Lakshadweep Gazette, No. 7, 26 April 2022

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VOL. LVII. No. 7 WEDNESDAY, 5th MAY, 2021 / 15th VAISAKH, 1943 (SAKA)

GOVT. OF INDIA

LAKSHADWEEP ADMINISTRATION

DEPARTMENT OF PANCHAYATS

Kavaratti Island, Dated : 04-05-2021.

NOTIFICATION

F.No. 2/1/2021-DOP/298 :- In exercise of the powers conferred under Section 39(2), 40(1), 41(1)(2) and (3), 44(2) and 81 (1) and 2 (g) of Lakshadweep Panchayats Regulation, 1994 (No. 4 of 1994), the Administrator, Union Territory of Lakshadweep hereby makes the following Rules to amend the Lakshadweep Panchayats (Staff) Rules, 2012, namely :-

RULES

1. Short title and commencement :-

(1) These rules may be called the Lakshadweep Panchayats (Staff) (Amendment) Rules, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette of the Union Territory of Lakshadweep.

2. In Lakshadweep Panchayats (Staff) Rules, 2012,

(1) In rule 4, the words "and also as per the guidelines issued by the District Panchayat with the prior approval of the Administrator" shall be omitted.

(2) In rule 6, the words "The Panchayat will have powers to impose minor penalties and it should be done under intimation to the Department concerned and to the Directorate of Panchayats" shall be omitted.

PRICE : 75 PAISE

(3) In rule 7, in first paragraph, the words and symbol ", and with the approval of the 'Administration and Establishment Committee' of District Panchayat." shall be omitted.

(4) The second paragraph of Rule 7 shall be omitted.

(5) Rule 8 shall be omitted.

(6) In rule 9, the words "without the prior approval of the department concerned" shall be omitted.

/By order of the Hon'ble Administrator, Union Territory of Lakshadweep Administration/

Sd/-

(DAMODHAR A.T.), IFS SECRETARY (PANCHAYATS)

GOVT. OF INDIA

LAKSHADWEEP ADMINISTRATION

DEPARTMENT OF PANCHAYATS

Kavaratti Island, Dated : 05-05-2021.

NOTIFICATION

F.No.2/1/2021-DOP/30 :- 1. This Notification is issued in supersession to earlier Notification F.No.2/1/2012-DOP dated 07.03.2012 on assigning functions, functionaries and funds to the District Panchayat and Village (Dweep) Panchayats in the Union Territory of Lakshadweep.

2. Earlier, in exercise of the powers conferred under sub section (2) of section (44) read with Section (46) of Lakshadweep Panchayats Regulation, 1994 (No.4 of 1994), the Administrator, Union Territory of Lakshadweep vide Notification F.No. 2/1/2012-DOP dated 7.3.2012 transferred schemes and programmes along with functionaries and funds in respect of the Departments of Agriculture, Animal Husbandry, Education, Fisheries and Medical & Health Services to the Lakshadweep District Panchayat, with respect to: (i) The preparation of plan for economic development and social justice; and (ii) The implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh schedule.

3. The above mentioned Notification dated.07.03.2012 mandated a review of the transfer of the staff to the District Panchayat at least once in four years. The schemes and programmes transferred along with functionaries and funds have accordingly been extensively reviewed in the month of April 2021, by the Administration as to whether the devolved activities transferred to the Panchayats in the right spirit of the devolution, had the necessary impact on the economic development and social justice in the Territory. It was felt that the said Notification dated 7.3.2012 had overburdened the PRIs with manpower management and issues regarding procurement of various commodities, where by adversely affecting the efficiency of the seamless execution of schemes, transferred to PRIs.

