ADMINISTRATIVE STRUCTURE

LOCAL SELF-GOVERNMENT.

LOCAL SELF-GOVERNMENT IN THE DISTRICT is conducted by various statutory bodies enjoying local autonomy in different degrees. The progress of these institutions has been in three spheres. First, in regard to their constitution, from fully or partly nominated bodies they have now become entirely elective. Secondly, their franchise, which had gone on widening, has, with the enactment of the Bombay Local Authorities Adult Franchise and Removal of Reservation of Seats Act (XVII of 1950), reached the widest limit possible, viz., universal adult franchise. Every person who: -

(a) is a citizen of India,

(b) has attained the age of 21 years, and

(c) has the requisite residence, business premises or taxation qualification,

is now entitled to be enrolled as a voter. Prior to 1950, reservation of seats had been provided in municipalities and in the District Local Board for women, Muhammadans, Christians, Anglo-Indians, Harijans and Backward Tribes, and in village panchayats for women, Muhammadans, Harijans and Backward Tribes. Before 1947, Muhammadans were also provided separate electorates in local bodies and municipalities. The enactment mentioned above abolished the reservation of seats for Muhammadans, Christians and Anglo-Indians but continued it for ten years from the commencement of the Constitution of India (i.e., till 26th January 1960), for women, the Scheduled Castes and the Scheduled Tribes, which castes and tribes more or less represent Harijans and Backward Tribes. Thirdly, wider and wider powers have been gradually conferred on local bodies for the administration of the areas under their charge.

The Divisional Commissioners exercise control and authority over all institutions of Local Self-Government in the various divisions of the reorganised Bombay State since November 1, 1956. They exercise control and authority under:-

(1) The Bombay Village Sanitation Act (I of 1889).

(2) The Bombay District Vaccination Act (I of 1892).

(3) The Bombay District Municipal Act (III of 1901).

(4) The Bombay Town Planning Act (I of 1915).

(5) The Bombay Local Boards Act (VI of 1923).

(6) The Bombay Municipal Boroughs Act (XVIII of 1925).

(7) The Bombay Local Fund Audit Act (XXV of 1930).

(8) The Bombay Village Panchayats Act (VI of 1933). The Divisional Commissioner, Poona has jurisdiction over Kolhapur District.

Municipalities.

Municipalities,-The total area in the district under the administration of Municipalities and Cantonments in 1951 was nearly 84.5 square miles with a population of 2,18,099. The borough municipalities of Kolhapur and Ichalkaranji are governed by the Bombay Municipal Boroughs Act (XVIII of 1925). The other municipalities in the district are all governed by the Bombay District Municipal Act (III) of 1901. Gadhinglaj, Kagal, Kurundwad, Malkapur, Murgud, Jaisingpur, Vadgaon and Panhala are the municipalities functioning under this Act. The State Government has power to declare by notification any local area, to be a " Municipal district" and also to alter the limits of any existing municipal district. In every municipal district a municipality has to be constituted, consisting of elected councillors, the Commissioner having power to nominate councillors to represent constituencies which fail to elect the full number allotted to them. The State Government has power to prescribe the number and the extent of the wards to be constituted in each municipal district and the number of councillors to be elected by each ward. Till 26th January 1960, it can also reserve seats for the representation of women, the Scheduled Castes and the Scheduled Tribes. The term of office of a municipality is four years, but it can be extended to an aggregate of five years by an order of the Commissioner. Under the Act, every municipality has to be presided over by a president selected from among the councillors and either appointed by Government or elected by municipality, if the State Government so directs. There shall be a Vice-President for every Municipality elected by the Councillors from among their number, but if the President is appointed by the State Government or is President Ex-Officio, the result of the election shall, if the State Government by general or special order from time to time so directs, be subject to the approval of the State Government or of the Commissioner.

The government of a municipal district vests in the municipality. The head of the municipality is the President, whose duty it is to: -

(a) preside at meetings of the municipality;

(b) watch over the financial and executive administration and to perform such other executive functions as may be performed by the municipality; and

(c) exercise supervision and control over the acts and proceedings of all officers and servants of the municipality.

There is provision for the compulsory constitution of a managing committee in the case of all municipalities and of a pilgrim committee in the case of those municipalities which have been specially notified by the State Government. Option is also left to municipalities to appoint other executive or consultative committees.

