Good Governance Features in Kerala Local

Government SystemA Presentation

by

K Rajasekharan KILA, Thrissur

& Jos ChathukulamCRM, Kottayam

What is Governance ?

• Governance is the process of decision making and the process of implementing or not implementing the decisions

• It refers to the management of public affairs & resources (power)

• It is a process of policy making aiming at welfare of all and happiness for all (inclusion)

What is Good Governance

• Right, just, fair & moral governance• The Governance that provides greatest good of

the greatest number of people• Good governance aims at re-inventing

government, re-positioning bureaucracy and re-invigorating non govt. sectors

• The Governance that works less machine like, having less hierarchical systems and with lesser procedures

• Governance that has a missionary zeal, egalitarian values and that works in an energized manner,

• It implies plurality of decision centres, multiplicity of actors in decision making and less formal modes of decision making

Amartya Sen’s Concept of Social Justice and its implications on Good Governance

• Arrangement focused view of Justice • Realisation focused understanding of Justice

Sen gives distinction between two concepts of

‘Niti’ & ‘Nyaya’ and Its Implication on Good Governance

Means of Bringing in Good Governance to Local Govts in Kerala

• Devolved functions, functionaries & funds• Regular audit of local govts. to avoid

misuse• Reserved seats for women & marginalized

classes • Provided training for capacity development• Ensured transparency & accountability

measures• Citizens Charter for bettering services

• Instituted Ombudsman to curb corruption & Tribunal to resolve conflicts

• Ensured appropriate structures & enabling environment for participatory decision making

Excellent Legal Framework

• Indian Constitution – provided framework

• Kerala Panchayat raj /Municipal Acts – amended several times for improvement

• Allied Acts – around 40 in numbers

• Other General Acts – appropriately intertwined with local govt. acts

• Rules/ orders/circulars – issued whenever needed

Division of Powers & Responsibilities

• Transferred Functionaries, Functions & Funds to local govts. Followed Principle of Subsidiarity

• Funds divided in tune with quantum of functions / population

• Mandatory functions done only by lower tier local govts.• Development projects need to aim at economic

development & social justice• Transferred institutions or functionaries to be managed

by local govt. and technically controlled by Depts

Ensured Sufficient Funds

• Ensured own taxes for lower tier govts.

• Provides Fund for traditional functions

• Provides Fund for maintenance of transferred institutions & Roads separately

• Local govts. can collect donations

• have discretion in deciding expenditure items

Meetings Ensure Good Governance

• Multi-level committee system increases actors in decision making

• President & Officers are partners in conduct of meetings

• All meeting are transparent• Members can ask questions & can present a

resolution in local govt. committee • Agenda & Minutes of local govt. committee

need to be published on the notice board

Role of Officials & Elected Functionaries

• Policy & political decision making by elected functionaries

• Officers have professional freedom & advisory role

• Elected Functionaries have control over officials

• Mutual respect to be followed in words & deeds

Planning Ensures Participation

• Need Identification through grama sabha

• Situation Analysis by working groups• Strategy setting in development

seminars• Projectisation by working groups• Plan finalization• Plan Vetting• Plan approval

Less Control by Govt. over Local Govts. to Ensure Self Discipline

• Govt. can ask for any information & examine records

• Govt. can issue general guidelines• Govt. can conduct enquiry• Govt. can stop implementation of a

resolution temporarily• Can dissolve a local body / resolution on

receipt of opinion from Ombudsman

Budget for Planning Actions

• Budget should be the action plan for the activities of the ensuing year

• Budget to be passed before every financial year

• Budget should be surplus with 5 per cent excess

• Govt. can dissolve a local govt. for not passing a budget

Accounting to Ensure Better Financial Management

• New accounting system implemented since April 2004

• Cash based single entry system

• Monthly and Annual Financial Statements need to be reconciled

• Local govts. follow Account heads of the State Govt.

Social Audit to Ensure Social Control

• Exercise of control by people

• Committee systems, Grama sabha and monitoring committees make social audit effective

• Right to information is a good tool for social audit

Performance Audit to Ensure Better Performance

• Team of 3 persons visit local body every 3 months and suggest advisory remarks

• It is a sort of internal audit• They cannot fine or issue penal action • A consolidated report will be submitted to

govt.• Their role is performance evaluation &

outcome assessment

Local Fund Audit to Avoid Financial Discipline

• Statutory audit and done every year

• Local govt. to discuss the report after one month

• Submit a rectification report after two months

• Both reports to be published in the notice board and Grama sabha

Citizens Charter to Improve Services

• The charter includes services, conditions for obtaining the services and the minimum time to give the services

• To be published before six months on assuming office, in consultation with officers

• Renewed every year• Citizen can complaint on non enforcement

Ombudsman to Reduce Corruption

• Quasi- judicial body to minimize corruption and mal- administration

• Citizens can submit cost free (Rs 10) complaints

• Can compensate the loss or punish the responsible

• Rectify the defects in mal-administration• Can order other remedial measure

Ombudsman deals with

• Abuse of positions /corrupt or improper actions• Corruption/nepotism/favouritism• Make loss /waste /mis-application of

money/property• Excessive use of power• Un-reasonable/oppressive/discriminatory actions• Actions causing delay/loss / waste of money

Tribunal for Conflict Redressal

• Can decide appeals and revisions against decisions of local govts

• Chaired by a District Judge

• Simple procedures followed

• Can advise govt. on legality of any decision of local govt.

Right to Information to Ensure Transparency

• Any one can have the right to obtain any unclassified documents (since 1984)

• Submit application in the prescribed format along with Rs10

• Secretary will give copy within 30 days on payment of fee

• Appeal/second appeal can be made• Fine /punishment etc will be imposed on

delinquency

Other Matters to be Implemented

• Each local body to prepare a vision document and Annual plan/ Five year plan and 15 years plan

• Need to improve the quality of services• The laws & rules need to be enforced • Functionaries are to be made servants of the

people• Need to ensure Governance by the people, of

the people & for the people

Thank You