URBAN LOCAL SELF GOVERNMENT

PREPARED BY A. ALLEN JOSEPH

1. INTRODUCTION

2. CONSTITUTION OF MUNICIPALITIES

3. COMPOSITION OF MUNICIPALITIES

4. FUNCTIONS OF MUNICIPALITIES

5. FINANCES OF MUNICIPALITIES

6. POWERS AND FUNCTIONS OF MUNICIPAL AUTHORITIES

7. GOVERNMENT CONTROL OVER MUNICIPALITIES

Presentation outline

URBANIZATION TRENDS

A.P. : FIFTH LARGEST STATE IN INDIA BOTH IN AREA AND POPULATION

6TH MAJOR URBANIZED STATE

TOTAL POPULATION OF AP AS PER 2011 CENSUS: 84.66 MILLIONS

URBAN POPULATION OF AP AS PER 2011 CENSUS : 29.75 MILLIONS

PERCENTAGE OF URBAN POPULATION TO TOTAL

POPULATION IN AP : 27.08

PERCENTAGE OF URBAN POPULATION TO TOTAL

POPULATION IN THE COUNTRY : 29.78

INCREASE IN URBAN POPULATION IN

AP FROM 1961-2001 : 62.00 LAKHS TO 205 LAKHS

PERCENTAGE OF GROWTH RATE FROM 1961-2001 : 230

Urbanization trends in India, as shown in Table 1, indicate the growth of its urban population and the number of urban centres.Table 1Growth of urban population in India, 1901-2001

Census No. of towns Total urban population (million)

Level of urbanization (per cent)

Decadal growth of urban population (%)

1901 1811 25.6 11.0 -1911 1754 25.6 10.4 0.01921 1894 27.7 11.3 8021931 2017 33.0 12.2 19.11941 2190 43.6 14.1 32.11951 2795 61.6 17.6 41.31961 2270 77.6 18.3 26.01971 2476 107.0 20.2 37.91981 3245 156.2 23.7 46.01991 3609 212.9 26.1 36.32001 5161 286.1 27.8 34.4Source: Census of India 1991,2001.

Table 2Level of urbanization in five major urbanized states in India

(per cent of total population)

State 1951 1961 1971 1981 1991 2001

Tamil Nadu 24.4 26.7 30.3 33.0 34.2 43.86

Maharashtra 28.8 28.2 31.2 35.0 38.7 42.40

Gujarat 27.2 25.8 28.1 31.1 41.0 37.35

Karnataka 22.9 22.3 24.3 28.9 30.9 33.98

Punjab 21.7 23.1 23.7 27.7 29.7 33.95

Source: Census of India.

Evolution of Local-self Government in India

1. Municipal Bodies have a long history in India2. First Municipal Corporation was constituted for Madras city in

the year 16883. Later on, Municipal Corporations of Bombay and Calcutta were

constituted in the year 1726

Constitution of Municipalities

i. The Constitution of India (through 74th Amendment) provides for three types of municipalities with constitutional statusa. A Nagar Panchayat for a transitional

area, that is to say, an area in transition from rural to urban

b. A Municipal Council for a smaller urban area

c. A Municipal Corporation for a larger urban area

Main Criteria for constitution of Urban Local Bodies

Population Nagar Panchayat : 20,000 to 40,000Municipality : Above 40,000

upto 3.00 lakhsMunicipal Corp. : 3.00 lakhs and

above

Gradation of Municipalities

Third Grade Municipality Annual income of more than one crore or less than two crores of rupees

Second Grade Municipality Annual income of more than two crores and less than four crores of rupees

First Grade Municipality Annual income of more than four crores and less than six crores of rupees

Special Grade Municipality Annual income of more than six crores and less than eight crores of rupees

Selection Grade Municipality Annual income of more than eight crores of rupees and above

Urban local-self Government in A.P.

First Municipality was constituted in A.P. for Bhimunipatnam in the year 1851Municipal Corporations : 16Municipalities : 102Nagar Panchayats : 6

Total : 124

Composition of ULBs

Criteria for fixation of strength : PopulationStrength of ULBsNagar Panchayats /Municipalities : 21 to 45 membersMunicipal Corporations : 50 to 150 members MPs, MLAs, MLCs are Ex-officio members

Municipal Authorities

A CouncilA ChairpersonA CommissionerA Ward Committee

Municipal Authorities

A CouncilA ChairpersonA CommissionerA Ward Committee

Division of Nagarpanchayats & Municipalities into wards

• Municipality / Nagar panchayat divided into as many single member wards as the number of elected members.

• Electoral Rolls: The electoral Roll for Assembly Constituency shall be adopted as Electoral Roll for the Municipality.

Election of Ward Members

i. Voters in each ward elect a memberii. There is a provision of reservation

a. SCs and STs: As per the proportion of the population of SCs and STs to the total population

b. BCs: One-third of the total members.c. Women: one half of the total members including one

half of the reserved for SCs, STs and BCsiii. Reservation is by rotation

Election of Chairperson

i. All ward members elect one of its elected members as Chairperson.

ii. Ex-officio members also participate.iii. There is provision for reservation.

a. SCs and STs: As per the proportion of the population of SCs and STs in all municipalities to the total population in all municipalities

b. BCs: One-third of the total number of Chairpersons in the State.

c. Women: One half of the total number of Chairpersons including one half of the reserved for SCs, STs and BCs

iv. Rotation in reservation.