The Act divides municipal functions into obligatory and optional. The former include all matters essential to the health, safety, convenience and well-being of the population, while the latter cover those which, despite being legitimate objects of local expenditure, are not considered absolutely essential. The following are among the obligatory duties laid on all municipalities: -

(a) lighting public streets, places and buildings;

(b) watering public streets and places;

(c) cleansing public streets, places and sewers; removing noxious vegetation; and abating all public nuisances;

(d) extinguishing fires, and protecting life and property when fires occur;

(e) regulating or abating offensive or dangerous trades or practices;

(f) removing obstructions and projections in public streets or places;

(g) securing or removing dangerous buildings or places, and reclaiming unhealthy localities;

(h) acquiring and maintaining, changing and regulating places for the disposal of the dead;

(i) constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, slaughterhouses, latrines, privies, urinals, drains, sewers, drainage works, sewerage works, baths, washing places, drinking fountains, tanks, wells, dams and the like;

(j) obtaining a supply or an additional supply of water, proper and sufficient for preventing danger to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply when such supply or additional supply can be obtained at a reasonable cost;

(k) naming streets and numbering (of premises);

(l) registering births and deaths;

(m) public vaccination;

(n) suitable accommodation for any calves, cows or buffaloes required within the municipal district for the supply of animal lymph;

(o) establishing and maintaining hospitals and dispensaries and providing medical relief;

(p) establishing and maintaining primary schools;

(q) printing such animal reports in the municipal administration of the district as the [(State) Government] by general or special orders requires the municipality to submit;

(r) paying the salary and the contingent expenditure on account of such police or guards as may be required by the municipality for the purposes of this Act or for the protection of any municipal property;

(s) disposing of night-soil and rubbish and, if so required by the State Government, preparing compost manure from such night-soil and rubbish;

(t) constructing and maintaining residential quarters for the conservancy staff of the municipality.;

(u) providing special medical aid and accommodation for the sick in time of. dangerous disease; and taking such measures as may be required to prevent the outbreak of the disease or to suppress it and prevent its recurrence;

(v) giving relief and establishing and maintaining relief works in time of famine or scarcity to or for destitute persons; and

(w) paying for the maintenance and treatment of lunatics and lepers and persons affected by rabies, in case they are indigent and have been residents in the municipality for one year.

Municipalities may, at their discretion, provide out of their funds for the following among others: -

(a) laying out new public streets;

(b) constructing, establishing or maintaining public parks, gardens, libraries, museums, lunatic asylums, halls, offices, dharamshalas, rest-houses, homes for the disabled and destitute persons, and other public buildings;

(c) furthering educational objects;

(d) securing or assisting to secure suitable places for the carrying on the offensive trades;

(e) establishing and maintaining a farm or factory for the disposal of sewage;

(f) the construction, purchase, organisation, maintenance, extension and arrangement of mechanically propelled transport facilities for the conveyance of the public;

(g) promoting the well-being of municipal employees and their dependants;

(h) providing accommodation for municipal employees and their dependants;

(i) construction of sanitary dwellings for the poorer classes; and

(j) any measure likely to promote the public safety, health, convenience or education.

Municipal taxation may embrace the following items: -

(i) a rate on buildings and lands;

(ii) a tax on all or any vehicles, boats, or animals used for riding, draught or burden;

(iii) a toll on vehicles (other than motor vehicles or trailers) and animals used as aforesaid;

(iv) an octroi on animals and goods;

(v) a tax on dogs;

(vi) a special sanitary cess upon private latrines, premises or compounds cleansed by municipal agency;

(vii) a general sanitary cess for the construction and maintenance of public latrines, and for the removal and disposal of refuse;

(viii) a general water-rate or a special water-rate, or both;

(ix) a lighting tax;

(x) a tax on pilgrims; and

(xi) any other tax which the State legislature has power to impose.

Instead of (i), (vii), (viii) and (ix), a consolidated tax assessed as a rate on buildings or lands may be imposed.

The rules regulating the levy of taxes have to be sanctioned by the Commissioner, who has been given powers to subject the levy to such modifications not involving an increase of the amount to be imposed or to such conditions as to application of a part or whole of the proceeds of the tax to any purpose. If any tax is imposed on pilgrims resorting periodically to a shrine within the limits of the municipal district, the Commissioner may require the municipality to assign and pay to the District Local Board such portion of the tax as he deems fit, and when a portion is so assigned, an obligation is laid on the board to expend it on works conducive to health, convenience and safety of the pilgrims.

The State Government may raise objections to the levy of any particular tax which appears to it to be unfair in its incidence or obnoxious to the interest of the general public and suspend the levy of it until such time as the objections are removed. The State Government may require a municipality to impose taxes when it appears to it that the balance of the municipal fund is insufficient for meeting any cost incurred by any person acting under the directions of the Collector or of the Commissioner, for the execution of any work or the performance of any duties which the municipality is under an obligation to execute or perform but which it has failed to execute or perform.

