JOAO SOUSA M | NT

PANAJI: The zilla panchayats (ZPs) are eagerly awaiting the forthcoming Assembly session, which is just round the corner, as the government had assured the court to take up the recommendations of the Second Finance Commission, which would give them more powers.

The assurance from the government was made by the Advocate General, Mr S Kantak, based on which, the High Court had disposed the petition in favour of the zilla panchayats. The petition was filed by the former chairperson of North Goa Zilla Panchayats, Ms Amol Morajkar against the Union government, Ministry of Panchayati Raj, Goa government claiming that zilla panchayats in Goa were not given sufficient powers under the provisions of the Constitution of India.

The Goa bench of the Mumbai High Court comprising of Mr Justice Naresh Patil and Mr Justice R M Savant in its judgment while disposing the petition had pointed out that "Mr Kantak assured the court that the Second Finance Commission report is ready and the state would constitute a committee of ministers which would submit report to the state and thereafter in accordance with Section 199, the said report could be tabled before the state legislature."

Further in its judgment, the court had pointed out that the Advocate General had submitted before it that the Second Finance Commission report was to be laid before the State Legislature in the session after the budget session of 2010 adding that the state would deliberate in respect of the powers and directions as envisaged in Section 199 of the Goa Panchayati Raj Act, 1994, subject to the constitutional mandate.

However, the wait could be longer as the validity of Second Finance Commission report expires later this year while the government is dragging its feet on the issue and it is yet to constitute a committee of ministers to study the recommendations of the Finance Commission with regard to giving more powers to the zilla panchayats.

The report was submitted to the government in 2007, and is valid till end of 2010.

Reliable sources in the panchayats ministry on condition of anonymity informed that the committee is yet to be constituted by the government and the file with the names of ministers, which are likely to be a part of the committee is pending before the Chief Minister, Mr Digambar Kamat.

He said some of the ministers, which have been recommended on panel, include the Power Minister, Mr Aleixo Sequeira, Panchayat Minister, Mr Manohar Azgaonkar, PWD Minister, Mr Churchill Alemao and others.

He said that after the committee is formed, it will issue notification based on the Second Finance Commission recommendations in accordance to Section 199 of the Panchayati Raj Act, 1994, which will then be tabled before the assembly.

Section 199 of the Panchayati Raj Act states "the government shall as soon as may be, within one year from the date of commencement of this Act and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the zilla panchayats, taluka panchayats and panchayats and to make recommendation to the government."

The second finance commission was constituted in 2005 under the leadership of late Alban Couto, who submitted his report to the government in 2007.

Further, the Section 199 states that the Finance Commission should make recommendations to the government on the distribution of funds between the state and the zilla panchayats, and panchayats and the net proceeds of the tax, duties, tolls and fees leviable by the government, which may be divided between the 80 zilla panchayats, taluka panchayats and panchayats. Besides this, recommendations on grants-in-aid to the zilla panchayats, taluka panchayats and panchayats from the consolidated fund of the state, measures needed to improve the financial position of the zilla panchayats, taluka panchayats and panchayats.

Reacting to the development, the North Goa zilla panchayats chairman, Mr Pandurang Parab said that the Panchayats Minister had assured him that he had no problem in giving more powers to zilla panchayats, however, the finance minister should give sufficient funds for development.

He said that the zilla panchayat members would wait and watch before deciding on its further course of action.