Within six months of enactment of this law, or in the first meeting
after there has been any change of boundaries of that village, each Gram
sabha shall make a list of all functions, assets and institutions, which
would fully or partly fall within its geographical boundaries. It shall
decide which functions fully fall within its geographical boundaries, which
institutions provide services only to the residents of this gram sabha and
which assets geographically fall fully within this gram sabha. These
functions will henceforth be carried out by this gram sabha directly, these
institutions will henceforth be managed by this gram sabha directly and
these assets would henceforth be maintained by this gram sabha directly.
Heads of all such institutions, over which Gram Sabha has jurisdiction,
shall report directly to Gram Sabha only. The financial resources for
running of these institutions shall be transferred to Gram Sabha by
appropriate government agency at existing levels of expenditures. Rest of
the activities, assets and institutions will henceforth lie within the
jurisdiction of Taluka Panchayat or Zilla Panchayat.



Provided if there is a dispute between 2 or more Gram Sabhas as to under
whose jurisdiction a particular function, asset or institution falls, the
same shall be resolved by the Zilla Panchayat.





**Pesentation of proposed amendments made of Panchayat Raj Act, 1994 by Shri
Arvind Kejriwal on 13th Oct, 2010 The Goa Law Commission has organised a at
Seminar Hall , Secretariat, Porvorim.*

* *

**Visit :**

http://panchayatamendment.blogspot.com/


-- 
With Regards
Sanjay Vinayak Barve

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