Many of these taxes are levied by the municipalities but the rates at which they are levied do not enable them to meet all their expenditure. Their incomes have to be supplemented by numerous grants made by Government, both recurring and non-recurring. For instance, grants are made by Government to municipalities towards maintenance of municipal dispensaries and hospitals, water-supply and drainage schemes, expenditure on epidemics, payment of dearness allowance to staff, etc. These grants add substantially to the municipal income.

Since the passing of the Bombay Primary 'Education Act (LXI of 1947), control of primary education has virtually been transferred from smaller municipalities and the District Local Board to the Kolhapur District School Board, and the financial liabilities of smaller municipalities have been limited. The Primary Education Act divides municipalities into two categories, viz., (1) those authorized to control all approved schools within their areas, and (2) those not so authorized. All smaller municipalities, being non-authorized, have to pay over to the District School Board only 5 per cent, of the rateable value of the properties in their areas as a contribution towards meeting the expenses on education.

Control over the municipalities is exercised by the Collector, the Commissioner, and the State Government. The Collector has powers of entry and inspection in regard to any immovable property occupied by a municipality or any work in progress under it. He may also call for extracts from the proceedings of a municipality or for any books or documents in its possession or under its control. He may also require a municipality to take into its consideration any objection he has to any of its acts or information which he is able to furnish necessitating any action on its part. These powers are delegated by the Collector to the Assistant or Deputy Collectors in charge of prants.

The Commissioner has powers to order a municipality to suspend or prohibit, pending the orders of the State Government, the execution of any of its order or resolution, if, in his opinion, it is likely to cause injury or annoyance to the public or to lead to a breach of peace or is unlawful. In cases of emergency, the Commissioner may provide for the execution of any works or the doing of any act which a municipality is empowered to execute or do and the immediate execution or doing of which is necessary for the health or safety of the public and may direct that the expenses shall be forthwith paid by the municipality. Subject to appeal to the State Government, the Commissioner is also empowered to require a municipality to reduce the number of persons employed by it and also the remuneration assigned to any member of the staff. On the recommendation of a municipality he can remove any councillor guilty of misconduct in the discharge of his duties.

When satisfied that a municipality has made a default in performing any statutory duty imposed on it, the State Government may direct the Commissioner to fix a period for the performance of that duty, and if that duty is not performed within the period stipulated, the Commissioner may appoint some person to perform it and direct that the expenses shall be forthwith paid by the municipality. If the State Government is of the view that any municipality is not competent to perform or persistently makes default in the performance of its duties or exceeds or abuses its powers, it may either dissolve the municipality or supersede it for a specific period. The President or Vice-President of a municipality or municipal borough may be removed by the State Government for misconduct or for neglect or incapacity in regard to the performance of his duties.

The audit of all Local Fund Accounts is provided for by the Bombay Local Fund Audit Act (XXV of 1930). The Commissioner, on receipt of the report of the Examiner of Local Funds, may disallow any item of expenditure which appears to him to be contrary to law and surcharge the same on the person making or authorising the making of the illegal payment. Appeal against the order may be made either to the District Court or to the State Government.

The Bombay Municipal Boroughs Act is applied in the Kolhapur district to the Kolhapur and Ichalkaranji municipality. This Act, enacted in 1925, confers greater powers on a Municipal Borough than those conferred on municipalities governed by the Bombay District Municipal Act, 1901.

In the case of a Borough Municipality a standing committee is appointed instead of a managing committee as in the case of district municipalities. The powers of the standing committee are wider than those of the managing committee. The appointment of chief officer is made compulsory and he has been given powers under the Act in respect of control of the subordinate staff. A chief officer has to be a graduate of a recognised university or a qualified engineer, and it is laid down by section 33 of the Bombay Municipal Boroughs Act, that no chief officer shall be removed from office, reduced or suspended unless by the votes of at least two-thirds of the whole number of councillors.

As regards taxation, a Borough Municipality is empowered to levy, in addition to the taxes leviable by municipalities governed by the District Municipal Act, the following specific taxes: (a) a drainage tax, and (b) a special education tax.

Certain powers exercised by the Commissioner in the case of district municipalities are, in the case of Borough Municipalities, exercised by the State Government, namely, (1) power to sanction the rules regulating the levy of taxes, (2) power to remove, on the recommendations of the municipality, any councillor guilty of misconduct in the discharge of his duties, and (3) power to extend the term of a municipality from four years to five years.

District Local Board.

