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Review of The Implementation of 74th Constitutional Amendment Act A Case of Gujarat
Review of The Implementation of 74th Constitutional Amendment Act A Case of Gujarat
A Case of Gujarat
Presented by:
BACKGROUND
KERALA EXPERIENCE
IMPLEMENTATION IN GUJARAT
STUDY AREA
EMERGING ISSUES
POLICY OPTIONS
BACKGROUND
INDIA
Total Population : 1.03 billion
(2001)
Urban Population : 28% of total
population
Area : 3179012 sq.km.
Population Density : 324
persons/sq.km.
Total number of States : 35
and Union Territories
Total number of Districts : 593
Total number of Sub Districts: 5564
Total number of Urban : 384
Agglomerations
Total number of Towns : 5161
EMPOWERMENT OF LOCAL GOVERNMENT-THE
RISING NEED..
URBAN SECTOR GROWTH IN INDIA
% GROWTH
30
Projected urban population 410 million 25
20
2021(NIUA 2000) 5
0
1961 1971 1981 1991 2001
- How far have the states adopted the provisions of the 74th CAA?
- How has the ULB functioning mechanism been effected by this
amendment?
- Has the ULB been empowered with more powers, functions and
resources?
- Has this amendment contributed to greater efficiency and hence
greater development?Faculty of Planning and Public Policy, CEPT University, Ahmedaba
AIM OF THE STUDY
To review the implementation of the 74th CAA on the municipal bodies in
Gujarat and assess the impact of the amendment on the performance of the
urban local bodies.
LITERATURE
Review post amendment example
reforms ULB and their Discussions with KILA
Ongoing reforms in
Gujarat municipal
REVIEW
implications. officials,CEO
bodies
Broad Study of the & council member
implementation status of the Thripunithara
municipality
74th CAA –All India
STATE LEVEL IMPLEMENTATION ULB LEVEL CHECK-MUNICIPALITIES
CHECK GUJARAT OF BHARUCH DISTRICT
DATA ANALYSIS
Review of SFC reports and Municipal Budget documents and
State Finance Board reports income expenditure details 2001-
2006
Income expenditure details of Interview held with:
all municipalities in Gujarat •Chief executive officers,
1996-2006 •President of elected council,
•Secretary,
•Elected Council Members,
Interviews held with officials of
•Accounts Offices, Chief Engineer,
DOM, GMFB, and GUDM Internal Auditor, Town Planning & Urban
Development Officials.
REVIEW OF ONGOING
REFORM INITIATIVES
GAPS & ISSUE
IDENTIFICATION
RECOMMENDATIONS & CONCLUSIONS
74TH CAA….. AT A GLANCE
•Political stability
•Democratization
•Improved Decision Making Process At Local
Level
•Sustainable Human Development
•Adequate representation of weaker section of
society
•Enhanced People participation
•Improved service delivery
Faculty of Planning and Public Policy, CEPT University, Ahmedaba
KERALA EXPERIENCE
THE KERALA DECENTRALISATION EXPERIMENT-A CASE STUDY
Kerala has carried out certain pioneering reforms in the context of decentralized
governance.
The state transferred not only of functions and responsibilities, but also
the authority to carry them out, along with resources, both human and
financial.
Objectives of Kerala decentralization
• Improve the quality of investment by allocating resources for priorities
fixed locally
• Facilitate emergence of local solutions to developmental problems through
improved planning, better implementation, use of traditional knowledge and
appropriate technology etc
• Exploit local production possibilities;
• Enable people’s participation, leading to keener oversight in the execution
of schemes, followed by better upkeep of assets;
• Provide the enabling environment for people to make contributions in kind
and cash for development programs identified by them for priority action;
• Bring about a convergence of resources and services to tackle development
problems with greater vigor; and
• Unleash public action resulting in a demand-led improvement in the delivery
of developmental and welfare services
Unconventional & innovative strategy for the decentralization process
‘Peoples Planning Campaign’ –to set agenda for decentralization
‘Big Bang Approach’ to decentralized governance
16,000,000
URBAN POPULATION
1961 to 37.6% 2001 14,000,000
12,000,000
10,000,000
6,000,000
2,000,000
million(27.85%) 0
YEAR
40.00
35.00
PERCENTAGE
30.00
25.00
20.00
15.00
10.00
5.00
0.00
YEAR
•Gujarat per capita internal resource Rs.809.4 ranks third after Maharashtra and
Punjab.
