Analysis of Municipalities

Abstract

Municipality is a urban unit of local government. A municipality is a planning

authority given with the task of undertaking development a city political
subdivision of a state within which a municipal corporation has been established to
provide general local government for a specific population concentration in a
defined area. The municipality is one of several basic types of local government,
the others being counties, townships, school districts, and special districts.
Municipal corporations are organized under the applicable state constitution and
laws, with powers of government expressly or implicitly conferred by that
constitution and laws, and also by charter. Within the municipality, these powers
are exercised by a governing body elected by the people. A municipality is a civic
body which is formed to carry out certain public services like public health,
welfare, waste disposal, water supply, public safety, public infrastructure works
and developmental activities as mentioned under the twelfth Schedule of the
Constitution of India.

Introduction

History and Background

oration into the urban institutional system inside the political arrangements of
governance reveals an in depth linkage between constitutional development and
therefore the growth of municipal establishments in Asian country. Madras
received its municipal charter as early as 1687 and municipal establishments
outside the Presidency cities were created from 1842 onward; it absolutely was
solely when the ‘Mutiny’ of 1857 that Brits began seriously to regarding believe
consider suppose deem trust admit accept have confidence have faith in rely on
place confidence in the large-scale municipalization of the country— part to
alleviate the imperial exchequer— so by 1870 there have been about two hundred
municipalities throughout British Asian country (Tinker 1954). However, Indian
enthusiasm during this respect was restricted, in spite of the known Ripon
Resolution of 1882 that emphasised political education even at the value of
potency in government. From the nationalists’ purpose of read, native self-rule was
nonsense while not political participation at the upper levels of governance;
whereas Brits officers in Asian country resisted all makes an attempt to free the
native authorities from the apron-strings of district administration. Following the
Montagu-Chelmsford Report, below the govt. of Asian country Act, 1919,
municipal establishments were finally discharged from the management of the
district officers and therefore the Indian political leadership became additional
obsessed on municipal affairs. However, with the grant of provincial autonomy
below the govt. of Asian country Act, 1935, the interest of Indian nationalists in
municipal affairs waned, and political participation within the provincial
legislatures took the centre-stage of Indian politics. the same shift of political
attention at the national level happened when Indian independence in 1947, with
adverse consequences for each political theory and native government in Asian
country. Politically, therefore, municipal establishments were necessary for a short
amount of solely sixteen years between 1919 and 1935. Their political eclipse
became complete with the increase of states throughout the four and-a-half-
decades of the post-independence era, till the passage in 1992 of the constitutional
amendments by the Indian Parliament, that accorded constitutional standing to
native governments below a liberalized economic regime. As within the past,
major reform of government continues to be being initiated by the central
government instead of by the States inside that native governments operate below
the Constitution.

Municipal governance in Asian country

Changes in categorization of Municipalities

Earlier categorization (Before 1992) Current

categorization (After 1992) ƒ Municipal Corporation ƒ
Municipal Corporation

Municipal Committee/Council ƒ Municipal Council

Notified space Committee ƒ Nagar panchayat (Town

Council)

City space Committee ƒ

The try of the central government is to determine a homogenous classification of

municipalities throughout the country, that relies on the principles of democracy.
tho' all urban native governments have common objectives and somewhat identical
characteristics, the strategy of their constitution within the extent of delegated
functions, powers and resources offered to them lends a definite standing to every
class of government

The number of municipalities (i.e., municipal firms, municipal councils and nagar
panchayats) differs from State to State. it's obvious that States with an outsized
range of urban areas have a better range of municipalities. There area unit some
States wherever municipal firms and/or nagar panchayats don't exist. this can be
thanks to the actual fact that the urban areas in such States don't fulfil the
conditions for the constitution of a specific sort of government. Municipalities area
unit entrenched by the authorities, that specifies the category to that a municipality
shall belong in accordance with the provisions of the municipal Act. For this
purpose, size of the urban population is that the main criterion. However, in some
States thought is additionally given to different criteria, like location of the
geographic region and therefore the per capita financial gain