The District Local Board.-The Local Self-Government of prising the present Kolhapur District, excluding its municipal limits had already been entrusted during the regime of the erstwhile State of Kolhapur to the then Ilakha Panchayat, Karvir, which was constituted under the Kolhapur Panchayat Institution's Act, 1926, enacted more or less on the same lines as the Bombay Local Boards Act, 1923. After the merger of the Kolhapur State in the province of Bombay on 1st March 1949, the Bombay Local Boards Act, 1923, was applied to the Kolhapur State under the Kolhapur State (Application of Laws) Order, 1949, issued by the Government, under Notification No. 4384/46-F-III, dated 1st March 1949 in the Political and Services Department. The District Local Board, Kolhapur, consisting of 40 members nominated by Government was first constituted under the Bombay Local Boards Act, 1923, under Bombay Government Order No. 6008 33(4), Health and Local Self-Government Department, dated 12th July 1949, which functioned till the newly elected Board consisting of 41 members came into existence on 11th June 1952. Four seats are reserved for women and six for Scheduled Castes and Scheduled Tribes.

Consequent upon the reorganisation of States in pursuance of the States Reorganization Act, 1956 (XXXVII of 1956) passed by the Union of India, the Chandgad Taluka in the Belgaum district (transferred to the Mysore State), was included in the Kolhapur District on 1st of November 1956 and the Government of Bombay issued the Notifications No. DLB. 1056, dated the 27th July 1957 and No. DLB. 1056-C, dated the 23rd August 1957, Local Self-Government and Public Health Department, in exercise of the powers conferred by Section 131-C of the Bombay Local Boards Act, 1923 (Bom. VI of 1923), appointing the 27th July 1957 as the date on and with effect from which the District Local Board of Kolhapur stood reconstituted for the District of Kolhapur as formed on the first day of November 1956, directing that the Board should consist of 44 members nominated by Government and that the said members should hold office upto and inclusive of the 15th day of December 1957. The constitution of the Board has been revised by Government under Order No. DLB. 1956-C, dated 27th August 1957, Local Self-Government and Public Health Department, prescribing 22 constituencies by which all the 54 members are to be elected out of which 4 members are to be women and 7 members are to belong to Scheduled Castes.

The area under the jurisdiction of the Board thus reconstituted is 3092.5 sq. miles containing a population (excluding municipal limits) of 10,89,961 souls i.e., nearly ten lakhs and ninety thousand in round figure.

Under the Bombay Local Boards Act, 1923 the term of office of the members of the Board is four years, extensible by order of the Commissioner to a term not exceeding in the aggregate five years. If an election does not result in the return of the required number of qualified persons willing to take office, the Commissioner has to appoint the necessary number.

The President of the Board is elected by the Board from among its own members. His term of office is co-extensive with the life of the Board. His chief functions are: -

(a) to preside at meetings of the Board;

(b) to watch over the financial and executive administration of the Board;

(c) to exercise supervision and control over the acts and proceedings of all officers and servants of the Board in matters of executive administration, and in matters concerning the accounts and records of the Board; and

(d) subject to certain limitations prescribed by Rules framed under the Act, to dispose of all questions relating to the service of the officers and servants, and their pay, privileges and allowances. Without contravening any order of the Board, he may, in cases of emergency, direct the execution or stoppage of any work or the doing of any act which requires the sanction of the Board.

There is also a Vice-President of the Board who is elected like the President. He presides at meetings of the Board in the absence of the President, and exercises such of the powers and performs such of the duties of the President as the President may delegate to him. Pending the election of a President, or during the absence of the President on leave, he exercises the powers and performs the duties of the President.

Under the Act, it is compulsory on the Board to appoint a Standing Committee. The appointment of other Committees is optional, but the Board has been appointing Committees for the following subject: -

(1) Works;

(2) Law and Reference;

(3) Village Panchayats;

(4) Budget;

(5) Public Health.

The Standing Committee is to consist of not more than nine members (and in the case of a Local Board having 45 or less number of members, not more than seven members), and not less than five members, as the Board may determine. The term of office of the members of the Committees is one year or such earlier period as the Board may direct. The President of the Board is the ex-officio member and Chairman of the Standing Committee. The President or Vice-President, if appointed as a member of any other Committee, shall also be its ex-officio Chairman; otherwise the Board is to appoint the Chairman of the Committee. Tenders of works costing not more than Rs. 10,000 are sanctioned by the Standing Committee. The Standing Committee also considers subjects that generally do not come within the-purview of other Committees. The other Committees advise the Board on subjects coming within their purview.

The obligatory and optional functions of the Board are set out in Section 50 of the Bombay Local Boards Act. The chief obligatory duties are: -

(i) the construction of roads and other means of communication and the maintenance and repair of all roads and other means of communication vested in it;

(ii) the construction and repair of hospitals, dispensaries, markets, Dharamshalas and other public buildings and the visiting, management and maintenance of these institutions;

(iii) the construction and repair of public tanks, wells and water-works; the supply of water from them and from other sources; and the construction and maintenance of works for the preservation of water for drinking and cooking purposes from pollution;

(iv) public vaccination, and sanitary works and measures necessary for the public health;

(v) the planting and preservation of trees by the side or in the vicinity of roads vesting in the Board; and

(vi) numbering of premises.

