Panchayati Raj Institutions & Local Self Govt

PANCHAYATI RAJ INSTITUTIONS & LOCAL SELF GOVT.
Chapter-VIII 8. PANCHAYATI RAJ INSTITUTIONS & LOCAL SELF GOVT.

I. PANCHAYATI RAJ INSTITUTIONS Panchayats have been in existence since time immemorial. In the ancient period, the Panchayats generally functioned as informal institutions to solve intra-village and sometimes inter-village feuds, and organized forums for village-level social development and cultural functions. In Himachal Pradesh, the Panchayati Raj system was established in a statutory form in 1954 under the Himachal Pradesh Panchayati Raj Act-1952. After the reorganization of the state on 1 November 1966, the 1952 Act was replaced by the Himachal Pradesh Panchayati Raj Act 1968, incorporating the major recommendations of Balwant Rai Mehta Committee and a two-tier system was established in the state. With the passage of the 73rd Constitutional Amendment Act, 1992, the Himachal Pradesh Panchayati Raj Act 1994, came into force on 23 rd April, 1994, in place of the Himachal Pradesh Panchayati Raj Act, 1968. New rules were framed under new Act. Simultaneously, the State Election Commission was also established and the two tier Panchayati Raj system, namely Gram Panchayat and Panchayat Samiti, gave way to the three-tier system. First elections to the Panchayats were held in December, 1995. For empowering the PRIs and to make them financially sound, the State Government has accepted most of the recommendations of the First State Finance Commission. The Commission recommended the devolution of functions involving and expenditure of Rs. 5030 lakh for a period of five years from 1996-97 to 2000-01. In its recommendations, the commission has suggested that the state government should consider fixing the maximum rates for each tax. The state government has allowed the Gram Panchayats to levy taxes, fees and duties in their areas subject to the maximum rates of such taxes specified by Government. The Second Finance Commission was constituted on 25 May, 1999. According to the recommendations of the First State
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Finance Commission and the Tenth Finance Commission, Rs. 8.05 crore is being released to the PRIs annually to discharge the delegated functions. The Eleventh Finance Commission has awarded Rs. 1313.38 lakh annually to the PRIs for the period 2000 to 2005. The State Government has earmarked an amount of Rs. 57.00 lakhs for construction of Zila Parishad Bhawans, Rs. 193.34 lakh to meet the office expenses of all the three tiers of PRIs and Rs. 689.65 lakh for honorarium to be paid to the elected representatives of PRIs. In addition, the state government is also providing a grant of Rs. 561.17 lakh on account of honorarium to Panchayat Chowkidars, Panchayat Sahayaks, tailoring mistresses and junior engineers of the Panchayats. Himachal Pradesh is one of the states of India, which gives a monthly honorarium to the elected representatives of PRIs. It gives an honorarium of Rs. 2700, Rs. 1250 and Rs. 750 to the Chairpersons of Zila Parishads, Panchayat Samitis and Gram Panchayats respectively. For the vice-chairpersons of all the three tiers, the monthly honorarium is Rs. 1800, Rs. 1000 and Rs. 650 respectively. Members of Zila Parishads and Panchayat Samitis are given Rs. 1250 and Rs. 750 each as monthly honorarium. Members of Panchayats receive an honorarium of Rs. 100 per meeting up to two meetings in a month. A. General information about Panchayati Raj set up in Himachal Pradesh: 1. Enactment of State PR Act: With a view to bring law relating to the Panchayats in conformity with the provisions of the 73 rd constitutional Amendment Act, the Himachal Pradesh Panchayati Raj Act, 1994 was enacted w.e.f.23rd April, 1994. 2. Elections and Establishment of Three Tier PR System: As per the requirements of the provisions of the constitution and the state Panchayati Raj Act, 1994, the three tier Panchayati Raj system was established in this state during the year 1995-96. First elections of PR bodies were held during December,1995 and the
Panchayats started functioning w.e.f.23rd January,1996 and the 5 years term expired on 22nd January,2001.
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Second
elections of PR bodies were held during December 2000 and the
Panchayats started functioning w.e.f.23 rd January, 2001 and the 5 years term expired on 22nd January, 2006. The third elections were held during December, 2005 and the presently elected office bearers started functioning w.e.f.23rd January 2006.The five year term of present Panchayats will expire on 22nd January,2011. 1. Details of PRIs in Himachal Pradesh: Up-Gram Sabhas Gram Sabhas Gram Panchayats Panchayats Samitis Zila Parishads : : : : : 19411 3243 3243 75 12
B. Devolution of functions and powers to the Panchayati Raj Institutions: (a) Powers and functions specified under the Himachal Pradesh Panchayati Raj Act,1994 and the rules made there under: Gram Panchayats have been empowered to enquire and make report about misconduct of certain officials such as Peon, Bailiff, Constable Head Constable, Chowkidar, Patrol of the Irrigation Department, Forest Guard, Patwari Vaccinator, Canal Overseer, Game Watcher, Panchayat Secretary, etc. Gram Panchayats have been empowered to hear and decide cases relating to minor offences under I.P.C., the Vaccination Act,1880, the Cattle Tress Pass Act,1878, the Himachal Pradesh Juveniles (Prevention of Smoking Act),1952 and the Public Gambling Act,1867 and also to hear and decide applications for maintenance under section 125 of the Cr.P.C. Gram Panchayats have been empowered to approve the annual budget of the Gram Panchayat as well as to consider and take appropriate action in respect of the annual statement of accounts of the Gram
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Panchayat, report of the administration of the preceding financial year and the last audit note and the administration of the preceding financial year and the last audit note and the replies, if any, made thereto. Gram Panchayats have been empowered to approve plans, programmes and budget prepared by the Gram Panchayat for economic development and social justice and also to authorize, after being satisfied, issuance of utilization certificates of funds spent on the implementation of the plans, projects and programmes of the gram panchayat. Gram Sabhas have been empowered to constitute Vigilance Committees to supervise the Gram Panchayat works, schemes and other activities and to put reports concerning them in its meeting and shall also send a copy of the said report to the BDO. Developmental works costing up to Rs.3.00 lakh will executed by the Gram Panchayats. Gram Panchayats are authorized to accord administrative approval and expenditure sanctioned for the work costing up to Rs.3.00 lakh for which technical sanction of Junior Engineer is required. However for the work costing up to Rs.50,000/- technical sanction of Takniki Sahayak is required. If the cost of work is more than Rs.3.00 lakh and up to Rs.10.00 lakh then administrative approval of Panchayat Samiti and technical sanction of Assistant Engineer is essential and in the case of works costing more than Rs.10.00 lakh administrative approval of Zila Parishad and technical sanction of Executive Engineer is essential. With a view to achieve maximum participation in the meetings of the Gram Sabhas it has been made mandatory that every Gram Sabha shall hold four general meetings in each year on the predetermined days i.e. on 1st Sunday of January, April, July and October. There shall be constituted Up-Gram Sabha for each ward of the Gram Panchayats and all members of the Gram Sabha residing within the area of the ward shall be members of the Up-Gram Sabha. PRIs at all the three levels viz. Gram Panchayat, Block Samiti and Zila levels have been empowered to constitute standing Parishad
committees. Panchayats at all the above three levels have been empowered to raise loans for creation of income generating assets without prior sanction of
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the Government if the project is assessed by the financial institutions as economically/financially viable. However the Gram Panchayat shall be required to obtain approval of the Gram Sabha for raising a loan. The Gram Panchayats have been empowered to protect public property such as sign boards, mile stones on public roads, paths, irrigation and water supply schemes, public taps, public wells, hand pumps, community centers, mahila mandal bhavans, school buildings and health institution buildings. In case of violation of the orders of the Gram Panchayats in the matter, the Gram Panchayat can also impose penalty up to Rs.1000/- and in case of recurring breach, further penalty @ Rs.10/-per day with maximum up to Rs.5,000 can be imposed. Panchayats have been authorized to levy taxes, fees, fines and cess. It has been made mandatory that the village level functionaries of the Agriculture, Animal Husbandry, Primary Education, Forest, Health and Family Welfare, Horticulture. Irrigation & Public Health, Revenue and Welfare departments shall attend the meetings of the Gram Sabha. Rates of various penalties and fines to be imposed by the Panchayats have been increased. (b) Powers and functions devolved under executive orders from time to time:With a view to strengthen democracy at the grass root level and to make the PRIs viable institutions of self governance, the State Government has devolved powers, functions and responsibilities relating to 15 departments, namely Agriculture, Animal Husbandry, Ayurveda, Education, Food & Supplies, Forest, Health & Family Welfare, Horticulture, Industries, Irrigation & Public Health, Public works, Revenue, Rural Development and Social Justice & Empoerment to the Panchayati Raj Institutions on 31st July, 1996 covering 27 subjects out of the 29 subjects as mentioned in the 11 th Schedule of the Constitution. Besides the above, Government has also delegated following powers by way of executive orders to the PRIs. 1. Preparation of Micro-Plans by Gram Panchayats 2. Powers to decide about location of Institutions of Public utility. 3. Powers to report on the physical attendance in their assigned areas of work with regard to the grass root level functionaries.