Municipal Legislation

Urban native governments area unit ruled by the provisions of the State municipal
Acts.13 each State has its own municipal Act. The State legislative assembly is
authorized by the central government to make your mind up on the structure,
functions and powers to be entrusted to the native governments.14 though the
content and format of assorted State municipal Acts is additional or less uniform,
there are a unit placing variations within the provisions for devolution of powers,
functions and funds to governments since this can be determined by the condition
of each the State and therefore the native government. The system is regulated by
enactments passed from time to time by State legislatures. Moreover,
municipalities possess powers to draft native byelaws on numerous provisions for
the furtherance of municipal administration. This can be thanks to the actual fact
that every geographic region has its own distinct character. The byelaws area unit
sent to the State legislative assembly for approval. The municipal Act is, therefore,
a comprehensive guiding legal instrument for the government officers and
therefore the no appointive representatives, and byelaws area unit framed to more
clarify the administrative procedures.15 In every State, two different types of Acts
are generally in use – one for the municipal corporations and a common Act for the
municipal councils and nagar panchayats. In a few States where several municipal
corporations exist, the legislature has framed municipal Acts especially for some
corporations.16 The remaining corporations in the State are governed by a
common municipal corporations Act.

74th Constitutional Amendment

This act added a new part IX-A to the Constitution entitled as ‘The Municipalities’
and a new Twelfth Schedule containing 18 functional items for municipalities. The
main provisions of this Act can be grouped under two categories–compulsory and
voluntary. Some of the compulsory provisions which are binding on all States are:

1. Constitution of Nagar panchayats, municipal councils and municipal firms in

transformation areas (areas in transition from a geographic region to urban area), smaller
urban areas and bigger urban areas respectively;

2. Reservation of seats in urban native bodies for regular Castes / regular Tribes
roughly in proportion to their population;

3. Reservation of seats for ladies up to third seats;

4. The State commission, well-grooved so as to conduct elections within the

panchayati rule bodies (see 73rd Amendment) also will conduct elections to the urban
native self- governing bodies;

5. The State Finance Commission, well-grooved to trot out monetary affairs of the
Panchayati rule bodies also will scrutinize the monetary affairs of the native urban self
governing bodies;

6. Tenure of urban native free bodies is mounted at 5 years and just in case of earlier
dissolution contemporary elections ar to be control inside six months;

Some of the voluntary provisions that don't seem to be binding, however ar expected to be
determined by the States are:

1. Giving illustration to members of the Union and State Legislatures in these bodies;

2. Providing reservation for backward classes;

3. Giving monetary powers in relevancy taxes, duties, tolls and charges etc;
4. creating the municipal bodies autonomous and devolution of powers to those bodies
to perform some or all of the functions enumerated within the Twelfth Schedule additional
to the Constitution through this Act and/or to organize plans for economic development.

In accordance with the 74th modification, municipal firms and municipalities (municipal
boards or municipal committees) ar currently regulated in an exceedingly fairly uniform
manner all told the States. However, one should keep in mind that native self-
determination continues to be a theme within the State List.

Thus, the 73rd and 74th amendments give a framework for the States in respect of
government. Thus, every State has its own commission that conducts elections to all or any
native bodies once regular intervals of 5 years.

Each State has its Finance Commission to control finances of the native bodies. Seats ar
reserved within the firms and municipalities for regular Castes and Tribes. third seats ar
reserved for ladies all told native bodies – urban and rural.

Composition

The Municipal bodies ar well-grooved of persons chosen by direct election from the
territorial constituencies (known as wards) within the municipal space.

However, the assembly of a State could, by law, give for the illustration in an exceedingly
municipal body of persons having special information or expertise of municipal
administration, the members of Rajya Sabha, Lok Sabha and therefore the members of
general assembly and law-makers of the State, representing constituencies, that comprise
completely or partially the Municipal space.The state assembly can also give the style of
the election of the Chairpersons of a municipality.

The state assembly can also give the style of the election of the Chairpersons of a
municipality.

Empowerment of weaker sections of society and girls by reserving seats for such teams is
one among the necessary constitutional provisions of the Constitutional modification.