•The cumulative tax income of all the municipalities in Gujarat (2002-2006) to total tax
revenues of the state ranges only 0.58 to .61 percent. Indicates the weak
contribution of local economy to the state, the main reason-the abolition of
Octroi in municipalities .
•Nearly 75 % of the tax income octroi income prior to its abolition. After octroi
abolition property tax forms the main source of internal revenue .Nearly 52
percent of the total tax income. Hence focus on property tax for raising revenues.
The octroi income substituted by octroi grant by the state government has increases
2nd SFC has been constituted on 19th November 2003. With tenure period of 2
years but extended further. The report awaits final approval.
Certain weak policy aspects of the 1st SFC recommendations that emerge are as
follows
25.00
% POPULATION
20.00
15.00
10.00
5.00
0.00
1961 1971 1981 1991 2001
YEAR
%SHARE OF URBAN POPULATION TO TOTAL POPULATION
jambusar
MUNICIPALITY CLASS TOTAL POPULATION AREA SQ.KM YEAR OF
ESTABLISHMENT
2.Mandatory 85 percent of
O& M cost recovery on
service proved by
ULB,moving towards 100
percent cost recovery
Urban planning including GOG Largely comes under the purview of the
town planning declared as town planning department.
fully
Regulation of land use and Land use as per the town planning
transferred.
construction of building schemes.
The discussions held reveals that the state government has direct and strong
control over the functioning of the local bodies in the following aspects
All the grants are in the form of tied grants wherein the grant is given for
specific purpose
Agenda of local priorities set by state .The concept of community involvement
lost .
User charges and taxes as decided by the urban local body requires prior
ratification. Faculty of Planning and Public Policy, CEPT University, Ahmedaba
EMERGING ISSUES…
High political intervention and lack of public participation
Elected body takes strong control over the most of the decisions of the
municipality.
Various committees that are formed completely comprise of the ruling party
members and the decisions are open for discussion only when the general body
meetings are held.( information received from elected body members,Bharuch
and Ankleswar
This reconfirms the need for capacity building to make the local government
more autonomous.
Ankleswar and Jambusar case reveals one year and two year back log
for the audit.
Lack of strict monitoring on level of adherence to the audit
recommendations ,hence remains neglected.
Accounting system needs to be transparent and budgetary documents
needs to be given public access
Double Entry process ongoing since one year (as per case studies)
Process needs to be accelerated.
Capacity Building of accounting staff to adopt new system is area of
concern.
Local body should function as autonomous units while state monitors the
process.
For increased autonomy the need arises to improve the financial resource
base & local level capacity building initiatives.
Separate nodal agency to be set up for continuous capacity building
initiatives
Improvement of Technical Competency
The recruitment process of technical staff at local level must be made rigid so
that the technical competency of the staff is ensured.
Focus should be on taxes that yield good revenue and efforts made to make the
tax collection system more water tight.
Solution would be by fixing the minimum user charges to be levied for various
services.
Cost Recovery for service delivery and thrust to cover at least the O&M
charges by GOG head in the right direction and need to be further
strengthened.
Well defined framework for the non political inclusion at grass root level so
that a common system could be followed and ensured throughout the state
Parallel service provider like private players would instill the sense of
competition and ensure best service
Land and Revenue (Agriculture) 35 percent of the recovery made during the previous year
Local cess on Land Revenue and After deduction of the recovery -expenditure 100 percent of the remaining
Water Rate amount
Education Cess 75 percent of 85 percent on the basis of percentage of recovery provided that the
responsibilty of the primary education is undertaken ,otherwise 5 percent of the
recovery to the urban local bodies
Entertainment Tax 50 percent of the income, though the amount is given as a contribution against
the scheme expenditure through the Municipal Finance Board.
Professional tax 50 percent of the amount collected from the are given a grant in lieu of the
professional tax.