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COMPARATIVE ADMINISTRATION SYSTEM

MPA503 LECTURE 21

BRITISH ADMINISTRATIVE SYSTEM

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WHITLEY COUNCILS• UK HAS THE INSTITUTION OF WHITLEY

COUNCILS FOR THE PURPOSE OF NEGOTIATION AND SETTLEMENT OF DISPUTES ON SERVICE CONDITION BETWEEN EMPLOYER (STATE) AND EMPLOYEE (STAFF)

OBJECTIVES OF WHITLEY COUNCILS:• TO PROVIDE MACHINERY FOR DISCUSSION AND

VENTILATION OF GRIEVANCES RELATED TO SERVICE CONDITIONS OF THE STAFF

• TO SECURE MAXIMUM COOPERATION BETWEEN STATE AND GENERAL BODY OF CIVIL SERVANT.

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WHITLEY COUNCILS• TO BRING TOGETHER THE EXPERIENCE AND

VIEW POINTS OF ADMINISTRATIVE AND CLERICAL SERVICE IN SOLVING PROBLEMS

• ENCOURAGING FURTHER EDUCATION AND TRAINING OF CIVIL SERVANTS IN HIGHER ADMINISTRATION AND ORGANIZATION

• IMPROVING OFFICE MACHINERY AND ORGANISATION AND PROVIDING OPPORTUNITIES FOR THE MAXIMUM CONSIDERATION OF SUGGESTIONS MADE BY THE STAFF

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WHITLEY COUNCILS• TO BRING TOGETHER THE EXPERIENCE AND

VIEW POINTS OF ADMINISTRATIVE AND CLERICAL SERVICE IN SOLVING PROBLEMS

• ENCOURAGING FURTHER EDUCATION AND TRAINING OF CIVIL SERVANTS IN HIGHER ADMINISTRATION AND ORGANIZATION

• IMPROVING OFFICE MACHINERY AND ORGANISATION AND PROVIDING OPPORTUNITIES FOR THE MAXIMUM CONSIDERATION OF SUGGESTIONS MADE BY THE STAFF

• PROPOSING LEGISLATION SO FAR AS IT HAS A BEARING ON THE POSITION OF CIVIL SERVANT IN RELATION TO THEIR EMPLOYMENT.

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BUDGETING PROCEDURE• TREASURY IS THE CENTRAL FINANCIAL

AGENCY IN BRITAIN• BRITAIN HAS THE SYSTEM OF SINGLE

BUDGET, • FINANCIAL YEAR BEGINS IN ON 1st

APRIL AND ENDS ON 30th MARCH • PREPARATION OF BUDGETARY

ESTIMATES BEGINS BY ALL DEPARTMENTS IN FIRST WEEK OFOCTOBER

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BUDGETING PROCEDURE

• THE CHANCELLOR OF EXCHEQUER PRESENTS THE BUDGET TO THE HOUSE OF COMMONS IN THE MIDDLE OF FEBRUARY.

• SINCE 1968, THE HOUSE OF COMMONS ITSELF HAS BEEN DEALING WITH SUPPLIES (DEMANDS) AND REVENUE, INSTEAD OF THE SYSTEM OF THE COMMITTEE OF THE WHOLE HOUSE

• THE BUDGET SPEECH BY THE CHANCELLOR OF EXCHEQUER AND BUDGET DEBATES NOW TAKE PLACE IN HOUSE OF COMMONS THE BUDGET IS NEITHER INTRODUCED NOR DISCUSSED IN THE HOUSE OF LORDS.

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BUDGETING PROCEDURE

• THE DEBATES ON THE BUDGETARY ESTIMATES IN THE HOUSE OF COMMONS SHOULD BE CONCLUDED WITHIN TWENTY SIX DAYS.

• BUDGET REACHES THE QUEEN 30 DAYS AFTER IT IS PASSED BY THE HOUSE OF COMMONS.

• THE BUDGET REACHES THE QUEEN FOR ASSENT AFTER 30 DAYS OF PASSING BY THE HOUSE OF COMMONS

• PROVISIONAL COLLECTION OF TAXES ACT OF 1913 AUTHORIZES THE GOVERNMENT TO COLLECT THE PROPOSED NEW TAXES FROM THE DATE OF THEIR ANNOUNCEMENT IN THE BUDGET TO THE DATE OF PASSING OF THE FINANCE ACT.

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PARLIAMENTARY COMMISSIONER

• PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION ESTABLISHED IN 1967 ON RECOMMENDATION OF SIR JOHN WHYATT COMMITTEE REPORT PUBLISHED IN 1961.

• THE FUNCTION IS TO INVESTIGATE THE COMPLAINT OF CITIZENS AGAINST MALADMINISTRATION BY GOVERNMENT DEPARTMENTS.

• HIS STATUS IS EQUIVALENT TO CONTROLLER AND AUDITOR GENERAL

• THE AGGRIEVED CITIZEN CANNOT APPROACH DIRECTLY BUT THROUGH THE MEMBER OF PARLIAMENT WHO SHALL REFER IT TO THE COMMISSIONER.

