KHADC: Going Beyond the Rhetoric

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By Sumarbin Umdor

The KHADC has recently celebrated its 64th Anniversary in which its Chief Executive Member, Mr. Pynshngaiñlang Syiem, urged his ‘council members and officials to take responsibility for proper functioning of the autonomous district council to achieve the objective of the Sixth Schedule and for the benefit of the people’. I welcome this appeal of Mr. Syiem and would like to highlight some of the issues that require attention of the council. The KHADCs as well as the other two ADCs in Meghalaya are single tier local governments empowered with all the three organs of government-legislature, executive and judiciary. However, compared to ADCs in Assam the councils in Meghalaya have very limited legislative powers which is further restricted by para 12A of the 6th Schedule which gives preeminence to state laws over laws enacted by the councils. When it comes to development and civic functions, here too we find that the councils in Meghalaya have very limited functions as the State government has not transferred any additional subject to them outside those under para 6 (1) of the 6th Schedule. In contrast, the State Government of Mizoram has entrusted functions of 20 departments to its three ADCs in areas within their jurisdiction, in exercise of provisions contained in paragraph 6(2). Similarly, the State government of Tripura has transferred executive powers of schemes of about 15 departments to its lone ADC.

The expansion of functions of ADCs in Meghalaya can happen only through an amendment of the 6th Schedule or by the State government transferring some of its functions to the councils as in the case of Mizoram and Tripura. The former route is unlikely as the substantial power assigned to Bodo, Karbi and Dima Hasao autonomous councils of Assam under para 3A and 3B took place under intense statehood agitations from these areas. Similar situation does not exist in Meghalaya. Therefore, if KHADC desires to play a greater role in development and civic functions the second alternative is more accessible provided the present vitriolic relationship between the two tiers of governments is replaced by one of engagement and cooperation.

Of course devolution of functions to ADCs in the state is meaningless if they are not able to effectively implement functions already assigned to them. If KHADC has ambitions to expand its operations then it has to show it competence in delivery of existing functions. Here the council can steal a march on the state government by enacting a law for time bound and transparent delivery of limited public servicessuch as issuing of land documents, mortgage clearance, trading licences, etc., in line with similar public service acts passed by Odisha, Bihar and other states.

The ability of KHADC to better serve the public depends greatly on its functionaries. Today all the three councils in the state faces a dilemma of overstaffing while at the same time facing an acute shortage of technical and professional expertise. This situation has arisen as successive members of the Executive Committee have used their tenure to provide backdoor appointments to their supporters mainly in clerical and ministerial positions. This unhealthy practice has to stop.

The councils needs to augment its human resource base for which it should adopt a dual strategy of appointing consultants to advise and assist the council in critical areas while at the same time providing hard and soft skills training to existing staff. Let me now turn to another aspect of functioning of the ADCs which requires urgent attention and this concern the finances of the councils. KHADC has recently received Rs. 133 crore sanctioned by the central government as special assistance grants and already there is expectation for more of such funding in the future. However, this would largely depend on the effectiveness and efficiency in the manner in which KHADC and the other councils utilise the public funds provided to them. I don’t think the central government would continue to pour money to the ADCs if they prove to be public fund sink hole, which unfortunately is a reputation that they have acquired.

Here again Mr. Syiem can take a lead and introduce improved financial reporting system to bring in transparency and accountability in the finances of the KHADC and for this he does not need the consent of the state government. A good starting point would be in introducing uniformity in accounting of receipts and expenditure of the council. KHADC should therefore move towards adopting accounting structures and system followed by state and Union governments as prescribed by the CAG. This will allow for capturing the receipts and expenditure under proper heads which will in turn facilitate better control and decision making based on the financial information derived from such an accounting format. It will also and bring clarity, transparency and accountability in the finances of the council. Alternatively, the council can also consider adopting a more simplified format for preparation of budget and accounts as has been done for the PRIs. Extreme fluctuation of year to year receipt of own source revenues of the KHADC indicates existence of leakage and misappropriation of funds. These revenue loopholes should be identified and plugged along with decisive action against perpetrators.

The council has also not fully exploited powers to raise own revenue as evident from the low per capita own source revenue. All the ADCs in the state are not fully implementing the Meghalaya professions, trades, callings and employments Act, as many professionals do not pay this tax to the councils. On expenditure front, we find that major proportion of council’s outflow is towards meeting salaries and pensions liabilities, while capital expenditure is met mostly from tied up grants from Union government. KHADC and the other councils should take steps to control its revenue expenditure so that more funds can be diverted for productive purposes. It’s time that the council constitute an expert committee to suggest new ways to raise revenue and better manage expenditure. Analysis of the finances of the councils also show extreme volatility in funds originating from higher governments indicating unpredictability and irregularity in sharing of revenues between State government and the councils and also in the flow of grants.

The State government and ADCs must work together to bring transparency in the collection and sharing of taxes and royalties along with a procedure to ensure release of the shared revenue to the councils within a definite time period. This is also true for timely release of central grants to the councils by the State government. On its part, KHADC should introduce appropriate reporting system for regular monitoring for projects and timely submission of UCs, which are prerequisites for ensuring steady flow of funds from higher governments.

Another issue that deserves attention is the financial devolution to local bodies which has not been addressed by the KHADC in its much hyped VAB. How will the local bodies under the council execute functions assigned to them without proper funding? A revenue sharing mechanism has to be in place between KHADC and local bodies. Last but not the least, KHADC and the other two ADCs should engage with the state government in order to operationalize the State Finance Commission so that it can review and recommend the distribution of financial resources between state and councils to enable the latter to improve their financial position.

I cannot conclude this column without commenting on the present war of attrition launched by the State government on the KHADC and GHADC. Just as the Congress government of Meghalaya must get a fair treatment from BJP government in the Centre notwithstanding differences of political ideology, the same is expected from the former in its dealing with the ADCs. Moreover, as village and urban administration is with the ADCs both these governments have to work together to improve the dismal state of public service delivery at the grassroots level. The present political slugfest between the state government and the councils has continued for too long at great cost for ordinary people of the state. Time for it to end.

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