URBAN LOCAL BODIES – MUNICIPALITY (74th CAA)

This article contains an overview about the concept of Urban Local Bodies i.e., Municipality, in India including purpose, history, categories, responsibilities and needs

 

INTRODUCTION

 

Municipal governance in India has been in existence since the year 1687 with the formation of Madras Municipal Corporation and then Calcutta and Bombay Municipal Corporation in 1726. In early part of the nineteenth century almost all towns in India had experienced some form of municipal governance. In 1882 the then Viceroy of India, Lord Ripan's resolution of local self-government laid the democratic Forms of municipal governance in India.

 

In 1919, a Government of India Act incorporated the need of the resolution and the powers of democratically elected government were formulated. In 1935 another Government of India Act brought local government under the purview of the state or provincial government and specific powers were given.

 

PURPOSE

 

The purpose of municipal governance and strategic urban planning in a country is to create effective, responsive, democratic, transparent, accountability, to provide responsive policy guidance and assistance policy guidance and assistance to sub-national entities; to strengthen the legal, fiscal, economic and service delivery functions of municipalities; and to foster greater citizen participation in the governance of the local bodies:

 

HISTORY

 

According to census of India, 1991, there are 3285 Urban Local Bodies (ULB)s in the country; classified into four major categories of Municipal Corporations, Municipalities (municipal council, municipal board, municipal committee), Town area committees, Notified area committees.

 

The municipal corporations and municipalities are fully representative bodies, while the notified area committers and town area committees are either fully or partially nominated bodies.

 

As per the Indian Constitution, 74 Amendment Act of 1992, the latter two categories of towns are to be designated as municipalities or Nagar Panchayats with elected bodies. Until the amendment in state municipal legislations, which were mostly made in 1994, municipal authorities were organised on an ultra vires i.e., beyond the authority, basis and the state governments were free to extend or control the functional spheres through executive decisions without an amendment to the legislative provisions.

 

After the 24th Amendment was enacted, there are only three categories of urban local bodies: they are

 

A. NAGAR NIGAM (MUNICIPAL CORPORATION)

 

In India a Municipal Corporation is a local government body that administers a city of population two lakhs or more. Under the Panchayati Raj system, it interacts directly with the state government, though it is administratively part of the district it is located in. The largest Municipal Corporations are Mumbai followed by Delhi, Kolkata, Bangalore, Chennai Hyderabad and Ahmadabad. Corporation of Chennai is the oldest Municipal Corporation in the world outside UK.

 

The Municipal Corporation consists of members elected from the wards of the city. The Mayor and Deputy Mayor are elected by the members among themselves. A Municipal Commissioner, who is from The Indian Administrative Service, is appointed to head the administrative staff of the Municipal Corporation, implement the decisions of the Corporation and prepare its annual budget. The Municipal Corporation is responsible for roads, public transportation, water supply, records of births and death (delegated from central government Births and Deaths Registration Act), sanitation that includes waste management, sewage, drainage and flood control, public safety services like fire and ambulance services, gardens and maintenance of building. The sources of income of the Corporation are property tax, entertainment tax octroi (now abolished from many cities) and usage fees for utilities. Its sources of income are taxes on water, houses, markets, entertainment and vehicles paid by residents of the town and grants from the state government.

 

B. NAGAR PALIKA (MUNICIPALITY)

 

In India, a municipality (Nagar Palika) is often referred to as a town. It is neither a village nor a big city. Usually, a municipality would have 20,000 or more people. The members of the Nagar Palika are elected representatives for a term of five years. The town is divided into wards according to its population and representatives are elected from each ward. Its sources of income are taxes on water, houses, markets, entertainments and vehicles paid by residents of the town and grants from the state government.

 

C. NAGAR PANCHAYAT (CITY COUNCIL)

A Nagar Palika or Nagar Panchayat is a form of an urban political unit in India comparable to a municipality. An urban centre with more than 30,000 and less than one lakh inhabitants is classified as a Nagar Panchayat. However, there are some exceptions. All the previous town area committees (urban centres with a total population of more than 5,000 and less than 20,000) are classified as Nagar Panchayat.

 

Nagar Panchayats have a chairman with ward members. Membership consists of a minimum of ten elected ward members and three nominated members. This article provides that there be a Nagar Panchayat for transitional areas i.e., an area in transition from rural to urban, a municipality for a smaller urban area and a municipal corporation for a larger urban area.

 

Article 243Q of the 74^th Amendment requires that municipal areas shall be declared having regard to the population of the area, the density of population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as may be specified by the state government by public notification for this purpose.

 

 

Among all urban local governments, municipal corporations enjoy a greater degree of fiscal autonomy and functions, although the specific fiscal and functional powers vary across the states; these local governments have larger populations, a more diversified economic base, and deal with the state governments directly. On the other hand, municipalities have less autonomy, smaller jurisdictions and have to deal with the state governments through the Directorate of Municipalities or through the collector of a district. These local bodies are subject to detailed supervisory control and guidance by the state governments.

 

RESPONSIBILITIES OF ULBS (URBAN LOCAL BODIES):

 

The municipal bodies of India are vested with a long list of functions delegated to them by the state governments under the municipal legislation. These functions broadly relate to public health, welfare, regulatory functions, public safety, public infrastructure works, and development activities.