Under the Bombay Primary Education Act (LXI of 1947) and the rules framed under it, which came into force from 1st April 1949, the District Local Board, Kolhapur, has no longer any administrative or financial control over primary education. The only duty of the Board is to hold an election of the members of the District School Board as prescribed in the Act, and to assign to the School Board a revenue equal to 15 pies out of the income from the cess on land revenue and water-rate.

In addition to the functions under the Bombay Local Boards Act proper, the District Local Board has to perform several other functions under the Bombay Village Panchayats Act, according to which the administration of the Village Panchayats has been subjected to the general control of the District Local Board. Some of the main and important functions are: -

(i) to approve the annual budget estimates of Panchayats;

(ii) to encourage the establishment and foster the growth of Panchayats and assist them in the exercise of their powers and performance of their duties;

(iii) to carry out the audit of the accounts of Panchayats and to send audit reports to the Collector for orders;

(iv) to make by-laws generally for carrying out the purposes of the Village Panchayats Act with the previous sanction of the Divisional Commissioner.

The main financial resources of the Board, as set out in Section 75 of the Bombay Local Boards Act, are: -

(i) a cess on land revenue upto a maximum of three annas in a rupee;

(ii) a cess on water rate upto a maximum of three annas in a rupee;

(iii) all rents and profits accruing from property (including ferries) vested in the Board;

(iv) grants from Government.

Under Section 79 of the Act, the Board has to assign to every Municipality or Cantonment two-thirds of the cess on land revenue levied from lands within that Municipality or Cantonment. The Board now levies the cess on land revenue and watep rate at the maximum of three annas in the rupee.

Until 1957-58, Government used to sanction every year a grant, under Section 118-A of the Bombay Local Boards Act equivalent to 15 per cent. of the land revenue including Non-agricultural assessment realised during the previous year from lands within the limits of the Board, excluding lands within Municipal Boroughs, Municipal Districts or Village Panchayats. Now Government have, by Bombay Act No. XLIV published in the Bombay Government Gazette on pages 234-235 of Part IV, dated 22nd May 1958 amended the above Section 118-A of the Bombay Local Boards Act, 1923 and have provided that the District Local Boards shall, in future get grant equivalent to 5 per cent, of the ordinary land revenue including Non-Agricultural Assessment realised during the previous year from lands within the limits of the district excluding lands within Municipal Boroughs and Municipal Districts.

The Controlling Authorities in relation to the District Local Board are the Collector, the Commissioner, Poona Division and the State Government. They exercise in the case of the District Local Board more or less the same powers which they have in the case of municipalities.

The following were the receipts and expenditure of the Kolhapur District Local Board under the various heads in 1956-57 excluding Primary Education (which is now looked after entirely by the District School Board), and Deposits, Advances, Investments and Provident Fund: -

Receipts.

Expenditure.

Under Deposits, Advances, Investments and Provident Fund, the receipts were Rs. 9,44,792 and expenditure Rs. 10,39,532.

The Board has unrestricted powers of appointment of the Officers and of payment to them, but where it appoints a Chief Officer, an Engineer, or Health Officer and such appointment is approved by Government, Government has to pay to the Board two-thirds of the salary of any one of such Officer. At present the Board has appointed only a Chief Officer and an Engineer. Their scale of pay is Rs. 300-20-500-E.B.- 25-600 and Rs. 250-15-400-E.B.-20-500-E.B.-25-650 respectively. From 1958-59, however, Government have amended the provisions in this respect, and in future, the District Local Boards will not get any subsidy on the pay of the Chief Officer or the Engineer as before (vide Bombay Act No. XLIV published in the Bombay Government Gazette pages 234-235 of Part IV, dated 22nd May 1958).

Roads.-In 1955-56 the Board had a total road mileage of 685-5. The maintenance of these roads is a responsibility of the Board. Of these 385-5 miles are metalled, 300 miles unmetalled and no cart tracks. The Board is required to frame a three-year programme of road improvements and to submit it to the Divisional Commissioner, Poona, for sanction. Current repair works are generally provided from the local fund. During the five years ending 31st March 1956 the Board had improved a length of 3.75 miles of roads according to this programme.

The following roads of high categories are in charge of this District Local Board, and for the maintenance of the same an amount of Rs. 1,26,500 is placed at the disposal of the Board as a supplementary grant every year:-

(1) Devgad Kaladgi (Nipani Phonda State Highway). (No. 2 Mileage 43.5).