Conduct of Elections

• State Election Commission supervises the conduct of municipal elections.

• Commissioner & Director of Municipal Administration is the Election Authority (appointed by SEC).

• District Collector is the District Election Authority (appointed by SEC).

Term of the Council

• Chairperson and Elected Councilors : Five years from the date of first meeting of the Council.

Elections on party basis

• The election to the office of Chairperson and ward members shall be conducted on party basis

Meetings of Municipal Council

• Council shall meet at least once in every month

• Agenda for the meeting shall be prepared by the Commissioner in consultation with Chairperson.

• Minutes of the proceedings at each meeting shall be entered in minutes book and signed by the Chairperson.

Functions of Municipalities

1. Cleaning of streets, drains, removal of rubbish, scavenging and solid waste management

2. Supply of protected water3. Construction and maintenance of roads, bridges, cause

ways and culverts4. Construction and maintenance of storm water and swage

water drains5. Lighting of public streets (Street lighting)6. Town planning – Zones and Building Regulations7. Construction and maintenance of buildings8. Public Health, control of malaria and other epidemic

diseases.9. Prevention of Food Adulteration

Contd..

10. Maintenance of hospitals, maternity and child welfare

centers, dispensaries

11. Maintenance of Elementary & Secondary Schools

12. Registration of births and deaths

13. Provision of slaughter houses and markets

14. Maintenance of parks and play grounds

15. Slum improvement and Urban poverty alleviation

16. Implementation of urban development schemes

17. Maintenance of burial grounds

18. Urban forestry

Finances of Municipalities

Main sources of Income :Taxes :i. Property Taxii. Advertisement Taxiii. Government have taken over levy and collection of

Profession Tax from 1987-88 and paying compensation to the ULBs

Non-Taxes

i. Water Chargesii. Fee from Markets and Slaughter Housesiii. Rents from Commercial Complexes iv. Building License Feev. Trade License Feevi. Betterment and development charges vii. Encroachment Feeviii. Contributions towards water supply connections

Assigned Revenues

i. Entertainment Tax : 90% of Entertainment Tax collected by Commercial Tax Department is assigned to ULBs on quarterly basis.

ii. Surcharge on stamp duty : Surcharge on Stamp Duty is levied @ 2% of the value of the instrument by Registration Department and 100% of the Surcharge on Stamp Duty is allocated to ULBs on quarterly basis

Non-Plan Grants

i. Grants under 13th Finance Commissionii. SFC Grants

Plan Grants

i. Jawaharlal Nehru National Urban Renewal Mission ii. (UI&G, BSUP, UIDSSMT, IHSDP, )iii. APMDP – World Bank Projectiv. Swarna Jayanthi Shahari Rozagar Yojana v. Indira Kranthi Padham (Urban)vi. Rajiv Nagar Baata vii. Environmental Improvement in Urban Slums viii. Municipal internal roadsix. Assistance for Pavalavaddi Schemex. Assistance to New Municipalities for developmental worksxi. Indiramma Programme for Water Supply, ILCSxii. Indiramma Programme for Infrastructurexiii. Provision of basic facilities in Municipal Schoolsxiv. Fencing of parks and playgrounds in ULBsxv. Grants under Backward regions grant fund

Heads of Departments

1. Commissioner & Director of Municipal Administration2. Engineer-in-Chief (Public Health)3. Director of Town & Country Planning4. APUFIDC5. MEPMA

Payment of salaries through Treasuries

i. Salaries and pensions of Municipal employees including municipal teachers are paid through Treasuries from 1-4-2013.

ii. Statutory and non-statutory grants are forgone by the municipalities.

Powers and functions of Municipal Authorities

Council Powers

i. Administration vests in the Council

ii. All public streets vests in the Council

iii. All vacant lands of Government shall vest in the Council

iv. Sanction of works both original and maintenance

v. Sanction for purchase of all categories of materials

vi. Approval for acceptance of Tenders excluding tenders to be settled by the Contract Committee

Approval of lay-outsviii. Permission for construction of factories / workshopsix. Lease of lands, shop rooms, buildings.x. Fixation of fees for use of markets, for all licenses and

permissions granted under the Act

Role of District Collector in Municipal Administration

• Competent to suspend a resolution, order, license, permission or act of Municipal authorities.

• Competent to call for any document from Municipal Commissioner.

• Powers of inspection of any work or immovable property.• In cases of emergency direct the execution of any work

necessary for the safety of the public.

Municipal Authorities

1. Corporation 2. Standing Committee3. Commissioner

Powers of Commissioner to sanction estimates for works

1. Andhra Pradesh - upto Rs. 20.00 lakhs

2. Karnataka - upto Rs. 30.00 lakhs

3. Tamilnadu - upto Rs. 10.00 lakhs

4. Kerala - No provision in the Act

5. Maharastra - upto Rs. 10.00 lakhs

Major problems faced by ULBs

i. Poor Governance

ii. Lack of sufficient financial resources

iii. Poor performance in solid waste management

iv. Inadequate drinking water supply

v. Environmental degradation

vi. Urban poverty

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