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4. Village level committees of the department to be integrated with the standing committees of the PRIs set up. 5. Selection of beneficiaries under various schemes shall be done through Gram Sabha. 6. PRIs have been empowered to report about the physical attendance of Ayurvedic, Allopathic and Animal Husbandry Doctors, School Teachers, Patwaris, Forest Guards etc. at their places of posting. 7. Chairpersons of Zila Parishads have been designated as the Chairpersons of the Governing Body of the respective DRDAs. 8. Pradhan or Up-Pradhan of Gram Panchayats have been empowered for issuing fishing license to anglers for sports fishing and Chairpersons and ViceChairpersons Panchayat Samitis for issuing license to professional fishermen for general and trout water fishing and the money realized as license fee would be retained by the concerned Panchayats as its revenue. 9. Cess of Rs.1/- per bottle of liquor sold in the rural area will be collected and transferred to the Gram Panchayats for utilization in developmental activities. 10. Before grant of any lease of land for mining any mineral, a resolution from the concerned Panchayat has been made compulsory. 11. Zila Parishads have been empowered to appoint Assistant Engineers against the vacant post of Assistant Engineer in DRDA(RDD) on contract basis for giving technical guidance to PRIs. 12. Panchayat Samitis have been empowered to appoint Kanishth Lekhapal against the vacant posts of clerk/steno typist. 13. The Gram Panchayats have been made the appointing authority in respect of the grass root level functionaries such as Panchayat Chowkidar, Panchayat Sahayak, Tailoring Mistress, Anganwari Worker/helper, Part time Water Carrier in Primary Schools, Vidya Upasak/Para Teacher, Swasthaya Sahayak etc. 14. Primary School Buildings have been transferred to the Gram Panchayats and the maintenance/repair and control of primary school buildings would be the responsibility of Gram Panchayats. 15. Zila Parishad and Panchayat Samitis have been empowered to supervise the duties and functions regarding revenue matters, to assist the revenue officials in identification of landless/houseless persons and formulation of policies for utilization of government land and giving no objection certificates for such land on lease at district and block level.
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16. Gram Panchayats have been empowered to collect the land revenue from the land owners/right holders and Gram Panchayats will use the collected land revenue at their own level. 17. Gram Sabha resolution has been made compulsory before granting of any area on money lease and installation of mineral based industry. The Gram Panchayats have also been given powers to issue permits for the personal bonafide use for extraction of sand, stone, bajri and slates. 18. Pradhans of Gram Panchayats have been appointed as Forest Officers to carry out the purposes of rule 11 of the Himachal Pradesh Forest Produce Transit (Land Routs) Rules, 1978 for the issuance of pass for transport of minor forest produce collected from the forest in respect of 37 items. C. Levy of Taxes and Fees by the Panchayats:Presently Zila Parishad and Panchayat Samitis are not levying any tax, fees, cess etc. However, Gram Panchayats have been empowered to levy the following taxes and fees subject to the maximum rates fixed by the Government vide notification dated 2nd November,1999:(i) S. No 1. 2. 3. House tax: Particulars Where the person liable to house tax owns house Maximum rate of house tax Rs.10/-per annum Rs.25/-per annum Rs.50/-per annum having the total built up area up to 40 Sq. mts Where the person liable to house tax owns house having the total built up area from 40 to 100Sq.mts. Where the person liable to house tax owns house having the total built up area above 100sq.mts (ii) (a) (b) Tax on extraction and export of sand, stone, bajri and slates: Tax on extraction and export of sand, stone, bajri and slates not exceeding Rs.10/-per truck and Rs.5/-per trolley. Tax on slates not exceeding Rs.50/-per truck.
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(iii)
Fees: (a) Teh -Bazari from the shopkeepers in the fairs at the rates as it may deem proper but not exceeding Rs.30/-per Square meter per day. (b) Service fee including fee on cleaning streets and lighting of streets and sanitation at the rates as the Gram Panchayats may deem proper but not exceeding Rs.20/per month from those individual households/ shopkeepers /business establishment, who are being provided such services by the gram Panchayats, keeping in view their paying capacity. (c) Fee for registration of animals sold in the Sabha areas at such rates as may be fixed by the Gram Panchayats subject to a maximum of 2% of the sale price. At present Gram Panchayats are collecting house tax based on flat rates
and not on the built up area. The average rate of house tax ranges from Rs.10/-to 15/-per annum. In addition to this very few Gram Panchayats are also levying tax on sand, stone, bajri and slates because these items are not exported from every Panchayats in whose areas fairs are being organized. D. Servants of the Panchayats: (i) (ii) Panchayat Chowkidar Panchayat Sahayaks Rs.600/-. (iii) Takiniki Sahayaks : It ahs been decided by the state Government that a panel of Takiniki Sahayaks will be drawn at the block level and there will be one Takiniki Sahayak for every two Gram Panchayats in that block. The Takiniki Sahayaks will be paid service fee @ 2% of the cost of work being executed by the Gram Panchayats concerned. (iv) Junior Engineers : Panchayat Samitis are authorized to appoint Junior Engineer on contract basis against the vacant post. They are being paid remuneration out of the Government grant @ Rs.6000/-per month in non : : One Panchayat Chowkidar at a monthly Gram Panchayats have been empowered to
remuneration of Rs.500/- per month is appointed by the Gram Panchayats. appoint Panchayat Sahayaks on contract basis at a monthly remuneration
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tribal areas and Rs.7500/- in Tribal areas by the concerned Panchayat Samiti. (v) Assistant Engineers : Zila Parishads are authorized to appoint Assistant Engineers on contract basis against vacant posts at a monthly remuneration of Rs.8000/(vi) Junior Accountants : Panchayat Samitis are also authorized to appoint Junior Accountants on contract basis against the vacant posts of Accountants, clerks and steno typists occurring in the office of the Block development officers from time to time .They are being paid remuneration out of the Government grants @ Rs.2500/-per month. (vii) Personal Assistants Zila Parishads a monthly remuneration of Rs.3000/E. Computerization of Panchayati Raj Institutions: To have IT enabled egovernance it is proposed to computerize all the PRIs in a phased manner. In the first phase all the Zila parishad, Panchayat Samitis and 1185 Gram Panchayats are being computerized for which hardware has been purchased and installation has started. During the financial year 2007-08,Computerization in these Panchayats will be made operational having network connectivity from Gram Panchayats to Block level, Block to District level and district to state level. In the next phase, the remaining 2058 Gram Panchayats will also be computerized. G. Training to the Newly Elected Office Bearers of the PRIs: The state Government has started the training w.e.f. 27.5.2006.Training to the office bearers of Zila Parishad is being imparted at the Himachal Pradesh Institute of Public Administration (HIPA), Fairlawns Shimla. Training to Panchayat Samiti members is being imparted at the Panchayati Raj Training Institutes located at Mashobra in District Shimla and Baijnath at District Kangra. Training to the Pradhans and UpPradhans is being imparted at District level training camps. Till date, 6212 out of the total 6486 Pradhans and Up-pradhans of Gram Panchayats,172 out of 1676 office bearers of Panchayat Samitis and 201 out of 251 office bearers of Zila Parishads have been imparted training. Training of remaining Pradhans and UpPradhans of Gram Panchayats and office bearers of Panchayat Samitis and Zila Parishads will be completed by the end of this financial year 2006-07. Training of : Zila Parishads have been authorized to appoint Personal Assistant to the Chairman of Zila Parishad at
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16168 Gram Panchayat members will be started and completed during the next financial year 2007-08. E. Constitution of District Planning Committees: As per the requirement of
Article 243 of the Constitution of India, the District Planning Committees (DPCs) have been constituted in all the districts. In view of making the DPCs functional State Government Committees has decided to abolish existing District Level Planning namely, District Planning and Twenty Point Programme Review
Committees and the existing District level Planning Cell of Planning Department functioning currently in the ten non-tribal districts out of the total twelve districts of the state have been placed under the control of Zila Parishad concerned to provide technical assistance to the District Planning Committees. It has also been decided that the Backward Region Grant Fund (BRGF) of the two Districts namely Chamba and Sirmour will be utilized for augmenting resources for the DPCs and Panchayati Raj Department will be the Nodal Department for BRGF. II. Local Self Governments
Urban Local Bodies before Independence in HP In the pre-Independence period, the four main categories of municipalities were:Municipal Corporations City Municipalities; District Municipalities Town Municipalities.