• THIS PROCESS IS KNOWN AS ’MP FILTER

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PARLIAMENTARY COMMISSIONER

FOLLOWING RESTRICTIONS ARE IMPOSED ON THE COMMISSIONER’S JURISDICTION AND AUTHORITY:

1)ORIGINALLY HE WAS NOT EMPOWERED TO INVESTIGATE THE CASES OF MALADMINISTRATION AGAINST LOCAL AUTHORITIES, HOSPITAL BOARDS, NATIONALISED INDUSTRIES, POLICE, CIVIL SERVICE, AND ARMED FORCES

2)HE CANNOT INVESTIGATE MATTERS ON WHICH A RIGHT OF APPEAL IS OPEN TO A COMPLAINANT.

3)HE IS NOT ALLOWED TO QUESTION POLICY PARLIAMENTARY POLICIES

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PARLIAMENTARY COMMISSIONER

• HE CANNOT QUESTIONS MERITS OF DISCRETIONARY ADMINISTRATIVE DECISIONS WHICH ARE TAKEN LEGALLY AND AFTER AN APPROPRIATE ADMINISTRATIVE PROCEDURE.

• THE INVESTIGATION CONDUCTED BY HIM SHOULD BE PRIVATE AND CONFIDENTIAL IN NATURE.

• HE CANNOT PROPOSE LEGISLATION SO FAR AS IT HAS A BEARING ON THE POSITION OF ACIVIL SERVANT IN RELATION TO THEIR EMPLOYMENT.

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PARLIAMENTARY COMMISSIONER

• HE CANNOT QUESTIONS MERITS OF DISCRETIONARY ADMINISTRATIVE DECISIONS WHICH ARE TAKEN LEGALLY AND AFTER AN APPROPRIATE ADMINISTRATIVE PROCEDURE.

• THE INVESTIGATION CONDUCTED BY HIM SHOULD BE PRIVATE AND CONFIDENTIAL IN NATURE.

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BRITISH LOCAL GOVERNMENT

• BRITISH GOVERNMENT PROVIDES A UNITARY STATE.

• ALL THE POWERS OF THE GOVERNMENT ARE VESTED IN THE SINGLE SUPREME CENTRAL GOVERNMENT.

• IT CAN CREATE OR ABOLISH THE UNITS OF LOCAL GOVERNMENT FOR ADMINISTRATIVE CONVENIENCE.

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BRITISH LOCAL GOVERNMENT

• THESE UNITES DERIVE THEIR AUTHORITY FROM CENTRAL GOVERNMENT.

• THE PRESENT SYUSTEM OF LOCAL GOVERNMENT IN ENGLAND WAS ESTABLISHED IN 1974 BY THE LOCAL GOVERNMENT ACT 1972 WHICH CREATED AA TWO TIER SYSTEM FOR METROPOLITAN AREAS AND AND A THREE TIER SYSTEM FOR THE REST(MIXED URBAN AND RURAL AREAS)

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British Local Government

• Non- Metropolitan Districts (296)

ConurbationsMixed Urb

Mixed Urban and Rural Areas

Non- Metropolitan Districts (296)

Greater LondonLondon Boroughs and City of London (32)

Conurbations

Metropolitan Counties (6)

Metropolitan Districts (36)

Mixed Urban and Rural Areas

Non- Metropolitan Counties (39)

Non- Metropolitan Districts (296)

Parishes or Towns

Greater London

London Boroughs and City of London (32)

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LOCAL GOVERNMENT FEATURES

• COUNCILS ARE THE REAL GOVERNING BODIESENJOYING BOTH EXECUTIVE AND LEGISLATIVE POWERS

• ALL MEMBERS OF COUNCILS ARE DIRECTLY ELECTED FOR A PERIOD OF FOUR YEARS

• MEMBERSHIP OF COUNCILS VARY FROM 40 TO 100

• PARISH COUNCIL HAVE AT LEAST FIVE MEMBERS.SOME PARISHES MAY NOT HAVE COUNCILS

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LOCAL GOVERNMENT• LEGALLY EACH COUNCIL IS A PUBLIC

CORPORATION WITH.COLLECTIVE RESPONSIBILITY TO TAKE & IMPLEMENT DECISIONS

• PRESIDING OFFICER CALLED MAYOR/CHAIRMAN IS CEREMONIAL HEAD OF THE LOCAL AUTHORITY

• LOCAL AUTHORITIES PROVIDE TWO TYPE OF FUNCTIONS: MANDATORY AND PERMISSIVE

• LOCAL AUTHORITIES OPERATE THROUGH COMMITTEES.THESE COMMITTEES SUPERVISE ADMINISTRATION ON BEHALF OF COUNCILS

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LOCAL GOVERNMENT• INSTITUTION OF LOCAL OMBUDSMAN

CALLED COMMISSIONERS FOR LOCAL ADMINISTRATION WAS ESTABLISHED UNDER THE LOCAL GOVERNMENT ACT OF 1974IN 1974

• LOCAL GOVERNMENT STRUCTURE WAS RE ORGANISED IN 1974 FOLLOWING REPORTS OF THE MAUD COMMISSION,(1967) AND THE BAINS COMMISSION(1972)PRIOR TO THAT SIX CLASSES OF LOCAL BODIES EXISRED VIZ. THE COUNTY,THE COUNTY BOROUGH,THE BOROUGH,URBAN DISTRICT AND PARISH

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LOCAL GOVERNMENT

• DECENTRALISATION• LEGISLATIVE DOMINANCE• COMMITTEE SYSTEM• MULTI—PURPOSE ACTIVITY• VOLUNTARY CITIZEN PARTICIPATION

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SUMMARY