Fwd: Lesson Political Science GE Paper Governance Issues and Challenges , BA ( Hons) IV SEM ,1.30pm,26.3.2020, Thursday, Dr Neelu Khanna
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Gaichamei Gangmei <[email protected]> Thu, 26 Mar 2020 at 9:25 am
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Subject: Fwd: Lesson Political Science GE Paper Governance Issues and Challenges , BA ( Hons) IV SEM ,1.30pm,26.3.2020, Thursday, Dr Neelu Khanna
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Chapter Local Governance : Democratic Decentralisation
Municipalities (Nagarpalikas)
Municipality is ”An urban district having corporate status and powers of self - government. The municipalities are established for administration of smaller towns and cities. Functions of a Municipal Committee are more or less same s those of a Municipal Corporation.
Municipalities has power and authority to enable them to function as institution of self - government. Municipalities prepare plans for economic development and social justice. Municipalities are assigned taxes, duties, tolls and fees levied and collected by the State Government.
The State Election Commission is responsible for superintendence, direction and control of the preparation of electoral rolls and the conduct of elections.
A Municipality has three main wings.
Firstly, the council is headed by a President who enjoys executive powers.
Secondly, Council is facilitated by the standing
committee to deal with taxation, health, finance, primary
health etc.
Thirdly, the chief municipal officer looks after day to day administration of the Municipality.
The obligatory functions are related to provision of basic infrastructure, health, safe, drinking water etc. while the discretionary functions are like, provisions of civic amenities like parks, gardens, playgrounds, slum improvement etc.
The resources of the Municipality are of following types : (1) Funds are raised by the Municipality from its own resources by :
(i) Taxation powers - A number of taxes, duties, tolls and fees are assigned to the municipalities like the property tax,
(ii) Municipalities owns various properties like, buildings which are leased out and rents collected to raise funds, and
(iii) In certain cases, the Municipalities collect
user/service charge like, on water supply or disposal of garbage that are beyond the provisions of infrastructure.
(2) Funds from borrowed sources: The Municipalities can procure loans from banks, financial institutions,
government etc. based on certain conditionalities like, by specifying the number of instalments in which loan has to be repaid, the interest to be charged on the loans and the security provided on the loans.
(3) Funds through grants-in-aid:
Grants-in-aid can be provided to Municipalities from the consolidated fund of the state. Other institutions or bodies can donate money. The grants could be ’capital grants’ for e.g. for creation of infrastructure or ’revenue grants’ for operational expenses like payment of salaries.
Nagar Panchayats
A Nagar Panchayat is constituted for a transitional area that is progressing from rural to urban, also known as Notified Area Committee or Town Area Committee.
A Notified Area Committee is created in areas that are rapidly developing as town but has not fulfilled all conditions for being municipality. It is called as Notified Area Committee for it is established by a notification in the government gazette.
It enjoys similar powers as Municipalities and all its members including the Chairman are nominated by the state government.
A Town Area Committee looks after administration of smaller towns. Being a semi - municipal authority, it has to carry out a number of civic functions like maintenance and construction of roads, street lights, drainage etc. A separate Act of the State Legislature governs its
composition, functions and other matters. The committee may be wholly elected or wholly nominated by the state government or partly elected or partly nominated.
Decentralization through 74th Constitutional Amendment Act, 1992
The 74th Constitutional Amendment Act, 1992 has provided more decentralized power and authority to Urban Local Bodies by giving them constitutional status.
The Twelfth Schedule of the Act suggests specific functions and responsibilities of Urban Local Bodies.
The basic features of the Act that are incorporated in Article 243, Part IX-A of the Indian Constitution are : (1) Urban Local bodies will be known as Municipal Corporation, Municipal Council and Nagar Panchayat depending on the population. They will be constituted by holding periodical elections based on the universal adult franchise in each notified urban area of the country;
(2) These will be constituted for a period of five years and if a municipality is dissolved for any reason it should be reconstituted within 6 months.
(3) Reservation of seats for SCs, STs and one - third of the local number of seats to be reserved for women.
(4) The bodies are empowered to formulate and implement schemes for economic development and social justice on eighteen subjects.
(5) The Legislature of a state may by law entrust on these bodies such power, authority and responsibility as may be necessary to enable them to function as institution of local self government.
The Twelfth Schedule has listed the following functions of the urban local bodies :
•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 purposes.
•Public health, sanitation, conservation and solid waste management.
•Fire services.
•Urban forestry protection of the environment and promotion of ecological aspects.
•Safeguarding the interests of the weaker sections of society, including the handicapped and mentally retarded.
• Slum improvement and up gradation. Urban poverty alleviation.
• Provision of urban amenities and facilities such as parks, gardens, playgrounds etc.
• Provision of cultural, educational and aesthetic aspects.
• Burials and burial grounds; cremations, cremation grounds and electric crematoriums.
• Cattle, ponds, prevention of cruelty to animals.
. Vital statistics including registration of births and deaths
• Public amenities including street lighting, parking lots, bus stops and public conveniences.
•Regulation of slaughter houses and tanneries.
(6) To enable local bodies to perform the functions assigned to them, the legislature of the state shall assign them sources of municipal finance including, specific taxes, duties tolls and levies and authorise them to impose collect and appropriate the same.
(7) The statutorily constituted Finance Commission constituted by the state shall review the financial position of the urban local bodies and recommend the principles which should govern the devolution of resources, including grant-in-aid from the consolidated fund of the state to three bodies.
(8) The superintendence, direction and control of the preparation of the electoral rolls for and the conduct of all elections to the urban local bodies shall vest in the State Election Commission.
(9) In each district a District Planning Committee shall be constituted to consolidate the plan prepared by the urban and rural local bodies as stipulated in Article 243 ZB of the Act.
(10)For metropolitan area, a Metropolitan Planning Committee shall be constituted to prepare a development plan for the metropolitan area as a whole according to Article 243ZD of the Act.
The 74th Constitutional Amendment Act empowers the ULBs to ensure smooth and efficient functioning and made these bodies as vibrant self governing institutions.
The 74th Amendment Act from the developmental perspective also aims to develop productive cities where livelihood opportunities are maximised for poor and poverty alleviation programmes are implemented to address the structural conditions of poverty.