The Municipal Corporation was distinguished by its structure as more powers and autonomy were given to them with a common seal. The Magistrate was the Chairman. The characteristic features of a City Municipality were the large population as well as the greater amenities of city life that increased the administrative problems. The difference, however, between a District Municipality and a Town Municipality appears to be the fact that the former was constituted in an ordinary town.
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Municipal Governance in Himachal Pradesh in the Post Independence Period : After Independence, the central government found it desirable that civic bodies should be run by elected representative and not by nominated councilors, which was the case earlier. The Punjab Municipal Act, 1911 was applied to the Punjab Hill States and Shimla Hill States. In 1948, there were hardly half a dozen municipalities. Constitution: As a result of reorganization of Punjab with effect from 1 st November 1966, there were thirty civic bodies (18 Municipal Committees, 2 Small Town Committees, 7 Cantonment Boards and 3 Notified Area Committees) in Himachal Pradesh, which served a total population of 1,78,275. The Municipal Committees were governed by the Punjab Municipal Act, 1911 and the Punjab Small town Act 1921 governed small town committees. The small town committees were repealed by the Punjab Municipal (Second Amendment) Act, 1954. The cantonments were governed by the Cantonment Act, 1924. The term of these municipal institutions was five years. Elections: The councilors in all the bodies were elected on adult franchise. The President was elected from amongst the councilors. The State Government due to reasons of neglect or incapacity to perform duties could remove the President. Every municipality appointed a Secretary, an Executive Officer in case of Shimla Municipal Committee. The function of the Secretary or the Executive Officer of the municipality was subject to general control of the President. Functions: The functions of the municipalities fell under two categories, obligatory and discretionary. Obligatory Functions: There were ten obligatory functions as listed below:a) Scavenging and sanitary measures to keep public streets, public markets and slaughter houses in healthy conditions; b) Public vaccination and measures to prevent and check the spread of dangerous diseases or epidemics;
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c) Regulation of the places for the disposal of the dead, and the registration of births and deaths; d) Construction, maintenance, alteration, and improvement of public streets, bridges, culverts, causeways, latrines, privies, urinals, drains, tanks, well etc; e) Maintenance of public hospital, and dispensaries and providing medical relief; f) Providing primary education; g) Extinguishing fires, protecting life and property against fire accidents; h) Regulating or obtaining offensive or dangerous trades or such practices; i) Construction and maintaining residential quarters for the conservancy staff; and j) Obtaining a supply, additional supply of water and maintaining proper and sufficient hygiene for preventing any danger to the health of the inhabitants.
Discretionary Functions: two functions:-
The list of discretionary functions included the following
To run public utilities like passenger road transport and electric concern; To assist education above the primary level. Finances: The municipalities were authorized to raise the following revenue: a) Rate on building or lands or both on the rentable/rented value of properties.
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b) Service taxes like sanitary cess, drainage tax, water rate, lighting tax, generally to be assessed on the rentable value of properties except in case of water. c) Octroi d) Any other tax in the State List provided the State Government approved the levy of such taxes by the municipalities. Control: The State Government had supervisory power over the municipalities. If a municipality failed to perform a statutory duty, the State Government could dissolve or supersede a municipality on the ground of incompetence, or persistent default in performing its duties. Besides, the State Government could also notify any municipality with a population exceeding 15,000 as a City Municipality. The above state of affairs in the field of municipal government in Himachal Pradesh, engaged the attention of the government, which felt that concrete steps were necessary and this could only be done if there was a separate legislation for this purpose. In this context, the Himachal Pradesh Municipal Act, 1968 was passed. The State Government enacted a separate legislation by passing the Capital of Himachal Pradesh (Development and Regulation) Act, 1968 (22 of 1969). for the development of Shimla town and its suburbs. The Government of Himachal Pradesh provided separate Municipal Acts for Municipal Corporation and Municipal Committees. These Acts are Himachal Pradesh Municipal Act,1968 and Himachal Pradesh Municipal (Amendment & Validation) Act,1980 for Municipal Committees and Himachal Pradesh Municipal Corporation Act, 1979 for Municipal Corporation, Shimla. Elected representatives of urban local bodies ranged from minimum seven to maximum twenty members. The provision of reservations for Scheduled Castes, Scheduled Tribes should not exceed three. Against seven to nine members in municipal committee, there existed one elected or nominated woman. If members are
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more than nine, then two women can be nominated, if women candidates fail to get elected. The term of elected members of municipality was five years. There were provisions regarding office-bearers of the municipality, viz, the President and the Secretary. The Committee System: There was provision for ad hoc committees viz. House Tax Assessment Committee, Water Supply and Sewerage Committee, Finance and Contract Committee, Roads and Building Committee. The Municipal Committees have powers to appoint/constitute any other ad hoc committee as and when required. Functions of the Municipal Government in Himachal Pradesh under the Himachal Pradesh Municipal Act, 1968. The Municipal Committee performed the following functions under Section 5(2) of the Himachal Pradesh Municipal Act, 1968.
Obligatory Functions: mainly related to Construction, maintenance and cleaning of drains, drainage work, public latrines, public parks, maintenance and means of water supply. Registration of deaths and births, naming and numbering of street, Removal of filth, rubbish and other obnoxious or polluted matters, regulation of places for the disposal of the dead and maintenance of such places. Public vaccination and measures for checking the spread of dangerous diseases. The removal of dangerous buildings and places, maintenance of monuments and memorials. Discretionary Functions The furtherance of education including cultural and physical education, organization and management of fairs and the exhibitions. Registration of marriages. The planting and care of trees on the roadsides and elsewhere.
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Construction and maintenance of rest houses, poor houses, houses for deaf and dumb, for disabled and handicapped children, relief to destitute and disabled persons. Construction and maintenance of cattle ponds, establishment and maintenance of veterinary hospitals. At the time of formation of Himachal Pradesh (in 1971) there were 23 civic bodies and 7 cantonment boards the break up of which was a follows: Types of urban local bodies in Himachal Pradesh in 1971 Type of ULBs Municipal Committees Small Town Committees Cantonment Boards Notified Area Committees Numbers 18 02 07 03
The categorization of towns on the basis of their population was: one Class III, four Class IV, Six Class V and nineteen Class VI urban local bodies in the state. Thus, most of the local self governments in 1971 in the state had a population of less than 5000. The Himachal Pradesh Municipal Corporation Act, 1979: The Municipal Committee, Shimla was dissolved on 27 th June 1969 and replaced by a Municipal Corporation consisting of one administrator and ten nominated members, out of which one was to be a woman and one scheduled caste. Upto the constitution of the Corporation, the Deputy Commissioner, Mahasu was appointed as Officer-in-charge from June 27th, 1969. The Municipal Corporation, Shimla came into being from 1 st September 1970. The Government of Himachal Pradesh enacted an Act to provide for the establishment of Municipal Corporation for certain cities in the State. This Act, the Himachal Pradesh Municipal Corporation Act 1979 (Act No. 9 of 1980) received assent on 22 nd august 1980. The only Municipal Corporation of Himachal Pradesh, Shimla was constituted and
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governed under this Act. With this, Municipal Government in Shimla town entered an altogether new phase. The Himachal Pradesh Government in a December 1985 Notification divided Municipal Corporation, Shimla into twenty one wards, out of which three were reserved for Scheduled Castes in order to hold first ever elections to the corporation on May 14, 1986. Local M.L.A. was co-opted as Associated Member. To provide larger representation to women, one woman was nominated by the Government of Himachal Pradesh. To provide representation to minorities, one member each from Sikh, Muslim and Christian communities were nominated under Section (2) (6) of the Himachal Pradesh Municipal Corporation Act 1979 in July 1986. There was provision regarding a Mayor and a Deputy Mayor also. Committee Systems: There was provision for 4 standing committees: (a) Finance and Contract Committee (b) House Tax Assessment Committee (c) Water supply and Sewerage Disposal Committee and (d) Buildings and Roads Committee and Tree Authority. Terms of the Corporation: The term of the elected councilors was five years. The term of the Mayor and Deputy Mayor was two and half years. The Mayor could be removed from office by a resolution passed by majority of the councilors but not less than two third. Special Representation to Women: If no woman is elected to the corporation or the number of women so elected is less than two, the elected councilors shall co-opt in accordance with the provisions of sub-section (2) of Section 6 of Act 1979, two women or such number of women as fall short of two, who is or are otherwise qualified to be elected councilors of the corporation. It was also provided that if the number of women to be co-opted is two, one of them shall be a woman engaged in the work of sweeping and scavenging in the jurisdiction. Functions of Municipal Corporation under Himachal Pradesh Municipal
Corporation Act, 1979
