The Necessity Of Urban Local Government Essay

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Asia Research Centre Working Paper 19

Challenges
for Urban Local Governments
in India

Written by

Rumi Aijaz
Rumi Aijaz was Visiting Research Fellow at Asia Research Centre in 2006.
E-mail: [email protected]

A section of this working paper has been accepted for publication in a forthcoming issue of the Journal of Asian and African Studies, by Sage Publications Ltd.

Copyright © Rumi Aijaz, 2007
All rights reserved. Apart from any fair dealing for the purpose of research or private study, or criticism or review, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior permission in writing of the publisher nor be issued to the public or circulated in any form other than that in which it is published. Requests for permission to reproduce this Working Paper or any part thereof should be sent to the author, and to the editor at the address below: Asia Research Centre (ARC)

London School of Economics & Political Science
Houghton Street
London WC2A 2AE
www.lse.ac.uk/collections/asiaResearchCentre

Abstract

Urban local government institutions/municipalities are constituted for the maintenance and planned development of urban areas. The objective is to ensure that suitable levels of infrastructure and services are available to the citizens. In many parts of India, the quality of life in urban areas is miserable and the citizens lead a difficult life. To overcome this problem, a series of reforms have been initiated by the Indian government to strengthen local-level governance. The main purpose of this working paper is to describe the major issues of governance at the local level and to identify some important challenges for urban local government institutions in India in the light of recent urban sector reforms. This assessment is based on data collected from six urban centres situated in three northern/north-western states (namely Haryana, Rajasthan and Uttaranchal) of India on key urban local government characteristics – constitution and governance, duties, composition, management and finance practices, state/local-level initiatives and problems. The findings of this study show that urban local governments in India continue to remain plagued by numerous problems, which affect their performance in the efficient discharge of their duties. These problems relate to the extent of participation and rule of law in the municipal decisionmaking process, transparency in the planning and implementation of infrastructure projects, and level of efficiency in various municipal management and finance practices. It is concluded that fresh thinking is necessary to resolve the problems confronting urban local governments in India.

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Table of Contents

Research Outline

Introduction
The progress of an area depends to a large extent upon the availability of suitable infrastructure and services. There are many developing countries in the world where service levels in urban areas are much below the standards and the citizens lead a difficult life. It is obvious that such conditions also affect adversely the productivity of urban areas. Much of the blame for the prevailing situation goes to the local government institutions, which are the main actors in the governance process at the local level. This is due to the fact that urban local governments (also known as municipalities), on the one hand, recover costs incurred in service provision by levying a variety of taxes and non-taxes, and on the other, fail to meet the expectations of the citizens. Research Context

Local governments are unable to perform well due to various reasons. Therefore, an important area requiring urgent research is the “Challenges for Urban Local Governments”. There are a number of issues concerning local governments that have not been highlighted adequately in the literature.

This research has relevance to the on-going work on ‘governance’.1 A review of literature on governance reveals that extensive research is under way to evolve suitable criteria and methodology for achieving ‘good governance’.2 This is due to the realisation that a significant reason for the poor quality of life in urban areas of developing countries is poor urban governance. In a number of countries, including India, national and regional campaigns on urban governance are being implemented to translate good governance principles into practice. 3 However, there is evidence to show that the reach and impact of such campaigns is limited and there are still a large number of municipalities in India that have not benefited. The same is observed in respect of the Centre and State government supported programmes. This shows that despite numerous efforts, several municipalities in India continue to remain plagued by a number of problems, which affect their performance adversely. This research is, therefore, based on the hypothesis that there exist various local-level problems of governance that hinder the quality of life in urban areas.

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Research Questions
This study focuses on the functioning of a select number of urban local governments in India, and attempts to address the following two basic research questions: Which components should be reviewed to understand the form of an urban local government? What are the major issues of governance at the municipal/local-level? Scope and Limitations of Research

Urban local government is a vast subject. In this study, the form of an urban local government is understood on the basis of a limited number of components, which are listed below. Constitution and governance