(2) Kolhapur Washi Parite Ghotavade road (Major District Road-23.9 miles.).

(3) Panhala Waghabil Road-4 miles.

(4) Gadhinglaj Sankeshwar Road (Sankeshwar Amboli-Ghat Road-107.9 miles)

There are no cart tracks in charge of this Board. An amount of Rs. 1,50,000 to Rs. 2,00,000 as grant-in-aid is paid to the Board for the following purposes: -

(1) Local Public Works grant for improvement to the existing roads and for the new construction of roads.

(2) Village Approach Road grant for new construction and maintenance of existing roads.

(3) State Road Fund grant for the roads on which S. T. and other passenger buses ply.

The current repairs of village approach roads are carried out from the Government grant.

Public Ferries.-A number of rivers, big and small, flow through the Kolhapur district, and generally become over-flooded during the monsoon, due to heavy rainfall, thereby causing the communication between villages on both sides of the river impossible for about four months in a year. There are in all 82 public ferries vesting in the Board and ferry boats of different designs to suit the locality are in a majority of cases provided for crossing the rivers.

Village Water Supply.-Wells are provided by the Board in the case of a majority of the villages, but some of the wells go dry in the hot season and at times when the water supply is not sufficient the Board tries to repair these wells and keep them in order. Government have decided to provide a large number of wells to various villages and are now carrying out their projects through various agencies. Under this scheme, although the excavation and construction of the new wells are financed by Government, they are to be maintained by the Board or the Village Panchayats concerned out of their funds, as properties vesting in them. Wells constructed by the Community Development Project, Kolhapur, are being taken over by the Board. Some village water supply works will be transferred to the Board or the Village Panchayats as the case may be, for maintenance after completion, the execution of which is now being carried out through the Revenue Authorities under the Local Development Works Programme. Under Village Water Supply Scheme 1/4th of the total cost is generally recovered from the villagers as popular contribution, in cash or kind or both.

Health and Sanitation.-As already stated, the Board has not appointed a Health Officer of its own. Its obligations in connection with the maintenance of public health is discharged by the Board with the help of the District Health Officer to whom it provides the staff and funds required for fighting epidemics and small-pox and for the maintenance of public health. Anti-plague and cholera vaccine and other necessary medicines, contingencies and appliances are supplied by the Board from its own funds. There are 23 permanent vaccinators who work under the District Health Officer but the cost on their account is borne by the Board. The Board treats all public and private wells and other sources of water supply with T. C. L. and potassium permanganate when epidemics are prevailing or are likely to prevail. To check the growth of guinea-worm, step wells are converted by the Board into draw wells. All sanitary arrangements in connection with fairs in the District are made by the Health Department of Government. The Board, however, looks to the provision of pure drinking water during fairs and on routes leading to pilgrim centres and assists the Health Department in other ways. The roads leading to pilgrim centres are maintained by the Board. The Board has also maintained a mobile unit of epidemic hospital of ten beds which is used when there is an outbreak of epidemics in the rural area.

The Board maintains 23 Ayurvedic Dispensaries and there are three subsidised medical practitioners under the Rural Medical Aid Scheme of Government. Four-fifths of the expenditure on this scheme is borne by Government and one-fifth by the Board.

Eight Ayurvedic Dispensaries have been converted into Primary Health Centres under the Community Development Project with the co-operation of the Health Department.

Other Amenities.-The Board's dharamshalas in the Village Panchayat areas have been transferred to the Panchayats as a general policy. Owing to improvement in the means of communications and quick transport, travellers are not required to halt in Dharamshalas and practically the purpose for which they were built in the past no longer survives. The Dharamshalas in most of the villages are now used for housing schools, Panchayat Offices etc. The Dharamshalas can be useful for the S. T. buses as pick-up centres in that part of area. The necessity of constructing a multi-purpose Dharamshala building is keenly felt for the safety and convenience of the public.

Village Panchayats.

Village Panchayats.-Village Panchayats form local units of administration for villages. Under the Bombay Village Panchayats Act (VI of 1933), as amended upto 31st December 1957, in every local area which has a population of not less than 500 a panchayat has to be established. It is also permissible for the State, if sufficient reasons exist, to direct the establishment of a panchayat in a local area having a population of 250 and above but less than 2,000.