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The Municipal Corporation, Shimla performs following functions under Sections 43 and 44 of Himachal Pradesh Municipal Corporation Act, 1979. Besides the Obligatory Functions of Municipal Committee enumerated earlier, the list of functions of the Corporation was expanded to include the follow: The reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances. The construction and maintenance of municipal markets, slaughter houses and their regulation. Regulation and abatement of offensive or dangerous trades or practices. The securing or removal of dangerous buildings and places. The construction, maintenance, alteration and improvement of public streets, bridges, culverts, causeways, public parks, gardens or recreation grounds. Lighting and maintenance of public streets, naming and numbering of streets and premises. The maintenance of municipal offices, monuments and memorials. The maintenance of a fire brigade and the protection of life and property in the case of fire, if no fire brigade is provided by any other agency in the city. The maintenance and development of value of all properties vested in or entrusted to the management of the corporation, and The fulfillment of any other obligation imposed by or under this Act or any other law for the time being in force. Discretionary Functions a) The Corporation may in its discretion provide either wholly or in part for all or any of the matters relating to furtherance of cultural and physical education, establishment and maintenance (including aid) of libraries, museums, art galleries, botanical or zoological collections, stadiums, gymnasia, akharas and places for sports and games; planting and care of trees on road sides and elsewhere; b) Registration of marriage, census;
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c) Civic reception to persons of distinction, provision of music and entertainment in public places, theatres and cinemas; d) Organization and management of fairs and exhibitions; e) The construction and maintenance of rest-houses, poor-houses, infirmaries, childrens homes, houses for deaf and dumb, disabled and handicapped children, shelters for destitute and disabled persons, asylums; f) The construction and maintenance of veterinary hospitals, cattle ponds; organization or management of chemical or bacteriological g) Welfare measure for employees of the corporation; h) The laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with the public health or medical relief; i) j) The organization, construction, maintenance of wash houses, bathing places and other institutions designed for improvement of public health; The organization and management of farms and diaries within or out of the city for supply, distribution and processing of milk and milk products for the benefits of the residents of the city; k) The organization and management of cottage industries, handicrafts centres and sales emporia; l) The construction and maintenance of warehouses and godowns, garage sheds and stands for vehicles and cattle biers; m) The provisions for unfiltered water; n) The improvement of the city in accordance with improvement schemes approved by the corporation, the provision for accommodation for the inhabitants of any area or for any class of inhabitants. o) The establishment and maintenance of hospitals, dispensaries and maternity and child welfare centres and carrying out of other measures necessary for public medical relief; p) Supply and distribution of electricity to the public; and q) Any measure not herein before specifically mentioned, likely to promote public safety, health convenience or general welfare. The list of functions enumerated, above can be summarized as follows:
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FUNCTIONS PERFORMED BY MUNICIPAL CORPORATION SHIMLA BEFORE 74TH CONSTITUTION AMENDMENT ACT Particulars Function Obligatory I General Administration i) Information and Publicity ii) Maintenance of Records iii) Numbering of Houses II Core Functions i) Street lighting ii) Water supply iii) Sanitation iv) Drainage & Sewerage v) Town Planning III Development Functions i) Housing ii) Education iii) Public Health iv) Social Welfare IV Maintenance Functions i) Sanitation ii) Roads V) Miscellaneous Functions Source: Annual Administrative Report, Shimla MC. Functions taken away from Municipalities The following functions were taken away from the Municipalities in Himachal Pradesh from time to time: Functions taken away from the Municipal Corporation Shimla Functions Taken Over Municipal Transport Year 1956 Discretionary
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Municipal Schools Municipal Colleges Cart Road Maintenance Hospitals and Dispensaries Fire Brigade Electricity Food Laboratories Abolition of Octroi Integration of Municipal Services
1957 1961 1962 1968 1972 1974 1976 1981 1994
It may be seen in the above table that a number of functions given to municipal bodies in the State have been taken away from them at various stages. Types of Urban Local Bodies in Himachal Pradesh Before 74th Constitution Amendment 1991 Type of urban Local Body Municipal Corporation Municipal Committees Notified Area Committees Cantonment Boards Census Towns Total Source : Census of India 1991 The distinctive feature of each category is as follows (a) Municipal Corporations No. of Urban Local Bodies 01 19 30 07 01 58
Municipal Corporations, the local self-government institutions in the big cities are characterized by more powers and wider autonomy. A distinctive feature of the Corporation system of municipal government is the statutory distribution of powers among three coordinate authorities, viz;, the corporation, the Commissioner and the standing committees. The Corporation consists of elected representatives. The Commissioner heads the executive administration, and is appointed by the State
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Government. The Corporation appoints the Standing Committees under the provisions of the Act itself and or through delegation. The Mayor is the head of the Corporation, but he/she has no executive powers. It is the Commissioner who as Chief Executive Officer supervises the day-to-day administration of the Corporation. The bifurcation in the Corporation system is designed to separate the deliberative and executive functions. The Corporation is the deliberative wing, and the Commissioner is in charge of executive responsibilities. The same device for the division of powers is followed all over India in the case of Municipal Corporations. A special feature of the bigger Municipal Corporations such as Calcutta, Delhi and Madras is the existence of sub-municipal units called Borough Committees in Calcutta, Zonal Committees in Delhi and Circle Committees in Madras. To these Committees are delegated many of the purely local functions such as vaccination, registration of births and deaths, cleaning of streets and other local improvement works. (b) Municipal Committees:
Just as in the case of the Municipal Corporations, the major features of the structure of the Municipal Committees had been laid in the nineteenth century and continue to this day. Municipal Committees are the local self-government institutions in the bigger towns with a population of 30,000 or more, but not big enough to form Corporations. Municipal Committee consists of elected councilors and a Chairman or President whom the councilors elect. Compared to the Corporations, the Municipal Committee has less powers and less autonomy. Another main feature of Municipal Committees is their integrated structure. Unlike the Corporations, the Committee has an integrated structure, with no separation of powers among coordinate authorities. The Chairman, who is the head of the deliberative wing or committee, is also the Chief Executive. The current trend however in almost all the States is towards making statutory provisions for the appointment of executive officers responsible for day-to-day administration. The committee system is also in vogue, but the number and pattern of committees is not uniform throughout India.
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Municipal Council, Dharamshala A Brief History The first step towards the introduction of local government in Kangra district was the constitution of municipalities at Dharamshala, Kangra and Nurpur in 1867, 1872 respectively. The first Act pertaining to Municipal local government in the district was the Act XV of 1867. Act XV of 1872 repealed this Act. Both these Acts were very simple with very little in common with the existing Municipal Act. The Kangra District Gazetter 1904 indicates that Dharamshala Municipality was a Class-I municipality. The Municipal Committee, Dharamshala was reconstituted in 1919 under Act 3 of Punjab Municipal Act, 1911 and was declared as Class-II municipality. This notification laid down that the municipal committee would consist of 12 members, six elected and six appointed by government either by name or by official designation. The nominated members of the municipal committee were the Deputy Commissioner, the Civil Surgeon, the Divisional Forest Officer, the Executive Engineer, the Superintendent of Police and an officer nominated by the Officer Commanding, Dharamshala Cantonment. The Deputy Commissioner was elected by name as the President of the Committee. In 1964, elections were held. In December 1973, the number of members was raised to 13 including one reservation for Scheduled Castes. During 1978 elections the elected members were 13. After the implementation of 74th Amendment Act, the Dharamshala Municipal Committees status was changed to Municipal Council, D haramshala, with eleven member Council and two members being nominated by Government. It is governed under Himachal Pradesh Municipal Act, 1994. The area of the town is 18.63 Sq. km and serves a population of 19034, according to 2001 census. (c) Cantonment Boards
Cantonments are military stations that grew up during the British regime for historical reasons of their own. They are governed directly by the Central Ministry of Defence under the Cantonment Act of 1924. In each Cantonment, there is a cantonment Board which is partly elected and partly nominated, and its key officials such as the medical and engineering personnel ar drawn from the military on an ex-officio basis.
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Municipal Council Hamirpur A Brief history There was no municipal or small town committee in the district till 1965. Hamirpur was a part of Kangra district, and accordingly the district Board, Kangra looked after the development and sanitary functions in rural areas. A network of schools was managed by the Board till their provincialization in 1957. The District Board was abolished in 1962. At present, there is only one municipal committee at Hamirpur. Hamirpur Notified Area Committee came into existence in December 1965 with eleven nominated members. Six were officials and five non-official members were Sub-Divisional Officer(Civil), Hamirpur, Assistant Engineer(B&R), Public Works Department, Doctor in charge, Primary Health center, Hamirpur, Executive engineer (HPSEB), Assistant Engineer(public Health) and Tehsildar, Hamirpur. In May, 1974 the Notified Area Committee was upgraded to Municipal Committee with Class II status. Eleven members were elected in the committee. The number of members of the committee was increased to fourteen, out them eleven were elected, two women members were co-opted and MLA from Hamirpur Constituency was the associate member. The elections to the committee were held in June 1978. With the implementation of 74 th Constitution Amendment Act, 1994, the Municipal Committee was converted into Municipal Council with eleven elected and two nominated members. The area of Municipal Council, Hamirpur is 12.28 sq. km. and the population is 17219 according to 2001 Census. (d) Notified Area Committees:
The Notified Area Committees are some kind of stop gap arrangements for areas which are fast developing as new urban areas but which are not yet ripe for municipal governance. There are such committees existing at present in eight states and one union territory. All the members of these committees are nominated by the State Governments, which vest the committees with specific powers in accordance with the provisions of the prevailing Municipal Acts.