The offices of president also are reserved for SC/ST and girls. Thus, a minimum of one
year, out of 5 year period of Municipal Corporation of Delhi, the workplace of city
manager is reserved for a lady, and for one year is reserved for a member of regular Caste.
It provides a term of 5 years to the municipalities and if any of them is to be dissolved, it
should incline a chance of being detected.
Reservation of Seats in Municipalities (Article 243 – T) (1) Seats shall be reserved for the
SCs and STs in each Municipality and therefore the range of seats thus reserved shall bear,
as nearly as is also, an equivalent proportion to the whole range of seats to be crammed by
direct election in this Municipality because the population of the SCs within the Municipal
space or of the STs within the Municipal space bears to the whole population of that space
and such seats is also assigned by rotation to completely different constituencies in an
exceedingly Municipality. (2) Not but third of the whole range of seats reserved
underneath clause (1) shall be reserved for ladies happiness to the SCs or because the case
is also, the STs. (3) Not but third (including {the range|the amount|the quantity} of seats
reserved for ladies happiness to the SCs and therefore the STs) of the whole number of
seats to be crammed by direct election in each Municipality shall be reserved for ladies and
such seats is also assigned by rotation to completely different constituencies in an
exceedingly Municipality. (4) The offices of Chairpersons within the Municipalities shall
be reserved for the SCs, the STs and girls in such manner because the assembly of a State
could, by law, provide. (5) The reservation of seats underneath clauses (1) and (2) and
therefore the reservation of offices of Chairpersons (other than the reservation for women)
underneath clause (4) shall stop to own impact on the expiration of the amount laid out in
Article 334. (6) Nothing during this half shall forestall the assembly of a State from
creating any provision for reservation of seats in any Municipality or offices of
Chairpersons within the Municipalities in favour of backward category of voters. Source:
Constitutional Provisions with reference to Village Panchayats and Municipalities in India
(1999: 12).

Functions of Urban Local Bodies

It is a common practice to divide the organisation of a corporation or a
municipality into two parts:

(a) deliberative and (b) executive part

The corporation, council or municipal board or council consisting of the elected

representatives of the people constitutes the deliberative part. It acts sort of a
legislature.

It discusses and debates on general municipal policies and performance, passes the
budget of the urban local body, frames broad policies concerning taxation,
resources raising, pricing of services and other aspects of municipal administration.

It keeps an eye fixed on municipal administration and holds the chief in charge of
what's done or not done. as an example , if water system isn't being properly
managed, or there's a plague of an epidemic, the deliberative wing criticises the
role of the administration and suggests measures for improvement.

The executive a part of municipal administration is taken care of by the municipal

officers and other permanent employees. within the corporations, the Municipal
Commissioner is that the executive head, and every one other departmental officers
like engineers, finance officers, health officers etc. function under his/her control
and supervision.

In a large corporation, like Delhi or Mumbai Municipal Corporation, the

Commissioner is typically a senior IAS officer. In municipalities, the chief officer
holds an identical position and appears after the general administration of a
municipality.

Municipal functions are generally classified into obligatory and discretionary

types.

The obligatory (compulsory) functions are people who the municipal body must
perform. during this category fall such functions as water supply; construction and
maintenance of roads, streets, bridges, subways and other structure , street lighting;
drainage and sewerage; garbage pickup and disposal; prevention and control of
epidemics.

Some other obligatory functions are public vaccination and inoculation;

maintenance of hospitals and dispensaries including maternity and child welfare
centres; checking food adulteration; removal of slums; supply of electricity;
maintenance of cremation and burial grounds; and city planning. In some States a
number of these functions could also be appropriated by government .

The discretionary functions are people who a municipal body may take up if funds
permit. These are given less priority. a number of the discretionary functions are
construction and maintenance of rescue homes and orphanages, housing for low
income groups, organising public receptions, provision of treatment facilities, etc.