The maximum number of members for a panchayat is fifteen and the minimum number seven. The members are to be elected on adult franchise. Till 26th January 1960 (i.e., till the expiration of ten years from the commencement of the Constitution of India), the State Government have been given power to reserve seats (in joint electorates) for the representation of women, Scheduled Castes and Scheduled Tribes. However, no seats may be reserved for the Scheduled Castes and Scheduled Tribes unless Government are of opinion that the reservation is necessary having regard to the population in the village of such castes and tribes. The term of office of panchayat is four years, which may be extended up to five years by the Collector when occasion demands. Every panchayat has to elect a sarpanch and a deputy sarpanch from among its members. The sarpanch presides over the panchayat and is also the executive of the panchayat. Every panchayat has also to appoint a secretary, whose qualifications, powers, duties, remuneration and conditions of service (including disciplinary matters) are prescribed by Government. The State Government makes every year a grant to every panchayat equivalent to 30 per cent, of the ordinary land revenue realised in the previous year within the limits of the village.

Section 26 of the Village Panchayats Act lays down that so far as the village funds at its disposal will allow and subject to the general control of the District Local Board, it shall be the duty of a panchayat to make reasonable provision within the village in regard to the following matters: -

(a) supply of water for domestic use;

(b) the cleaning of the public roads, drains, bunds, tanks and wells (other than tanks and wells used for irrigation) and other public places or works;

(c) the removing of obstructions and projections in public streets or places and in sites not being private property, which are open to the enjoyment of the public whether such sites are vested in the V. Ps. or belong to Government.

(d) the construction, maintenance and repairs of public roads, drains, bunds and bridges. Provided that, if the roads, drains, bunds and bridges vest in any other public authority such works shall not be undertaken without the consent of such authority;

(e) sanction, conservancy, the prevention and abatement of nuisances, and the disposal of carcasses of dead animals;

(f) the preservation and improvement of the public health;

(g) the maintenance and regulation of the use of public buildings, grazing lands, forest lands (including lands assigned under Section 28 of the Indian Forest Act, 1927, tanks and wells (other than tanks and wells used for irrigation) vesting in or under the control of the panchayats.

(h) the lighting of the village;

(i) numbering of premises;

(j) control of fairs, bazars, slaughter-houses and cart stands;

(k) provision (maintenance and regulation) of the burning and burial grounds;

(l) improvement of agriculture;

(m) the drawing up of programmes for increasing the output of agricultural and non-agricultural produce in the village;

(n) the organisation of voluntary labour for carrying on community works;

(o) the preparation of the statement showing the requirements of supplies and finances needed for carrying out rural development scheme;

(p) assistance in the implementation of land reform schemes;

(q) acting as a channel through which assistance given by the Union or State Government for any of the purposes mentioned in the aforesaid clauses reaches villagers.

Under section 26A of the Act, it is competent to a panchayat to make provision within the village in regard to the following among other matters: -

(a) crop experiments;

(b) construction and maintenance of slaughter houses;

(c) relief of the destitute and sick;

(d) improvement of cattle and their breeding and the general care of the livestock;

(e) establishment of granaries;

(f) village libraries and reading rooms;

(g) planting of trees along roads in market places and other public places and their maintenance and preservation;

(h) lay-out and maintenance of play grounds for village children and of public gardens;

(i) promotion, improvement and encouragement of cottage industries;

(j) destruction of stray and ownerless dogs;

(k) construction and maintenance of dharamshalas;

(l) management and control of ghats which are not managed by any other authority;

(m) assistance to the residents when any natural calamity occurs;

(n) disposal of unclaimed corpses and unclaimed cattle;

(o) construction and maintenance of markets;

(p) establishment and maintenance of markets;

(q) watch and ward of the village and the crops therein; provided that the cost of watch and ward shall be levied and recovered by the panchayat from such persons in the village and in such manner as may be prescribed;

(r) construction and maintenance of houses for the conservancy staff of the panchayat;

(s) making a survey;

(t) bringing under cultivation of waste and fallow lands vested by the Government in a panchayat under section 28-B;

(u) co-operative management of resources of the village;

Under section 28 of the Act, when sufficient funds for the purpose are placed at the disposal of the panchayat by the District Local Board, the panchayat is under an obligation to: -

(a) supervise the labour employed by the board on works within the village;

(b) supervise repairs to dharamshalas;

(c) manage and maintain cattle pounds; and

(d) execute such works as are entrusted to it by the board.

Subject to such conditions as the State Government may impose, it is also competent to a panchayat to perform other administrative duties, including the distribution of irrigation water, that may be assigned to it by the State Government after consultation with the District Local Board.