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(e)
Town Area Committees
The Town Area Committees are set up for small towns and entrusted with limited local functions. The members of these committees are either fully nominated or partially nominated and partially elected. There are such committees at present in six states ad one union territory. The 74th Constitution Amendment Act, 1992 The Government of India passed the 73rd and 74th Constitution Amendment Acts in order to devolve powers to local bodies. It would be pertinent at this stage to take a view of the rational of decentralization in urban local bodies in order to gauge their performance in Himachal Pradesh. The Objectives of Decentralization The objectives of Decentralization exercises taken up by central government can be grouped under three categories: Political Objectives: 1) Promotion of democracy at the grassroots level; 2) Transfer of power to the people for the provision of civic services; 3) Representation in civic bodies to certain social, political, ethnic and religious groups who matter significantly in terms of national goals but would not otherwise have had influence on decision-making; 4) Decision role of elected representatives in planning, programme implementation and public service delivery; and 5) Improved equity in allocation of government resources for investment in public service. Instrumental Objectives: 1. Improved municipal administration in terms of responsiveness to local problems and effectiveness in dealing with them; 2. Increased autonomy and accountability in municipal affairs; and
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3. Encouraging private and Non-governmental provisions of public services. Economic Objectives: 1. Efficiency in production and delivery of local public goods and services. 2. Internalization of local benefits and costs; 3. Better matching of residents preferences and public services provided. 4. Enhanced local government capacity to implement civic programme; 5. Matching of local functional responsibilities and local finances. 6. Increased mobilization of local resources and directing funds towards public sector; 7. Development of an inter-governmental transfer system based on sound economic principles; and 8. Facilitating planned social and economic development. Though decentralization exercises tend to address a number of overlapping objectives, some of which may even be potentially conflicting, the primary aim is that of taking power to the people, give them an efficient and responsible mechanism for provisions of local public goods and services. The achievement of this objective is the central problem of local self government. The 74th Constitution Amendment Act, 1992 aimed at Constitutional guarantees to safeguard the interest of urban local government to enable them to function as effective democratic and self-governing institutions at grass-root level. It provides a Constitutional forum to the structure and mandate of these bodies. The main objective behind the 74th Constitutional Amendment was decentralization of power and ensuring peoples participation in planning, management and delivering of civic services. This Act brought about some fundamental changes in the system of municipal governance and its main features are as follows: 1. It mandates that if a local government is dissolved, it shall be reconstituted by holding elections within six months. This is to ensure the continuity of elected municipal governments and civic affairs by directly elected representatives.
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2. A framework is provided for earmarking government functions for urban local bodies through the 12th Schedule of the Constitution. 3. The States are to set up Finance Commission to recommend to their legislatures measures on state-local functioning of local bodies. 4. Constitution of Metropolitan and District Planning Committee, with critical role assigned to the elected representatives of the people in preparation and monitoring of development plans, is mandatory. Duration of elected municipal government, participation of women and weaker sections in urban affairs and an enabling framework for efficient delivery of public services were regarded as appropriate to be covered by Constitutional provisions. Accordingly, the 74th Amendment Act provided for: Regular and fair conduct of municipal elections by constituted state election commissions. Limiting the state power to do away with democratically elected municipal government. Adequate representation to weaker sections and women in municipal bodies through reservation of seats. Constitution of Ward Committees in Municipalities with a population of 3 lakhs or more, with no bar on such committees in cities having lesser population, to ensure peoples participation in civic affairs at grassroots level. Specialization by law, through the state legislation, of the power and functional responsibilities to be entrusted to Municipalities and Ward Committees. Placing relationship of state government and urban local bodies on firm footing with respect to local taxation powers ad revenue-sharing between states and local authorities through State Finance Commission, to be set up every five years; and revenue sharing and improving resources and
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Involvement of elected representatives in planning at District Metropolitan level. The 74th Amendment is a pointer to the decentralization of the State to bestow power to the people to plan for themselves and participate in the decision making process. With this Amendment, the urban local selfgovernance units have not only received Constitutional sanction, but important provisions have also been made for this level of government which would lead to improvement of the financial health of the municipal bodies, rationalize their structure and functions and ensure a greater degree of meaningful involvement of the people in the process of planning and development at local levels. LEGISLATIVE DEVELOPMENT IN HP AFTER 74th CONSTITUTION
AMENDMENT ACT The 74th Constitutional Amendment act envisaged that the governments of the state and union territories would take action to pass new legislation or amend existing laws by May 31st 1994 to being them in conformity with the Constitutional provisions. This task of conformity legislations was completed in the year 1994. The 74th Amendment created a legal right in favour of each local body and this right was constitutionally enforceable. Perhaps for the first time, local bodies acquired the real and effective status of local government. It was expected that units of local government were to acquire more and more administrative powers and financial autonomy. The constitution of local bodies has been made obligatory on the part of Government by Article 243-Q of the Constitution. Himachal Pradesh Government enacted two new Acts, as a sequel to the 74 th Amendment i.e. (i) Himachal Pradesh Municipal Act, 1994 and (ii) Himachal Pradesh Municipal Corporation Act 1994, thus constituting Nagar Panchayats and Municipal Councils and the Municipal Corporation of Shimla, respectively. The above classification has been done according to Section 3 of Himachal Pradesh Municipal Act, 1994. The Government of Himachal Pradesh also incorporated additional functions discussed earlier in the Himachal Pradesh Municipal Corporation Act, 1994.
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Present Composition of Urban Local Bodies in Himachal Pradesh There are three kinds of Urban Local Bodies in the state (a) Nagar Panchayats (b) Municipal Councils and (c) Municipal Corporation demarcated on the basis of population, revenue generation, area and economic importance as follows: 1) Nagar Panchayat: for a Transitional Area with a population exceeding 2,000 and generating the revenue of Rs. 5,00,000 for local administration. 2) Municipal Council : for a smaller urban area (urban) with population exceeding 5000 and generating annual revenue exceeding Rs. 20 lakh for local administration. 3) Municipal Corporation: for a larger urban area with a population exceeding 50,000 and generating annual revenue exceeding Rs. 2 crores for the local administration and which has been declared to be a municipal area under Section 3 of Himachal Pradesh Municipal Corporation Act, 1994. At present, Himachal Pradesh has 19 Municipal Councils, 29 Nagar Panchayats and 1 Municipal Corporation and their district wise distribution is given as below: District wise position of Urban Local Bodies in Himachal Pradesh (Post 74th Constitution Amendment) 2001 Census District Total Municipal Corporation Shimla Kangra Solan Mandi Chamba Una Kullu Bilaspur Hamirpur Sirmour 13 10* 08 05 05 05 04 04 04 03 01 ---------Number of Urban Local Bodies Municipal Councils 02 04 03 02 02 01 01 02 01 02 Nagar Panchayats 06 04 02 03 01 04 03 02 03 01 Cantonment Board. 01 01 03 -02 ------
*One Census Town, Mant Khas (Kangra), Source: Census of India, 2001.
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The main features of the HP Municipal Corporation Act 1994 and the HP Municipal Act 1994 relating to elections, reservations are as follows: (a) Duration : another important feature of the 74 th Amendment is the duration of urban Local Bodies. Article 234-4 of the Constitution of India and Section 5 of Himachal Pradesh Municipal Corporation Act, 1994 and Section 14 of the HP Municipal Act, 1994 have provided this. The duration of urban local bodies shall be 5 years. If it dissolved in mid-term, then the election must be held within a period of six months. But duration of municipality, which has been dissolved, shall be for the reminder of the period and not for a full denovo term of five years. Elections to the Municipal Corporation must be held along with other municipalities. (b) Elections: Holding of regular elections at specified intervals both for rural and urban local bodies has been made a Constitutional obligation for the first time under the 73rd and 74th Amendment Acts. Article 243-(3) mandates that an election to constitute a Municipality shall be completed: a) Before the expiry of its duration/tenure b) Before the expiry of a period of six months from the date of its dissolution. Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period. Article 243-(4) states: A municipality constituted upon the duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (I) had it not been so dissolved. The State Governments were required to incorporate these provisions in their respective municipal acts in the spirit of the Constitution Amendments. Consequently, it has become a Constitutional obligation on the part of the state governments to hold elections well within the time frame.