In spite of the long list of functions contained within the municipal legislations, the
main functions that the municipal authorities actually handle are: (i) public health
and sanitation, (ii) water system and drainage, (iii) structure and roads, (iv)
primary' education, and (v) health clinics and maternity homes. Other functions are
relatively minor or accompanying these main responsibilities. the standard practice
is to divide the state functions into various sub-functions and delegate
INSTITUTIONAL ASPECTS OF URBAN G O V E R N AN C E 97 a number of
these to the municipalities, sometimes retaining their development component and
delegating only the operation and maintenance tasks. it's also a standard practice to
divide municipal functions into obligatory and optional ones. In practice this has
only an accounting significance for maintaining a lively list of the obligatory
functions, since it's impossible to get down objective standards of performance of
the municipal regulatory, house-keeping and civic functions (Datta 1992). We now
address the constitutional design and operative aspects of state-municipal
functional allocation as detailed in Table 3- it'll be seen that the municipal bodies
derive their functions not only from the State list (list II), but also from the
concurrent list (list III) of the Indian Constitution (7th Schedule). The 12th
Schedule under the seventy-fourth Amendment seeks to widen the municipal
operative sphere into three new areas: (i) economic and social planning, (ii) care of
the weaker sections, and (iii) poverty alleviation. On the opposite hand,
municipalities aren't being encouraged to widen their human development
activities, especially in primary health care, nutrition, elementary and first
education and private social services. the most thrust of the 12th Schedule seems to
be to re-orient the municipalities form their earlier preoccupations with public
health and sanitation to water system , roads, physical planning and environmental
control and shelter-related activities— a bias originating from the Central Ministry
liable for drafting the functional list.

S. No. Category Description

1 Public Health and Sanitation water system , public vaccination, control of

diseases, prevention of pollution, collection & disposal of rubbish, maintenance of
sewers, etc.

2 Medical Relief Establishment & maintenance of health institutions, etc.

3 structure Construction & maintenance of streets, bridges, etc., control &

regulation of building activity, street lighting, tree plantations, etc. 4 Education
Establishment & maintenance of educational institutions, etc.

5 Development Construction & maintenance of markets, shopping centres,

beverage standposts, wells, parks, gardens, etc.; preparation of comprehensive
plans for development & growth of town, etc.

6 Administrative Preparation of annual reports, maintenance & development of

municipal property, regulation of traffic, registration of births & deaths, etc.
Powers, Authority and Responsibilities of Municipalities (Article 243 – W)

Subject to the provisions of this Constitution, the general assembly of a State

could, by law, endow – (a) the Municipalities with such powers and authority as is
also necessary to alter them to perform as establishments of self-rule and such law
could contain provisions for the devolution of powers and responsibilities upon
Municipalities, subject to such conditions as is also nominal in this, with respect to:
(i) the preparation of plans for economic development and social justice; (ii) the
performance of functions and also the implementation of schemes as is also
entrusted to them together with those in relevance the matters listed within the
Twelfth Schedule; (b) the Committees with such powers and authority as is also
necessary to alter them to hold out the responsibilities presented upon them
together with those in relevance the matters listed within the Twelfth Schedule.
Twelfth Schedule one. Urban coming up with, together with city planning; a pair
of. Regulation of land-use and construction of buildings; three. coming up with for
economic and social development; four. Roads and bridges; five. facility for
domestic, industrial and industrial purposes; half-dozen. Public health, sanitation,
conservancy and solid waste management; seven. fireplace services; eight. Urban
biological science, protection of the surroundings and promotion of ecological
aspects; nine. Safeguarding the interests of weaker sections of society, together
with the incapacitated & mentally retarded; ten. Slum improvement and
upgradation; eleven. Urban impoverishment alleviation; twelve. Provision of urban
amenities and facilities, like parks, gardens, playgrounds; thirteen. Promotion of
cultural, academic and aesthetic aspects; fourteen. Burials and burial grounds;
cremations, incineration grounds and electrical crematoriums; fifteen. kine pounds;
bar of cruelty to animals; sixteen. statistic, together with registration of births and
deaths; seventeen. Public amenities, together with street lighting, parking heaps,
bus stops and public conveniences; and eighteen. Regulation of slaughterhouses
and tanneries.

Type of urban governments

There area unit eight forms of urban governments in Asian nation.

1. Municipal Corporation: Municipal companies area unit created for the
administration of massive cities like Delhi, Mumbai, Hyderabad et al.. A
Municipal Corporation has 3 authorities particularly, the council (legislative wing
of the corporation), the commission (to facilitate the operating of the council) and
also the commissioner (chief government authority of the corporation).The council
include councillors directly elective by folks associated is headed by a civil
authority whereas the Commissioner is appointed by government and is usually an
IAS officer.

2. Municipality: The municipalities area unit established for the administration

of cities and smaller cities. they're familiar by numerous different names like
municipal council, municipal committee, municipal board, borough municipality,
town municipality et al.. In composition they're quite almost like municipal
companies except that head of council is named President /chairman and in situ of
commissioner they need a chief government officer/chief municipal officer.