Under section 89 of the Act, every panchayat is under an obligation to levy a house tax and a tax on lands not subject to payment of agricultural assessment at rates prescribed by Government, and it is competent to a panchayat to levy all or any of the following taxes or fees at such rates and in such manner and subject to such exemptions as may be prescribed by Government, namely: -

(i) pilgrim tax;

(ii) tax on fairs, festivals and entertainments;

(iii) octroi;

(iv) tax on marriages, adoptions and feasts;

(v) tax on shops and hotels;

(vi) tax on premises where machinery is run by steam, oil, electric power or manual labour for any trade or business and not for a domestic or agricultural purpose;

(vii) fee on markets and weekly bazars;

(viii) fee on cart stands;

(ix) fee for supply of water from wells and tanks vesting in it for purposes other than domestic use;

(x) general sanitary tax;

(xi) special sanitary cess;

(xii) toll on vehicles and animals;

(xiii) general water rate;

(xiv) special water rate;

(xv) fees for watch and ward and protection of crops; and

(xvi) tax on brokers and dalals in the cattle markets. It is also laid down that every panchayat shall levy any one of the above taxes as may be prescribed by Government in regard to the panchayat.

It is also competent to a panchayat to levy any other State tax which has been approved by the District Local Board and sanctioned by Government.

Section 90 of the Act gives the District Local Board power to compel a panchayat to levy or increase any of the taxes or fees specified if it appears to the board that the regular income of the panchayat falls below what is necessary for the proper discharge of the obligatory duties of the panchayat.

The State Government makes every year a grant to every Panchayat equivalent to 30 per cent. of ordinary land revenue realised in the previous year within the limits of the village.

Nyaya Panchayats.

Unlike other local self-governing units, every village panchayat is empowered to constitute a body called nyaya panchayat to try petty civil suits and criminal cases. The nyaya panchayat is composed of five members elected by the panchayat at its first meeting out of its members. It elects its chairman from among its members and its term of office is co-extensive with that of the panchayat. The State Government have powers to remove any member of the nyaya panchayat for reasons of misconduct in the discharge of his duties, or of any disgraceful conduct, or for neglect, refusal or incapacity in regard to the performance of his duties.

The secretary of the panchayat acts as the judicial clerk of the nyaya panchayat. Conviction by a nyaya panchayat is not deemed to be previous conviction for the purposes of the Indian Penal Code.

Under Government Notification, No. 4514/4 (26) of the Home Department, dated 20th February 1950, all nyaya panchayats in the Kolhapur district are invested with powers: -

(1) to try civil suits not affecting any interest in immoveable property upto the value of Rs. 25 and, with the consent of the parties, upto the value of Rs. 100;

(2) to take cognizance of and try the following offences, namely: -

Pleaders, vakils, etc., are not permitted to appear on behalf of arty party in any suit or case before a nyaya panchayat. Appeals are allowed to the District Court in civil suits and to the Sessions Court in criminal cases.

Powers of control over panchayats are given to the Collector and the District Local Board. Both of them have concurrent powers to call for information and to compel the panchayat to take into consideration any objection they have to any acts of the panchayat, either of commission or of omission, or any information which necessitates the commission of any act by the panchayat. They can also compel the panchayat to reduce the number of the staff maintained by it or the remuneration paid to them. In addition, the Collector has powers of suspension and prohibition in respect of the execution of any order or resolution of a panchayat which, in his opinion, is likely to cause injury or annoyance to the public or to lead to a breach of the peace. In cases of emergency, the Collector may also provide for the execution of any work or the doing of any act which a panchayat is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public, and may direct that the expenses shall be forthwith paid by the panchayat.

The District Local Board is authorised to carry out each year the audit of the accounts of a panchayat and forward a copy of the audit note to the Collector. If it appears to the board that a panchayat has made default in the performance of its obligatory duties, it may order the duty to be performed within a specified period, and, if the duty is not performed within that period, the board can appoint some person to perform it and direct that the expense be paid by the defaulting panchayat.

The State Government also is given powers to carry out at the cost of the panchayat any of the panchayat's obligatory duties when it appears to it that the District Local Board has neglected to take action. The State Government has also powers, after consultation with the District Local Board, to dissolve or supersede a panchayat, if, in its opinion, the panchayat had exceeded or abused its powers or made persistent default in the performance of its obligatory duties; or persistently disobeyed any of the" orders of the Collector. If a panchayat is superseded, all its powers and duties will be exercised and performed by a person or persons appointed by the State Government.

In pursuance of a resolution, dated the 13th September 1950, Government have appointed in the Kolhapur district a special officer of the grade of Mamlatdar for the development of village panchayats on sound and proper lines. This officer is authorised, under section 95(3) of the Village Panchayats Act, to exercise the powers of a Collector and of a District Local Board under section 94 (1) of the Act. Several duties have also been placed on this officer, and he is expected to do everything that is possible to popularise village local self-government and to make the working of village panchayats really effective. An annual report on the activities of panchayats has to be prepared by him and submitted to the Collector before the 15th of May, and, within a fortnight thereafter, the Collector has to forward that report to the Government with his own remarks.

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