Duties/functions
Composition/staff
Conduct of business, i.e., municipal management and finance practices State/Local initiatives/reforms
Problems
Most municipalities in India do not have sufficient resources and technology to collect desegregated town-level data and maintain a database. Hence, data on various municipal aspects and performance parameters is difficult to collect. For example, reliable data on the proportion of population served by water supply; houses connected with underground sewer facility; proportion of solid waste collected and disposed daily; etc., are generally not maintained. Progress reports containing information on the activities carried out by the different committees/sub-committees constituted by a municipality are prepared from time to time for the higher levels of government. The information contained in these reports is generally not shared with people not affiliated to the municipality. Due to the existence of a highly bureaucratic set up and the non-availability of published information/reports at the local-level, collection of data for this study has proved to be a difficult task for this researcher. Sometimes, the municipal staffs are not willing to share information due to the habit of non-cooperation with others; at other times, they require written orders from the senior most municipal official, which caused unnecessary delays. Although the senior most officials in municipalities are most cooperative, the sub-ordinate staffs, in general, follow an altogether different work style. In this situation, the researcher has relied greatly on the feedback and cooperation received from staff with a positive attitude.

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Data Base and Research Methodology
As is the approach followed in most social science research, this study is based on data collected from both secondary and primary sources. Publications of the Government of India, the State Government, and other publications have been reviewed. Important among these are the: State Municipal Acts, that contain information on legal provisions for municipalities; and the State Finance Commission Reports, which describe the municipal finance practices and the financial performance of municipalities at different time periods. Data maintained by the municipalities on various administrative and financial matters have been collected through field visits. A complete referencing of the various documents reviewed in the preparation of this study is provided at the end of this paper.

Field visits to a select number of towns/cities have been undertaken and interviews have been held with a select number of elected representatives and appointed officials/staff of municipalities during the period October to December 2005. The purpose of this visit was to gain knowledge on practices followed in the discharge of their duties as well as the problems experienced by the municipal functionaries. Appendix 1 provides details of some persons met and interviewed during field visits.

A total of six towns/cities from three northern/north-western States of India, i.e., two from each State, have been selected for this study. Their names and the States in which they are situated are given below in Table 1.1.

Table 1.1: The Case Studies
S. No.
1

Haryana

Name of State

Rajasthan

Name of Town/City
a. Bahadurgarh
b. Gurgaon
a. Alwar
b. Bharatpur
a. Mussoorie
b. Nainital

Uttaranchal

The towns listed in Table 1.1 have been randomly selected. In this regard, the following points may, however, be mentioned.
Medium-sized towns/cities, which are mainly dependent on support from higher levels of government, have been selected. There are some large urban centres in India that are better

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governed. One reason for this is the concentration of activities, which has lead to the availability of more resources, and participation of a mix of actors from the government, community and the private sector in the governance process. On the other hand, the condition in most medium-sized towns is depressing and the local governments of these towns have not been able to provide the desired level of services due to various reasons. This study is, therefore, concerned with the problems faced by local governments existing in such towns.

Two towns each from three different States of the country have been selected. The purpose is to capture the differences in the governance practices within and among States. It may also be mentioned here that towns selected from the States of Haryana and Rajasthan are situated in a semi-arid region, whereas those selected from the State of Uttaranchal are hill towns. Organisation of the Paper

This paper is divided into six sections. The first section presents the research outline – context, questions, scope, limitations, database and research methodology. An overview of the prevailing form of urban local government in India is described in the second section. This assessment is based on a review of literature on key urban local government characteristics – legal, managerial, financial, etc. The third, fourth and fifth sections focus on the functioning of six urban local governments selected for this study and attempt to highlight the major issues of governance at the municipal/local level. In the concluding section, the key challenges for urban local governments in India are discussed.

At the end of the paper, the following information is provided: (a) Appendix 1 – Details of persons met and interviewed during the course of this research; (b) Appendix 2 – A comparative table showing key urban local government characteristics in the selected towns; (c) Abbreviations; and (d) References used in this research.

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II. Form of Urban Local Government in India
In India, numerous initiatives have been undertaken to strengthen local governments and to improve service levels in urban areas. Important among these are the enactment of a set of constitutional provisions, implementation of numerous urban development programs and adoption of various innovative practices.

In this section, the form of urban local governments is described in the light of recent urban sector reforms. There are eight sub-sections in this section. The first sub-section provides a brief overview of the evolution of municipalities in India from the ancient times to the present period. In the subsequent sub-sections, the following key aspects relating to municipalities have been described: typology and constitution; legislation; duties; composition; management and finance practices. The concluding sub-section sums up the initiatives taken to improve the conditions at the local level.

