WORKING PAPER FOR LOCAL SELF-GOVERNMENTS

1.      What are the functions and responsibilities in respect of environment?                           

2.           The relevant legislation on which information (and training) should be given

3.      Who are the 'Managers'?

In so far as the rural institutions of self-government are concerned, viz. the Panchayats, the Constitution (Seventy Third Amendment) Act. 1992 is the most important source of functions and responsibilities in the protection and promotion of environment. Schedule XI of the 73rd announcement read with Article 243-G enables state legislative to endow, the Panchayats with powers and responsibilities in respect of environment amongst other matters. It refers to items such as :

Land improvements, land consolidation and soil conservation; social forestry and farm forestry; Indian irrigation; water management and watershed development, health and sanitation etc.

In accordance with the 73rd amendment, the Kamataka Panchayatiraj Act 1993 reserves the various subjects just mentioned in three schedules, one each for Grama Panchayat, Taluka Panchayat and Zilla Panchayat (most State-level legislation focus this pattern) as follows:

GRAM PANCHAYAT: (is an area comprising a population of between 5,000 to 7.000 or of 2,500 in the Malnad districts). $.58 of the 1993 mandates that the G.P. "shall" perform functions specified in Schedule-1 which includes, among others: development of wastelands and maintenance of grazing lands; grassland development; tree planting; farm forestry, social forestry; construction and maintenance of drinking water wells and tanks; control of water pollution, promotion of community; non-conventional energy devices, rural sanitation, public health, maintenance of community assets, public parks and playgrounds. Further, the Government can also assign functions of management forest and pasture lands, control over quarrying, emission of smoke and so on.

TALUK PANCHAYAT : The list of obligatory functions to be performed is included in Schedule II ($.145). Most of the subjects mentioned in Schedule I are repeated here. An additional item is storing an distribution of insecticides and pesticides.

ZILLA PANCHAYAT : Functions similar to those stated in I and II schedules are laid down in Schedule III. Development of ground water resources is an additional matter.

The Communication infrastructure for training purposes is best at this level with the concentration of distinct level officers of all departments, important educational institutions as well as the media. The functions and responsibilities outlined above require, in the form of legal support, information to managers of environment about the following legislation:

   1.   Karnataka Town and Country Planning Act 1961, especially Chart I-A on Local
Panning Areas and Planning Authorities, S.14-A regarding change of land use; Chapter IV on comprehensive Development Plant; Chapter V regarding Town Planning Scheme and its contents (includes important requirements such as reservation of land for open spaces, rooms, green belts, drain as inclusive of sewerage, sewage disposal, water supply etc); Chapter IX Law Acquisition.

  2.   Karnataka Land Revenue Act 1964 especially Chapter VII concerning Land;
regulation of use of pasturage, Right to Trees in Villages, roadside trees etc. Chapter VII-A regarding construction of water course.

  3.   The Mysore Land Improvement Act, 1961. –

  4.     Karnataka Forest Act, 1963 and Karnataka Preservation of Trees Act, 1976
         (maintenance of forest, social forestry).

5.     Air (Prevention and Control of Pollution Act, 1981).

6.     Water (Prevention and Control of Pollution Act, 1974).

7.     Environment (Protection) Act, 1986.

8.     Hazardous Wastes (Management and  Handling) Rules, 1989.

9.     Mines and Minerals (Regulation and Development) (Central) Act, 1957.

10.    Public Health Act, 1880.

11.    The Vaccination Act, 1880.

12.    The Epidemic Diseases Act, 1897.

13.    Prevention of Food Adulteration Act, 1954.

14.   The Constitution 73rd Amendment Act,

15.   Kamataka Panchayati Raj Act, 1993.

Who are the Managers of Environment in rural local self-government?

a.         At the Gram Panchavat Level:

Secretary of Gram Panchayat an official of the State Government and a Group C Officers with formal qualification ranging from X standard to a Degree Adyaksha and Upadhyaksha and 'Amenities Standing Committee':

The general educational attainment of the election functionaries at this level is likely to be very low. A survey conducted during the closing years of the 80s of the educational background of Zilla and Manual Panchayat members revealed that 18.7% of the Mandal Panchayat (intermediate tier) members were illiterate and 62.9% were educated up to middle school. Only 9% were high school educated of the Women members, 36.8% were illiterate, 45.6% went to primary and middle school.

b.   Tools of Communication;

Given this background, both the official and the elected representatives need to be trained by means of audio-visual presentation. That could be supplemented with graphically illustrated handout written in local language. In addition to such presentation during training sessions, the T.V. course be effectively used for periodic publicity of the more common pollution situations.

Essentially the same approach should be adopted in the case or Taluk Panchayat, although its administrative head-called the 'Executive Officer' and a Group A Official - is better placed than Gram Panchayat's Secretary to grasp the character of pollution control laws.

The situation is even better in the case of Zilla Panchayats. An Officer of the IAS cadre is its Chief Executive and he has a large contingent of Senior, technical personnel of various, departments who could assist him in the administration of environmental laws. The State Pollution Control Board also has its offices in the district head quarters.

The social background of Zilla Panchayats’ Adhyaksha and members is characterised by relatively good educational attainment. While only 1.34% were illiterate about 28% had passed X std. They accounted along with those who had passed the pre-university and degree courses, for 59% of all the elected members. Those with legal qualification accounted for 8.44%. The task of training, therefore, at the Zilla Panchayat level is relatively easier.

Role of Local Community:

The active involvement of local community in the management of environment will be facilitated by informing the people of their rights conferred by the Environmental Laws. Community leaders and NGOs' should be so trained, as to ask the right questions and be informed about the development projects proposed to be located in their areas. Much of the regulation of environmental impact has hitherto been the responsibility of bureaucrats and hired scientific consultants. This should change in favour of people; participation in management. Such a change might be triggered by underscoring the importance of citizen action through Public hearing, EIA, Public Interest Litigation etc.

The Community might also be mobilised for the task of mapping out community assets - an item listed in the Panchayati Raj Legislation - including bio-diversity and bio-mass resources. The very process of identifying resources around the village might create an awareness of the environment.