Lawfully yours: By Retired Justice K Chandru | Regulations in place for local bodies to maintain proper records of its assets
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
Justice K Chandru
Regulations in place for local bodies to maintain proper records of its assets
Q: The 6th State Finance Commission under the title ‘Key Reforms – Urban Local Bodies’ Chapter V Para No 7.147 (b) states, “Currently, no asset register for immovable properties is being maintained by the local bodies. A comprehensive exercise for creation of asset register should be undertaken and the completed register should be made available online.”
As the state government has accepted this recommendation, can the following be clarified:
1) Why was this asset register for immovable properties of local bodies not maintained all these years?
2) What are the immovable properties of local bodies that will be recorded in this asset register?
3) Will gift deeds about all roads/streets, park spaces, ponds, etc. be recorded?
4) Where will the original documents of these immovable properties of local bodies be maintained and who will maintain them?
-- P Viswanathan, Thirumurugan Salai, Chitlapakkam, Chennai
A: It is not as if the local bodies did not have any regulations to maintain appropriate records including a record for its assets. The executive authority of the panchayat is its president and there is a secretary appointed for administrative help. The District Collector is the inspector of the panchayat.
All accounts are subject to Local Fund Audit and the government directive is only to make records public. As regards OSR lands to be gifted, they are registered documents available with the registration department. Further, such information can be obtained under the RTI Act and the ward councillor can also help in getting the details.
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Jingoism raised with an eye on votes proving a bane in Cauvery dispute
Q: Inter-regional disputes such as the Cauvery conflict between Tamil Nadu and Karnataka or the fishermen issue between India and Sri Lanka seldom have the involvement of the real stakeholders. Instead of farmer-level talks in the case of the Cauvery issue and fishermen-to-fishermen dialogue in the India-Lanka issue, all we see is politics or political parties crossing swords. Even as TN fishermen are appealing to restore fishing rights shared with the neighbouring country centuries before the formation of nation-states, is there any judicial intervention possible to arrive at a recourse for such wrecking issues?
-- R Manikandan, Chennai
A: Diplomacy in international affairs can at maximum maintain cordiality between two nation's people but it can never solve border issues. Kachatheevu issue is not capable of being solved because the bigger hidden issue is friendship between the two countries and sub-regional considerations.
Cauvery dispute can be solved if people are made to understand the rights of riparian states. The interstate farmers' meeting can only make leaders understand basic issues, but the jingoism raised from time to time will keep the issue alive for local vote catching.
It is shocking that despite hostility, the river dispute with Pakistan can be kept under control but not that of the two states which are part of the Indian Union despite 75 years of the Constitution.