Evolution of Municipalities
Historical records provide evidence of the existence of organised urban life in India since the ancient period. An officer was appointed to perform various functions related to city administration. Subsequently, local institutions were constituted. As centres of prominence grew, their management became difficult. A number of problems confronting local governments began to emerge, such as excessive official control, narrow franchise, meagre resources, lack of education and training, shortage of capable and committed persons, and inadequate control of local bodies over services. 4 A need was felt to strengthen the local government institutions that would look after the day-to-day civic affairs in an efficient manner. A number of steps were taken from time to time in an attempt to reform local governments – decentralisation of authority, powers, functions and funds to lower levels of government; democratisation of local governments; providing greater autonomy; granting constitutional status; amendments in municipal Acts; etc. (Table 2.1). During the period of reforms, issues related to sharing of power between the officials and non-officials affiliated to the local government emerged prominently. A major achievement of the Indian Government in their endeavour to strengthen urban local governments is the enactment of the Constitution (seventy-fourth amendment) Act during the year 1992.5 The Act provides for initiating reforms in the constitution, composition and functioning of urban local governments (Box 2.1) and empowers State governments to amend their municipal Acts accordingly.6 Since the enactment of the Act, most State governments in India have carried out

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the legislative reforms at local government level. In recent times, several attempts have been made to assess the impact of the seventy-fourth amendment Act provisions.

Table 2.1: Evolution of Municipalities in India
Time Period
2300-1750 BC
(Indus Valley
Civilisation)
Post-Mauryan

Developments
Evidence of organised urban life – wide streets, market places, public offices, community baths, drainage and sewerage system
Appointment of a chief executive officer to perform various functions related to city administration; responsible for city’s sanitation, which included maintenance of drainage system and cleanliness of roads

Towns administered by a council
Provision of having elected administrative officers
Municipal administration vested in kotwal, who was the city governor possessing powers and duties of the chief of city police, magistrate and prefect of municipal administration Anarchy and military feudalism in most parts of the country

Local institutions perverted or weakened

320-540 AD
(Gupta)
1526-1707 AD
(Mughal)
Between
disintegration of
Mughal Empire
and advent of the
British
1642

Sir Josia Child obtains a Charter from the British Monarch, James II, to set up a corporation at Madras
A royal Charter issued for establishing a mayor’s court in each of the three presidency towns of Madras, Bombay and Calcutta7
Governor-General in council empowered to appoint justices of peace for the presidency towns from among civilians and the British subjects, who were vested with the authority to impose taxes on houses and lands to provide for the sanitation of towns By a Charter Act, the British establish local institutions in Bombay, Calcutta and Madras Act passed to permit formation of local committees to make better provisions for public health and convenience; Act provided for levy of indirect taxes to which people were accustomed

Local institutions in urban areas did not make much progress and were confined to about 20 towns
People had no opportunity to participate in the functioning of these institutions Royal Army Sanitation Commission point out the fast deteriorating sanitary condition of towns all over the country

Government of India pass several municipal Acts for various provinces authorising governors to order the formation of a municipality in any urban area Lord Mayo’s resolution released; provided for decentralisation of administration from the centre to the provinces; emphasised the idea of increased association of Indians in administration; indicated extension of municipal self government; encouraged the general application of the principle of election

Municipal Acts passed to enlarge municipal powers, extend election system and introduce the system of local finance, but the provision was little applied in practice as the district officers in those days were not sympathetic to the idea of extension of the elective principle Municipalities established in every town of importance. However, these municipal bodies were completely under the control of the district magistrate and the town people were associated only for raising funds for the maintenance of police, conservancy and road repairs

Social and economic changes experienced by the Indian society Educated Indians demand more political rights and greater share in administration and public services
Principle of local self-government put into practice only in the cities of Calcutta and Bombay and in a few of the towns of Central Provinces and North Western Provinces. Elsewhere, although a framework of local administration and local taxation existed, control was firmly in the hands of the servants of the government

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After 1870 and up
to 1880

1870

Up to 1863

1850

1793

1720

Y
f

Developments
Lord Ripon’s resolution released; advocated for establishment of a network of local selfgovernment institutions; reduction of the official element of not more than a third of the total membership; a large measure of financial decentralisation; adoption of election as a means of constituting local bodies

Municipal Acts passed; However, Lord Ripon’s reforms achieved little success, since they were considered too radical
Functioning of local governments for several years had some positive results. Presidency towns attain a system of responsible government. Under the Bombay City Municipal Corporation Act, 1888, the city council of Bombay was constituted of a majority of elected and nominated members. A ‘standing committee’ of the council, which had an elected chairman, was also formed to undertake the major portion of the work of the council Royal Commission on Decentralisation set up to enquire into the financial and administrative relations of the Government of India and the provincial governments and subordinate authorities