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The Himachal Pradesh Government has incorporated the above in the Himachal Pradesh Municipal Corporation Act 1994 and also in Himachal Pradesh Municipal Act, 1994 for holding elections of the urban local bodies. Section 5(i) of Himachal Pradesh Municipal Corporation Act, 1994 states that the corporation, unless sooner dissolved under Section 404 of this Act, shall continue for five years from the date appointed for its first meeting. Section 9(i) States that the superintendence, direction and control of the preparation of electoral rolls, delimitation of wards, reservation and allotment of seats by rotation for and the conduct of all elections to the Corporation, shall be vested in the State Election Commission. The State Election Commission was constituted by the state Government under section 160 of the Himachal Pradesh Panchayati Raj Act, 1994 and under Articles 243-K and 243-ZA of the Constitution of India. One of the main features of the Himachal Pradesh Municipal Corporation Act, 1994 and HP Municipal Act 1994, is that the members of urban local bodies shall be directly elected and persons not directly elected shall not have the right to vote Constitution of India. (c) Number of seats for Elected Representatives in ULBs of Himachal Pradesh The municipalities constituted under Section 3 shall constitute such numbers of elected members not less than seven as may be determined by the State Government, by adopting the criteria given below: Criteria of Determining Number of Elected Representatives in ULB of HP Population Not exceeding 5000 Exceeding 5000 but not exceeding 10,000 Exceeding 10,000 but not exceeding 20,000 Exceeding 20,000 but not exceeding 30,000
(e.g.
nominated members). This provision has the support of Article 243-R of the
Members(in numbers) 7 9 11 13
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Exceeding 30,000 but not exceeding 40,000 Exceeding 40,000 but not exceeding 50,000 Exceeding 50,000. Source HP Municipal Act, 1994
15 17 19
(d) Reservation of Seats: As per the Municipal Acts applicable in Himachal Pradesh, the pattern of reservation in ULBs follows the reservation pattern stipulated in the 74th Constitution Amendment Act. In Shimla Municipal Corporation in the first election, out of 25 seats the seats for women were 8 and that for Scheduled Castes were also eight. There was no reservation for Schedule Tribe population as their population in Shimla MC is negligible. During last election (2002), the total number of seats were 24, reservation of seats for women and Scheduled Castes were 8 each and out of 8 women, one was Scheduled Caste. The status of reservation in Shimla Municipality in last two elections is also follows: NUMBER OF SEATS IN SHIMLA MUNICIPAL CORPORATION DURING LAST TWO ELECTIONS Ward No. 1 2 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 1st Election Reservation Status General General Women SC General Women General Women General Scheduled caste Scheduled Caste Women General Women 2nd Election Reservation Status General Women General General Women General S.C. General S.C. General General General General S.C.
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15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25
General General General Scheduled Caste General General Women General Women Women General
Women General Women General (SC Women) Women Women General Women General Merged
Source: Report of State Election Commission, Himachal Pradesh (e) Elections after 74th CONSTITUTION AMENDMENT ACT: the first round of local body elections after the 74th Constitution Amendment Act were held in 1995. The second round of election took place in 2000 (for Nagar Panchayats and Municipal Councils). Elections to the Shimla Municipal Corporation took place in May 1997 and 2002. The total number of elected representatives of Municipal Councils are 183(19) Municipal Councils), 221 in 29 Nagar Panchayats and 25 elected representatives of Shimla MC (as per 2002 election). The total numbers of seats for all the local bodies were 341 during the first elections and 430 during the second elections. The elections to Municipal Councils/Nagar Panchayats were last held in December 2000 for 406 wards in 19 Municipal Council and 29 Nagar Panchayats. 160 wards were reserved exclusively for SCs/STs and women. 9 out of 48 seats of Chairpersons were earmarked for SCs, 1 for ST and 13 for women. There is a further sub quota for women among SCs/STs seats to ensure that an overall 33% reservation for women existed, as per Constitutional requirements. Thus, elections providing reservation as stipulated are taking place in Himachal Pradesh.
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(f) Standing Committees in Urban Local Bodies: Te Himachal Pradesh Municipal Corporation Act 1994 (section 40) and Himachal Pradesh Municipal Act 1994 (section 51) mandates three types of Standing Committees in ULBs in Himachal Pradesh as follow: 1. General standing committee. 2. Finance, Audit and Planning committee. 3. Social Justice Committee. 1. General standing Committee: The General standing committee shall perform functions related to the establishment matters, communications, buildings, urban housing, relief against natural calamites, water supply and all residuary matters. 2. Finance, Audit and Planning Committee: This committee shall perform the functions relating to the finance of municipality, framing of budget, scrutinizing prospects of increase of revenue, examination of receipts and expenditure statements, consideration of all proposals affecting the finance of municipality, general supervision of the revenue and expenditure of the municipality and corporation, small saving schemes and any other functions related to the development of municipal area. 3. The Social Justice Committee: Promotion of education and economic, social, cultural and other interests of SC&ST and Backward classes, women and other weaker sections of the society. a) Protection from social injustice and all other forms of exploitation. b) Amelioration of SC, ST and Backward Classes, Women and other weaker sections of the society. c) Securing social justice to SC,ST women and other weaker sections of the society. Social Justice Committee shall include at least one member who may be a woman or a member of SC or ST.
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The standing committees shall perform the functions referred to above to the extent powers are delegated to them by the municipality. Each committee shall consist of not less than 3 and not more then 5 members including the president or vice-president, as the case may, elected by the members of the municipality from amongst the elected members. The president shall be the ex-officio member and also chairperson of the General Standing Commitee and Finance, Audit and Planning Committee. The Vice President shall be the ex-officio member and Chairman of Social Justice Committee. No elected member of the municipality shall be eligible to serve on more than two standing committee. Ward Committee-Proximity to Citizens Another important feature of urban local bodies are Ward Committees, a compulsory provision for towns with population of more than 3,00,000. The state government has the discretion to appoint such committees in smaller towns also. The provision to constitute Ward Committee came from the idea that there is a need to bridge the gap between the elected representatives and their electorate so that activity in any area reflects the aspirations of the people and the elected representatives are directly accountable to the people. The need for effective participation of the people themselves in the governance of their cities has become an imperative. Composition: The ward committees will consist of elected members from wards, local MPs, MLAs, chairpersons of various committees, other persons having special knowledge but without voting right. FUNCTIONS OF URBAN LOCAL BODIES IN Himachal Pradesh
1. Article 243-W constitutionally requires that state legislature must provide such powers, authority and responsibilities to Urban Local Bodies as may be
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necessary to enable them to function as institutions of self-government. A new Schedule, the 12th Schedule was added in the Constitution, which identified eighteen spheres in addition to the conventional functions of the municipalities. Both the Himachal Pradesh Municipal Act 1994 and Himachal Pradesh Municipal Corporation Act 1994, list all the 18 functions as that of urban local bodies with the provison that notifications regarding the devolution of powers be issued by the concerned department. But out of 18 functions mentioned in the 12th Schedule, only half of the functions (9 in number) are performed by the ULBs as seen in the following table. In order to perform the remaining functions, the ULBs are dependent on other departments. Status of Functions being performed by ULBs as 12th Schedule Functions as per 12th Schedule Urban Planning including town planning Regulation of land use and construction of buildings Planning for economic and social development Roads and bridges Water supply for domestic, industrial and commercial purpose Public health, sanitation conservancy and solid waste management Fire services Urban aspects. Safeguarding the interests of weaker section of society, including the handicapped and mentally retarded Slum improvement upgradation Urban Poverty Alleviation Provision of Urban amenities and facilities such as parks, gardens and playgrounds
Being performed by whom Town & Country Planning Department Town & Country Planning Department Town & Country Planning
Department. Public Works Department Irrigation & Public Health Department Urban Local Bodies. Fire Department. protection of the Forest Department.
forestry,
environment and promotion of ecological Social Justice & Empowerment
Department. Urban Local Bodies Urban Local Bodies Urban Local Bodies
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Promotion Burials and
of
cultural, burial
educational
and
Public Relations Department. Urban Local Bodies
aesthetic aspects. grounds, and cremations, electric Urban Local Bodies Urban Local Bodies Urban Local Bodies + State Electricity Board+ State Road Transport Corporation of slaughterhouses and Urban Local Bodies cremation crematoriums. Cattle ponds and preventions of cruelty to animals. Vital statistics including registration of births and deaths. Public amenities including street lighting, parking Regulation tanneries. Source: Directorate of Urban Development As seen in the Table above, a number of agencies are involved in the performance of functions listed in the 12th Schedule. ULBs perform only nine out of the eighteen functions devolved to them. However, in the case of Municipal Corporation, Shimla the situation is slightly different as compared to Municipal Councils/Nagar Panchayats as seen in the following Table: Table showing functions performed by Municipal Corporation, Shimla after 74 th Constitution Amendment Act (as per 12th Schedule of the Constitution). S. No. 1. 2. 3. 4. 5. Urban Planning including Town Planning Regulations of land use and construction of buildings. Planning for Economic and Social Development Roads and Bridges. Water supply for domestic, industrial and commercial purpose.
grounds
lots,
bus-stops
and
public
convenience.