4. In exercise of powers conferred under section (39), (40) and (41) of Lakshadweep Panchayats Regulation, 1994 the Administrator Union Terrory of Lakshadweep transfers the entire establishments of Agriculture, Animal Husbandry, Fisheries, Education and Health, and staff under respective Directorate with immediate effect and with directions to all the Directors of the Department concerned to provide the Panchayat, the requisite manpower under a District officer to the District Panchayat and Village Dweep Panchayat within 10 days from issue of this Notification. The Director concerned will need to keep a close watch on the requirements of manpower, in order to ensure that no scheme under Panchayat suffers due to paucity of manpower. All personnel related issues will be handled by the respective Directorate henceforth.

5. Further, in exercise of the powers conferred under sub section (2) of Section (44) read with Section (46) of the Lakshadweep Panchayats Regulation, 1994, the Administrator, Union Territory of Lakshadweep is pleased to further orders as below.

i. It will be the responsibility of respective Directorate to draw the schematic Budget for the schemes transferred to PRIs, place the same before District Programme Committee through the Directorate of Panchayat and release the GIA to District Panchayat and Village (Dweep) Panchayats, accordingly.

ii. The Directorate concerned will be issuing details, including schematic budget, on which activities the funds released shall be spent by the Panchayats. The Panchayats shall not make any diversion and the grant shall be used only for the specific purpose for which it has been earmarked and allotted in the budget.

iii. The respective Directorate will ensure the timely release of grant to the Panchayats for all Centrally Sponsored Schemes, if executed through Panchayats.

iv. The buildings, assets and other infrastructure will continue to be owned by the Government. Further it will be responsibility of respective Directorate to maintain the building, assets and infrastructure, transferred to the PRIs.

v. All the beneficiary oriented scheme for farmers, fishers, students, patients etc. shall be executed through the DBT mode, and no procurement of any kind for distribution to public shall be done by either Directorate or the Panchayat, except medicines and other essentials.

vi. The respective Directorates shall also ensure that all the production assets such as Ice plants and Dairy farm, Goat farm, Hatchery, Fish market etc are handed over to Producers Organization, SHG, Cooperative Societies etc., in a phased manner.

vii. The respective Directorate shall exercise control and superintendence on the staff posted in Directorate as well Panchayats in matters of appointments, promotions, transfer and posting, MACP & all leaves (except casual leave). The appointing authority shall continue to be the Disciplinary Authority in all matters of misconduct & indiscipline.

viii. The Village (Dweep) Panchayats shall function within their sphere of delegation, but in coordination with respective Directorates for effective implementation of the activities. All the grants released to the Panchayats shall be spent strictly as per provision under the Lakshadweep Panchayats Regulation, 1994, Lakshadweep Panchayats (Finance & Accounts) Rules, 1997 and GFR of Central Government.

ix. All agriculture demonstration units through which the programmes of coconut development, organic farming, livelihood support services. horticulture development, integrated pest management, will continue to be maintained by Village (Dweep) Panchayats in addition to the schemes which are implemented by VDPs under Grant in Aid.

x. Poultry development programme, goat development programme, cattle development programme, veterinary services, will remain with the District Panchayat.

xi. All schemes and programmes of primary, secondary, higher secondary i.e. from 1st to 12th Standard of Education Sector will continue with the District Panchayat. However the Pre-Primary section will continue to function under Village (Dweep) Panchayats. The conduct of Examinations and sponsoring of candidates for higher studies shall be the responsibility of the Directorate of Education.

xii. The fishermen training centre, extension, museum and Marine Aquarium shall continue to be with District Panchayat.

xiii. All schemes of health and sanitation including hospitals, primary health centers & dispensaries, family welfare and public health activities will continue to be under the District Panchayat. Accordingly all the hospitals, community health centers and primary health centers (except Indira Gandhi Hospital, Kavaratti and Rajiv Gandhi Specialty Hospital, Agatti) along with all schemes will continue to be with the District Panchayat.

xiv. This notification comes into force with immediate effect and will further be reviewed as and when need arises in future.

/ By order of Hon'ble Administrator, Union Territory of Lakshadweep /

Sd/-

(DAMODHAR A.T.), IFS SECRETARY (PANCHAYATS) LGP.Kvt.H-115/5-21/50