 

Public health includes Water supply, sewerage and sanitation, eradication of communicable diseases et welfare includes public facilities such as Education, recreation, etc.; regulatory functions related to prescribing and enforcing Building regulations, encroachments on public land, Birth registration and Death certificate etc. public safety includes Pire protection, Street lighting, etc; public works measures such as construction and maintenance of inner city roads, etc.; and development functions related to Town planning and development of commercial markets.

 

In addition to the legally assigned functions, the sectoral departments of the state government often assign unilaterally, and on an agency basis, various functions such as Family planning, Nutrition and Slum improvement, disease and epidemic control, etc. The twelfth Schedule of the Constitution (Article 243W) provides an illustrative list of eighteen functions that, may be entrusted to the Municipalities.

 

Besides the traditional core functions of municipalities, it also includes development functions like planning for Economic development and social justice, urban poverty alleviation programs and promotion of cultural, educational and aesthetic aspects. However, conformity legislation enacted by the state governments indicates wide variations in this regard. Whereas Bihar, Gujarat, Himachal Pradesh, Haryana, Manipur, Punjab and Rajasthan have included all the functions on enlisted in the Twelfth Schedule in their amended state municipal laws, Andhra Pradesh has not made any changes in the existing list of municipal functions. Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Tamil Nadu, Uttar Pradesh and West Bengal states have amended their municipal laws to add additional functions in the list of municipal functions as suggested in the twelfth schedule

 

There is a lot of difference in the assignment of obligatory and discretionary functions to the municipal bodies among the states. Whereas functions like planning for the social and economic development urban forestry and protection of the environment and promotion of ecological aspects are obligatory functions for the municipalities of Maharashtra, in Karnataka these are discretionary functions.

 

Provision of water supply and sewerage in several states has either been taken over by the state governments of transferred to the state agencies. For example, in Tamil Nadu, Madhya Pradesh and Gujarat, water supply and sewerage works are being carried out by the state level Public Healthy Engineering Department or Water supply and Sewerage Boards, while liability for repayment of louts and maintenance are with the municipalities. Besides these state level agencies, City Improvement Trusts and Urban Development Authorities, like Delhi Development Authority (DDA), have been set up in a number of cities. These agencies usually undertake land acquisition and development works, and take up remunerative projects such as markets and commercial complexes, etc. The municipal bodies in most cases have been left only with the functions of garbage collection, garbage disposal, street lighting, construction and maintenance of roads, etc.

 

NEED FOR URBAN LOCAL BODIES (ULBs)

 

Urban Local Bodies (ULBs) play a crucial role in the governance and development of urban areas in India. Their importance stems from the fact that cities and towns are engines of economic growth, centres of cultural activities, and places where a significant portion of the population resides. Here are some key reasons why urban local bodies are essential:

 

      
1) Local Governance: ULBs bring governance closer to the people, allowing for better responsiveness to local needs and challenges. They act as a bridge between the government and citizens, ensuring that urban dwellers' voices and concerns are heard and addressed effectively.


2) Service Delivery: Urban local bodies are responsible for providing essential services like water supply, sewage and waste management, road maintenance, health, and education facilities. Efficient service delivery is crucial for maintaining a high quality of life in urban areas.


3) Urban Planning and Development: ULBs are involved in urban planning, land-use regulations, and development control activities. Proper urban planning ensures sustainable growth, efficient land utilization, and the creation of well-designed cities that can cater to the needs of the increasing urban population.


4) Infrastructure Development: Municipalities are instrumental in developing and maintaining urban infrastructure such as roads, bridges, public transportation, parks, and recreational facilities, which are essential for the smooth functioning of cities.


5) Economic Development: Cities are major contributors to national economic growth. Urban local bodies facilitate economic development by creating a conducive environment for businesses, promoting investments, and supporting local industries.


6) Employment Opportunities: Urban areas often provide numerous job opportunities, and municipalities play a role in ensuring equitable access to these opportunities. They can promote skill development programs and create an environment that attracts investments and new businesses.


7) Poverty Alleviation: ULBs are involved in poverty alleviation initiatives and welfare programs targeted at vulnerable urban populations. They can implement schemes that provide basic amenities and services to disadvantaged sections of the society.


8) Environmental Sustainability: Municipalities are critical in ensuring environmental sustainability in urban areas. They can implement measures to tackle pollution, promote green spaces, and adopt eco-friendly practices to preserve the environment.


9) Disaster Management: Urban local bodies are at the forefront during natural disasters or emergencies, coordinating relief and rescue operations and helping in the rehabilitation of affected communities.


10) Civic Engagement and Participation: ULBs provide opportunities for citizens to actively participate in decision-making processes through mechanisms like ward committees, public consultations, and social audits, fostering a sense of ownership and responsibility among citizens.


11) Local Revenue Generation: Municipalities have the authority to generate revenue through various means, such as property taxes, user charges, and development fees. These funds are crucial for financing urban infrastructure and services.

 

In summary, the importance of urban local bodies lies in their ability to ensure effective governance, improve service delivery, promote sustainable development, and enhance the overall quality of life in urban areas. They play a vital role in building vibrant, inclusive, and resilient cities for a rapidly urbanizing nation like India.