Functions
Whether not Not yet
transferred
or
Already vested in MC Shimla Not yet Already vested in MC Shimla Already vested in MC Shimla
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6. 7. 8. 9.
Public health, sanitation conservancy and solid waste management. Fire services. Urban Forestry, protection of environment and protection of ecological aspects. Safeguarding the interests of weaker sections of society including the handicapped and mentally retarded.
Already vested in MC Shimla Not yet Not yet Not yet
10. 11. 12. 13. 14. 15. 16. 17. 18.
Slum improvement and upgradation Urban Poverty Alleviation Provision of Urban Amenities and facilities such as parks, gardens and playgrounds. Promotion of cultural education and esthetics aspects. Burials and burial grounds, cremation, cremation grounds and electric crematoriums. Cattle pounds, prevention of cruelty to animals. Vital statistic including registration of births and deaths. Public amenities including street lighting, parting lots, bus stops and public convenience Regulations of slaughter house and tanneries.
Not yet Not yet Not yet Not yet Already vested in MC Shimla Already vested in MC Shimla Already vested in MC Shimla Already Shimla. Already vested in MC Shimla vested in MC
Sources: MC Shimla (Administrative Report, 1996) Extent of Devolution: an Analysis In order to deepen the analysis, it would be worthwhile to evaluate the provisions in the conformity legislations regarding three of the most important aspects of municipal decentralization, namely functional decentralization, financial decentralization and popular participation in the provision and monitoring of affairs of Municipal government. Functional Decentralization In view of 74th Amendment Act the state government has legislated all the functions listed in the 12th Schedule as legitimate municipal functions. Sections 43 and 44 of the
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Himachal Pradesh Municipal Corporation Act, 1994 provide the obligatory and discretionary functions to be performed by the ULBs. These functions are an identical reproduction of Sections 43 and 44 of the repealed Himachal Pradesh Municipal Corporation Act, 1979. Section 42 of Himachal Pradesh Municipal Corporation Act 1994 empowers the State Government to issue notifications to determine the various additional functions of the Corporation on the subject itself in Section 42(1)(a&b) and further heads (i) to (xviii) and 12 th Schedule of Constitution corresponding to Article 243 W. Therefore, apart from obligatory functions and discretionary functions of the ULBs, some additional functions are bestowed on the corporation Most of the Urban Local Bodies are under-equipped to perform functions which have been delegated. To illustrate, the total sanctioned strength of staff on 31.3.1999 for Dharamshala MC and Hamirpur MC was 81 and 62 respectively and staff in position as on 31.3.1999 was 68 and 33, respectively. The rationale behind the inclusion of new responsibilities such as: (i) Urban Forestry, protection of the environment and promotion of ecological aspects, and (ii) urban poverty alleviation under the 12th Schedule is that these functions which are of tremendous social importance is best handled locally. The conformity legislation indicates that there are tremendous differences regarding whether the above mentioned functions ought to be local, obligatory or discretionary. Perhaps there is doubt whether the ULBs will be able to shoulder these responsibilities or not. It may, however, be mentioned here that while some functions are appropriate for municipalities, it is not necessary that they be financed by corporations collected revenue. There may be valid reasons to link them to inter government transfers. The following table shows the functions, performed by the ULBs at present (inclusive of pre and post 74th Amendment to the Constitution of India. Functions performed by Municipal Corporation Shimla at present. (Inclusive of pre and post 74th Amendment) Sr. No.
Functions
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I II
General Maintenance (Administration i) Maintenance of Records Core Functions i) Street lighting ii) Water-supply iii) Sanitation iv) Drainage/Sewerage
III
Development Functions i) Maintenance/Development Activities. ii) Construction of parking spaces, public amenities iii) Conversion of dry latrines to hand flush and rehabilitation iv) Implementation of SJSRY
IV
Maintenance Functions i) Sanitation ii) Roads iii) Drains iv) Water Supply System
V.
Miscellaneous functions i) ii) iii) iv) v) vi) vii) Erection and maintenance of parking places. Markets and slaughter house Parks etc. Maintenance of Municipal properties and offices Assessment and collection of taxes/fees, etc. Sweeping of public streets and drains Removal and dumping of rubbish hostels etc.
viii) Running and maintenance of labour hostels and working women Source: MC Shimla (Administrative Report 1996) Stake Holders In Urban Governance in Himachal Pradesh As has been pointed out earlier, some of the other Stakeholders involved in urban Governance in the existing framework besides the Directorate of Urban Development in the State are:
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1) Town and Country Planning Department: Three functions namely urban planning including town planning, planning for social and economic development and construction of buildings which are to be devolved to loca bodies according to the 12th Schedule of the Constitution are currently being taken care of by he Town & Country Planning Department. 2) HP State Electricity Board is responsible for the provision of street lights in various ULBs for public and private use. 3) Irrigation and Public Health Department is responsible for the provision of water supply for domestic, industrial and commercial purposes in all areas under the jurisdiction of ULBs. 4) HP Public Works Department is responsible for the construction of roads and bridges in all ULBs. 5) HP Forest Department is responsible for urban forestry, protection of environment and promotion of ecological aspects. 6) Social and Women Welfare Department is responsible for safeguarding the interests of weaker sections of society and implementing all welfare schemes in ULBs. Other stakeholders in the government domain are HP State Pollution Control Board, State Council for Science, Technology and Environment and the department of Industries. The District Administration also plays a crucial role in maintaining and monitoring various development projects within the jurisdiction of urban local bodies. This set up seems to indicate to some level of overlapping of functions and in a sense, this has also lead to corrosion of the autonomy of urban local bodies. Besides these government departments, various NGOs help urban local bodies perform their task effectively and efficiently. District Planning Committees All the Municipal Acts in India provide for functions/duties and responsibilities to be carried out by the municipal government. Article 243 ZD(i) of the Constitution Amendment Act provides for constitution of District Planning Committees (DPCs) to
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consolidate the plans prepared by the Municipalities and Panchayat in the districts and to prepare a draft development plan for the district as a whole. With this provision integrated regional planning has been recognized by the Constitution where investment, its spatial impact and development are to be considered and realized. The constitution of District Planning Committees as per the 74th Constitution Amendment Act has a bearing on the Regional and Town Planning Act and other Acts in which planning, land use related provisions have been made. The DPC as envisaged in the Constitution Amendment Act is a prominent statutory committee and will be largely responsible for coordination of development activities in the area; the existing development authorities in DPC area may provide necessary technical input and thus contribute to the effective functioning of the District Planning Committees. The functions of District Planning Committees as provided in the Constitution Amendment Act include aggregation of fiscal and investment plan for Annual/Five Year Planning, Article 243-2D(3a) elaborates the scope of District Planning Committees to include spatial planning, sharing of water and other physical and natural resources, integrated development of infrastructure and environment conservation. The Himachal Pradesh Government has made provisions for District Planning
Committees under Section 185 of Himachal Pradesh Panchayati Raj Act, 1994 to consolidate the development plans prepared and submitted to it by the Municipalities in the District, under sub-section (i) and prepare a draft development plan for the district as whole. Under Section 421 of Himachal Pradesh Municipal Corporation Act, 1994 and Section 260 of the HP Municipal Act, 1994, urban local bodies shall prepare every year a development plan for its area and submit it to the District Planning Committee. The persons to represent the municipalities in the District Planning Committee, under Section 185 of the Panchayati Raj Act, 1994, shall be chosen by the elected members of the Municipalities in the District in the prescribed manner from amongst themselves.
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Every District Planning Committee shall in preparing the draft development plan have regard to: Matter of common interest between the municipalities and Panchayats including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environment conservation. The extent and type of available resources whether financial or otherwise. Consult such institutions and organizations as the state government may specify. The chairpersons of every District Planning Committee shall forward the development plans as recommended by such committees, to the State Government. The following functions can be assigned to the DPC under Article 243-2D (3a) Preparation of Draft Development Plan including spatial and economic planning of the district with reference to the common interest between the Panchayats and municipalities. Rationalization of investment allocation on an annual basis for the district. Approval of guidelines for planning and building controls. Decision about sharing of resources including water between different bodies urban and rural with the district. Resolution of conflicts regarding peripheral area and hinterland. Matters relating to resources of water supply, sites of disposal of sewage, solid waste, etc. Formulating plans for development of integrated infrastructure for scheme of water supply to enable peripheral village areas and the main city.