3. Notified space Committee: A notified space committee is made for the

administration of 2 forms of areas- a quick developing city thanks to industry, and
a city that doesn't however fulfill all the conditions necessary for the constitution of
a municipality, however that otherwise is taken into account vital by the
government. it's known as therefore as a result of it's created by a notification and
in contrast to the municipality it's a completely nominative body, i.e. all members,
together with the Chairman, area unit nominative by the government. Thus, it's
neither a statutory body (created by law) nor associate elective body.

4. city space Committee: it's established by a separate act of state general

assembly for the administration of alittle city. it's a semi-municipal authority
entrusted with restricted range of civic functions. it's going to be totally elective or
totally nominative or partially elective and partially nominative as provided by
government.

5. military quarters Board: it's established for municipal administration for

civilian population within the military quarters area unitas (area wherever military
forces and troops are for good stationed). it's established underneath the provisions
of the military quarters Act, 2006 by central government and works underneath
Defence ministry of central government. it's partially elective and partially
nominative body having the officer commanding the station as its ex-officio
President. vice chairman is elective amongst by the elective members of board.
the chief officer of the military quarters board is appointed by the President of
Asian nation.,

6. Township: it's established by giant public enterprises to produce civic

amenities to its workers and staff, UN agency sleep in the housing colonies
engineered close to the plant. it's not associate elective body and every one
members, together with the city administrator, is appointed by the enterprise itself.

7. Port Trust: The port trusts area unit established within the port areas like
urban center, Kolkata, Madras then on for 2 purposes: (a) to manage and shield the
ports; (b) to produce civic amenities. it's created by associate Act of Parliament and
it consists of each elective and nominative members.

8. Special Purpose Agency: The states have established bound agencies to

undertake selected activities or specific functions that lawfully belong to the
domain of municipal companies, municipalities or different native urban
governments. In different words, these area unit perform based mostly, not space
based mostly. they're called ‘single purpose’, ‘uni-purpose’ or ‘special purpose’ or
‘functional native bodies’ like city improvement trust, housing boards, pollution
management boars etc. they're established as statutory bodies by associate act of
state general assembly or as departments by associate government resolution. They
perform as associate autonomous body and don't seem to be subordinate agencies
to native municipal bodies.

Problem areas of Municipal Bodies

1. Disqualifications of members of Municipal Bodies follow in essence the

observe followed in state general assembly disqualifications. however since it's
ruled by the state general assembly UN agency will build laws relating to
constant,it is not consistent all told states which results in plenty of inequality and
non – security among members.

2. Election expenses and code of conduct to be higher regulated and a lot of

powers ought to be to the State commission to try and do constant.
3. The Municipal Councils/ Municipalities have restricted native autonomy as
compared to the Municipal Corporations; with a lot of pervasive state management
that usually climax in dissolution of the previous.

4. Lack of Finance thanks to reluctance of the state and central legislators not
needing to divest more taxation and grants powers to them quite what they have
already got for concern of loss of power. and also the municipal bodies concern
increasing tax or requesting new collection choices for loss of recognition among
folks.

5. native bodies area unit created by state governments and so will be dissolved
by them in addition if not recreation as per their tunes.

6. additionally to the higher than is that the drawing of rural folks and different
town folks to an area wherever there's speedy urbanization through industrial
enterprise. Law and order becomes tough to keep up, slums develop etc. resulting
in extra issues for these already stressed urban native governance bodies.

7. In spite of the many central and state committees sitting and recommending
higher money and body autonomy for the Municipal bodies, there has been no
concrete effort from the legislator’s facet to implement constant.

8. the ability currently appears to possess shifted from the state governments to
the money establishments, international donors and credit rating agencies. Finally,
the capability of the govt to get employment directly through anti-poverty
programs would stay restricted. therefore anti-poverty programs ought to primarily
be centered on provision of basic amenities.

9. Lack of consistent and coherent urban development policy, faulty and

improper urban coming up with as well as poor implementation and regulation area
unit massive challenges for municipalities.

