The members of the Panchayat feel that they are conferred with a lot of powers under the Panchayat Raj Act, 1994. In reality, individually they have no powers and collectively the powers are very limited within the framework of the Goa Panchayat Raj Act, 1994. The villagers in the Panchayat Ward feel the Panch or so-called Ward member has been conferred with lots of powers or alternatively the Panchas themselves try to usurp powers not conferred on them.
The powers of the Sarpanch are very limited under the Goa Panchayat Raj Act, 1994 but he too feels that he is a Master of the Village. The Goa Panchayat Raj Act, 1994 Section 47 (iii) empowers the Secretary to execute resolutions passed by the Panchayat body. That does not mean that the Panchayat Body can adopt resolutions contrary to the provisions laid down in the Goa Panchayat Raj Act. Most often than not, the Resolutions so adopted by the Panchayat Body are not within the powers of the conferred on them and the Secretary whose function is to guide the Sarpanch and the Panchayat body and further inform them of the provisions of the Act does not do so as he himself is not familiar of the provisions of the Goa Panchayat Raj Act, 1994 and the Rules framed there under. As such the Panchayat Secretary permits the Panchayat body to adopt unlawful, unjust and improper resolutions which he and the Sarpanch either attempts to implement or enforce even though such resolutions are not in accordance with the law.
The Secretaries themselves are most incompetent and have very poor English skills. Even though they call themselves graduates, some of them don’t look to be even SSC pass. If one reads the resolutions that the Secretaries of the Village Panchayat draft one would be shocked. They are unable to write the minutes of the meetings and are unable to provide any explanation at a Gram Sabha whenever they are questioned. They run away after the Gram Sabha meeting even though they are supposed to write the minutes on the spot.
If one looks at the work that the Secretary of the Panchayat has to undertake, one will find that he has to carry out works of preparing the Budget, update the accounts, maintain the daily and monthly Income and Expenditure, regularly correspond with other government departments, etc. It is sad to note that the Secretaries are unable to perform their duties and unfortunately the elected members are at the mercy of the Secretaries. The Sarpanch is free to correspond directly with the departments with respect to the works of the Village Panchayat but hardly any single Sarpanch does or takes that initiative to do so and merely relies on the Secretary.
The new thinking of most elected members of the Village Panchayats is that the position is a lucrative one and they have to make a buck at every opportunity by otherwise denying persons of the services like NOCs, permissions, licences, certificates, etc. Secretaries are no less. The Village Panchayats through its Secretaries are the Licencing Authorities for construction licences, NOCs, Trade Licences and several other works. They take full advantage of the opportunity to get their palms greased for every file or application that comes for such works and such matters are dealt hand in hand with the Sarpanch and yet times with some or all of the members.
The Secretaries are responsible for granting so-called sub-division at hefty prices to all the illegal constructions carried out within their jurisdictions and further granted them NOCs for light and water connections. In the good old days lady officers were considered to be very genuine and sincere in their work and would not fall prey to bribes. It seems as if the times have changed and even the lady Secretaries have been demanding a price for every service including allotment of sub-division numbers, construction Licences, NOCs etc.
Unfortunately, most citizens who need services from the Village Panchayats feel that there is no other alternative but to agree to such demands and some citizens feel it is necessary to pay like a tip to a waiter, even though the salaries of the public servants has gone up considerably as compared to yester years. Very few Sarpanchas and Secretaries work with dedications and sincerity while others have already bought plots, cars, with capacity to drive to and from to work with a four- wheeler.
It not that they should not live in comfort and enjoy the amenities that they can afford. The pleasure is when you enjoy such amenities out of genuine hard work rather than through unlawful means. Such earnings could be equated to a prostitute earning by rendering her services. People will remember Public Servants from their deeds and not their misdeeds. There are few officers who are genuine and work with dedications and we cannot put everyone in the same boat.
What would all the money be worth if these officers and their families do not enjoy good health. What would be worth when their children indulge in all sorts of vices from the ill-gotten wealth. It is not enough to say I have bought a plot, or built a house or bought a car and acquired a lot of assets. What would be all that wealth if you are on dialysis with failed kidneys or suffering from cancer? The cancer of corruption has to be stopped. You can enjoy such peace and good health when you work with dignity. It’s better to have less or have nothing then to have lot with no good health to enjoy it. What does it profit a man to win the whole world but lose his own soul?
(Tome Isidoro Carvalho is a practising lawyer).