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Formulating operation guidelines to minimize overlapping of functions between Panchayats and urban local bodies and also for planning and location of agricultural markets and mandies. The District Planning Committees shall consist of: Members of the Lok Sabha who represent the whole or part of the district The chairperson of the Zila Parishad. Mayor or the president of the municipality having jurisdiction over the headquarters of the district. Such number of the persons not less than four fifths of the total number of the committee as may be specified by the government (elected by the in the prescribed manner) from amongst the elected members of the Zila Parishad and municipalities in the district in proportion to the ratio between the population of the rural areas and the urban area in the district. Permanent Invitees: all the members of the state legislative Assembly whose constituencies lie within the district and who are registered as electors in the district, the Deputy Commissioner and representatives of the cooperative bank and Land Development bank shall be permanent invitees of these committee. The Secretary of the Zila Parishad shall be the Secretary of the committee. Though the HP Panchayati Raj Act, 1994 provided that the Chairman of the DPC shall be chosen in the manner as may be prescribed, an Amendment made in 2000 introduced the provision that a minister chosen by the state government shall be the Chairperson of the District Planning Committee. The Department of Panchayati Raj Himachal Pradesh vide notification dated 16 th May 2001 constituted the District Planning Committee in all the districts as follows:COMPOSITION OF DISTRICT PLANNING COMMITTEES
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Name of the District
Total No. of members of DPC
No. of members to be elected from Zila Parishads
No. of members to be elected from Municipalities
No. of members of Lok Sabha
Chairpersons of Zila Parishads.
No. of Mayors/ Presidents of Municipalities having jurisdiction over the headquarters of the district.
Bilaspur Chamba Hamirpur Kangra Kinnaur Kullu Lahaul & Spiti Mandi Shimla Sirmour Solan Una
20 20 20 25 12 20 12 25 25 20 20 20
13 15 15 19 9 13 9 19 16 14 14 15
3 1 1 1 3 2 4 2 2 1
1 2 1 2 1 1 1 1 2 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
Sources of revenue: Adequate finances which are independent of the State government, constitute the lifeblood of the whole system of local self government. According to Taxation Inquiry Commission, "Apart from growth and development, the crux of the problem of local bodies is finance." Local Self Government- becomes meaningless in the absence of financial autonomy. It enjoys the power of imposition of local taxes. The municipal bodies must have a wider scope of collection of revenues.
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Municipal bodies derive their revenues from various sources, such as : A. Taxation Municipal bodies are authorize to levy certain taxes (direct/indirect) subject to confirmation by the Government. B. Non-Taxation This source includes items like rents (of municipal property),fees(for issue of licenses, permits etc.), fines(realized for offenses against municipal bye-laws, rules, regulations etc.), interest (on investment), profit(from public utility undertakings like water, passenger transport, electricity supply). The Government has notified rates/maximum limits of Following Taxes/Fees which are being imposed by the municipalities in order to raise sources for income : Name of the Taxes/Fees House Tax Show Tax Dog License Fee Building Plan Fee Tax on the consumption of Electricity Sale of liquor Cess on the transfer of immovable property 7.5% to 12% Rs.50/- per show Rs.50/- per annum Rs.2.50 paise for residential/ Govt. and Rs.5.00 for commercial per sq.mtr. 1 paise per unit Rs.1/- per bottle 2% of the amount Rates
In addition to above, generally, the following taxes/fees are being collected by the municipalities vide resolutions in their respective houses: Name of the Taxes/Fees License for Dangerous and Offensive trades Rehari License Fee Tehbazari Tax Slaughter House Fee
Rates
Rates are varied in respective ULBs
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Cattle Pound Fees Birth & Death Certificate Fee Copying Fee Tree Cutting Fee Library Membership Ground Tax Vehicle License Fee Death & Birth Reg./ Late Fee Forest /Garden Income Animal Tax(Cattle Pound) Trade License Fee Tax on advertisements other than advertisement published in the newspaper. C. Grants-in-aid(Government Grants): They are the financial subsidies given by the State government in aid of certain services rendered by municipalities. These grants tend to be specific in nature, i.e., are tied to some particular service. D. Loans: This source is tapped to finance the capital expenditure like installation of water works, acquisition of land for residential purposes, development activities or public utility undertakings. Loans can be raised only with the prior approval of the State Government and, under certain circumstances, also of the Central government. Conclusion To summarize, devolution has not taken place in ULBs in Himachal Pradesh to the extent envisaged. The functions being performed in ULBs today continue to be those devolved in 1968 and 1979 and no significant devolution has taken place after that. Overlapping of functions between various departments is a reality. Requisite funds to
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allow the ULBs to perform whatever functions have been devolved to them has also not taken place. The current legislation in Himachal Pradesh does not have any provision for Ward Committees. In many states (eg Madhya Pradesh and Kerala), these committees have served as useful tools to mobilize the community and increase their participation and undertaken planning at the Ward level. It would be worthwhile to debate whether these Committees can be constituted in Himachal Pradesh too, in Shimla MC and a few other Municipal Councils for starters. Yet another area that requires action is that of activating the DPC, which is currently dormant. The DPC has tremendous scope for looking at problems in an integrated manner, as the prime objective of the DPC is to facilitate joint planning in an area by both rural and urban local bodies. This has especial implications in the states Nagar Panchayats, which are in a transitional phase and manifest the problems of both rural and urban area. SUMMARY AND RECOMMENDATIONS: Himachal Pradesh is a state where 90 per cent of the population lives in rural areas and almost 70 per cent depends on agriculture which contributes only 23 per cent to the Gross State Domestic Product at factor cost at constant prices (199394). No development can be successful if it is not built on the foundation of the rural sector. In view of this, there is urgent need for giving high priority to rural development, taking into account the following recommendations: Ensure effective dissemination of information, education and impart training to the elected representatives of the PRIs for good governance and management for overall rural development. Besides the elected representatives, government officials working with the PRIs too need to be trained. Though the government, non-government organizations and civil society groups are imparting such training, yet there is a need for joint efforts so that the impact is more effective and transparent.
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Ensure coordination between Panchayats, Government and NGOs to upgrade the skills of the rural people and improve the quality of their life by establishing rural enterprises catering to their skills and needs. Maintain and upgrade the existing rural infrastructure and promote facilities such as cold chains, marketing intelligence network to facilitate the agroprocessing industries. The Government of India in certain cases provides funds for the development of rural areas through the agency of NGOs, whereas the PRIs, being the real representative bodies of the people, are not treated as NGOs. The Government of India should abandon this approach and provide funds from all agencies, including international funding, to the PRIs. The state government is in the process of adopting the central pattern of devolution of functions, functionaries and funds in respect of 29 items. The Government of India is also required to devolve to the PRIs similar functions in respect of schemes implemented by various ministries of the Government of India in the rural areas. To discourage over dependence on funds from outside, the PRIs should be encouraged and empowered to mobilize their own physical and human resources. Special efforts should be made to promote and facilitate a network of elected women representatives. Intra-state and inter-state exposure visits of women representatives of PRIs need to be encouraged. Agricultural reforms are a key element for improving the economic condition of the small and marginal farmers. The involvement of PRIs in this process has a great scope. For better implementation of poverty alleviation programmes, there is need for effective coordination between the officials of various departments and the PRIs.
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Gram Panchayats should be encouraged to involve themselves actively in planning, implementing monitoring and evaluating the poverty alleviation and other development programmes for better results. All poverty alleviation programmes at the village level should be put at the disposal of the gram Panchayat and implemented with the help and cooperation of the local-level bureaucracy. Further, the Gram Panchayats should be selective in this regard and take into account the needs of the people and the scope of real employment generation, before taking up the programmes for implementation. For proper identification of the BPL families, the role of the NGOs, Panchayats and the community must be ensured. An appropriate institutional and organizational structure is a prerequisite for the success of a rural development programme. Appropriate technological skills, equitable access to production inputs, services and credit are other prerequisites for the success of a production-oriented programme. A producerowned and controlled integrated system of production, procurement, processing and marketing is necessary to derive full benefits from the backward and forward linkages of these activities. Although, the government has been and will continue to be the most important actor in rural development, it alone cannot effectively tackle all problems. The PRIs, cooperatives, voluntary agencies and the private sector can play an important role in the process of development by complementing and supplementing the functions and activities of the government. *********************************
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Panchayati Raj Institutions &amp; Local Self Govt

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PANCHAYATI RAJ INSTITUTIONS & LOCAL SELF GOVT.

Chapter-VIII 8. PANCHAYATI RAJ INSTITUTIONS & LOCAL SELF GOVT.

STRATEGIC REVIEW OF MACHINERY OF GOVERNMENT