10. Lack of correct observance system in situ leads to inefficient and improper
functioning of native Urban bodies.

Constitution (Seventy-fourth Amendment) Act Provisions

Constitution of Municipalities (namely, Municipal Corporation, Municipal
Council, and Nagar Panchayat) in each Indian State; ƒ

Constitution of Wards Committees at intervals the territorial space of a

municipality, to confirm people’s participation in civic affairs at the grass-roots
level; ƒ

Regular and truthful conduct of municipal Elections by statutorily planted State

Election Commissions; no provision for replacement of municipal governments for
quite half-dozen months; ƒ

Adequate illustration of weaker sections (i.e., regular Caste, regular Tribe,

Backward Class) of the society and ladies in municipal governments through
reservation of seats; ƒ

Specification by law, through the State Legislatures, of the powers (including

financial) and practical responsibilities to be entrusted to municipalities and wards
committees; ƒ

Constitution of State Finance Commissions, once in each five years, to review the
money position of municipalities and to create recommendations on the measures
required to boost their money position; ƒ

Constitution of a section coming up with Committee at the district level and a

Metropolitan coming up with Committee in metropolitan areas of each State, for
the preparation and consolidation of development plans.

Conclusion

Observer analysis Foundation beside the German International Cooperation

unionised a half-day conference discussion on November twenty five, 2014 in New
Delhi, titled “Municipal Governance: The Indian Narrative.”

In his gap remarks, Prof. P.S.N. Rao from the college of coming up with and
design, New Delhi, analysed the peculiar ways in which within which municipal
bodies perform. He enquired whether or not these bodies ought to be treated
because the nurseries of political democracy or as organs of state administration.
He determined that in most cases it's the state bureaucrats UN agency management
civic agencies, leading to constant erosion of the practical domain of those bodies,
no matter the 74th Constitutional modification Act that tried to send them.

Mr. Bikas Ranjan Bhattacharya, city manager of city Municipal Corporation, he

noted that in present time, despite being constitutionally authorized , India’s local
government lacks mechanisms to produce ample housing, healthcare, sanitation
and sustenance, for the most part thanks to a scarceness of funds, that it's able to
generate solely through capital levy and licence fees. Municipal governments
actually have their task cut out as they still witnesses the same inflow of
individuals moving from villages to the cities to earn a much better living, it had
been accessorial.

Prof. Chetan Vaidya, the Director of the college of coming up with and design in
New Delhi mentioned 3 completely different problems. First, he advocated for
associate modification to the 74th Constitution modification Act by manner of
together with a definitive list of resources for the native bodies which might
empower them to deliver services. Secondly, he advised for strengthening of space
Sabhas by empowering them financially. Finally, he supported unchanged slum
upgradation rather than full-fledged housing, because the former would be a lot of
useful to the folks, provided they're offered some technical support and access to
small finance, besides guiding them to upgrade their homes.

Mr. Ajay Suri, Regional consultant at Cities Alliance, New Delhi, raised
considerations relating to municipal governance, as he had witnessed no
improvement despite many makes an attempt been created to try and do therefore.
He finds nobody in-charge of the cities or anyone responsible to the voters for the
delivery of services. He advised that even before worrying concerning collection
shares, the basics got to be reworked by staring at the complete institutional, legal
and money framework of the local government.

He advocated for creation of associate urban forum in cities, almost like that of
Peer expertise and Reflective Learning Network (PEARL), which may influence
national or state policies on urban development whereas swing cities at the core of
coming up with.

Giving the closing remarks, Dr. Provincial capital Dubai, Head of the GIZ property
Urban surround Program, stressed on the necessity to bridge the divide between the
bureaucrats and also the Ministries, therefore on facilitate higher functioning of the
municipalities.

She insisted that, so as to reap the advantages of demographic dividend, Indian

government ought to facilitate the voice of the folks within the cities by creating
them a district of political method and dialogue, that ultimately impacts their way
of life.

Frequently Asked Questions

References
http://www.lse.ac.uk/asiaResearchCentre/_files/ARCWP19-Aijaz.pdf

https://www.orfonline.org/research/municipal-governance-the-indian-narrative/

https://www.civilsdaily.com/urban-local-government-composition-functions-
problems/

https://www.nipfp.org.in/media/pdf/books/BK_47/Chapters/3.%20%20Institutiona
l%20Aspects%20Of%20Urban%20Governance.pdf