Commission recommendations similar to Lord Ripon’s proposals Municipal Acts of several provinces amended, but no real progress achieved Local self government continued to be one of the functions of the district officer National movement for independence gains momentum

1917 Declaration released: associate Indians in every branch of administration; gradual development of self-governing institutions
Montague-Chelmsford reforms introduced to make local self government representative and responsible
Government of India Act, 1919 enacted; responsibility for local government transferred from the hands of the district officers to a department controlled by a popular minister; franchise for election to local bodies substantially widened. In some provinces, the municipal bodies were given the power to raise or lower rates of taxes within the statutory limits. The popular ministers of provincial governments proceeded to establish elected councils and gave executive authority to the elected chairman Laws governing local bodies enacted during the period 1917 to 1937 fail to prescribe an effective system for day-to-day management of municipal affairs; hardly any attention paid to the question of administrative efficiency and fixation of responsibility for the proper performance of municipal functions

Transfer of power from official hands resulted in inefficiency Several municipalities superseded on the charges of corruption and inefficiency India attains independence in 1947
New constitution prepared; contained provisions for rural settlements only; a reference to urban local government observed only in two entries: (a) Entry 58 List II of the Seventh Schedule (the State List); and (b) Entry 209 of List III (Concurrent List) Constitution places local government, including urban local government, within the legislative competence of the States

In the absence of constitutional recognition and clear statutory delineation of their powers, functions and resources, urban local governments remain neglected; only few changes made in their structure and functioning

Numerous committees and commissions appointed by the Central and State Governments to study the functioning of urban local governments and to give recommendations for their improvement
Numerous seminars and conferences convened on various topics concerning urban local governments
Central Council of Local Self-Government set up in 1954 to examine the problems of urban local governments
Responsibility of urban local government transferred from one ministry to the other, namely Ministry of Health; Ministry of Works, Housing and Urban Development (1966); Ministry of Health, Family Planning, Works, Housing and Urban Development (1967); Ministry of Works and Housing (1973)

Ministry of Urban Development established; assisted by several departments National Commission on Urbanisation set up to assess problems caused by urbanisation and to suggest measures to combat this phenomenon

Attempt to introduce the Constitution (63rd Amendment) Bill; also known as Nagarpalika (Municipality) Bill; contained provisions for strengthening of urban local governments

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1989

1985

Since 1949

1950

Up to 1947

1914-1919

1907

1888

Time Period
1882

Y
f

Time Period

Developments
Bill defeated in the parliament by a narrow margin of three votes 1991
Bill [named Constitution (73rd Amendment) Bill] introduced again by the Government Bill rejected and described as an encroachment on the rights of State governments 1992
Constitution (74th Amendment) Act finally accepted and enacted; contains provisions for (a) constitution of a uniform typology of municipalities; (b) composition of municipalities; (c) constitution and composition of wards committees; (d) elections and reservation of seats; (e) duration of municipalities; (f) powers, authority and responsibilities of municipalities; (g) constitution of state finance commissions, committees for district planning and metropolitan planning

Since 1992
Most State municipal Acts amended
Reforms underway in the structure and functioning of urban local governments Source: Report of the Committee of Ministers Constituted by the Central Council of Local Self Government (1963); Government of India (1966); Sachdeva, Pardeep (1993); Constitutional Provisions Relating to Village Panchayats and Municipalities in India (1999).

Box 2.1: Constitution (Seventy-fourth Amendment) Act Provisions Constitution of Municipalities (namely, Municipal Corporation, Municipal Council, and Nagar Panchayat) in every Indian State;
Constitution of Wards Committees within the territorial area of a municipality, to ensure people’s participation in civic affairs at the grass-roots level;
Regular and fair conduct of municipal Elections by statutorily constituted State Election Commissions; no provision for supersession of municipal governments for more than 6 months; Adequate representation of weaker sections (i.e., Scheduled Caste, Scheduled Tribe, Backward Class) of the society and women in municipal governments through reservation of seats; Specification by law, through the State Legislatures, of the powers (including financial) and functional responsibilities to be entrusted to municipalities and wards committees; Constitution of State Finance Commissions, once in every 5 years, to review the financial position of municipalities and to make recommendations on the measures needed to improve their financial position;

Constitution of a District Planning Committee at the district level and a Metropolitan Planning Committee in metropolitan areas of every State, for the preparation and consolidation of development plans.

Source: Constitutional Provisions Relating to Village Panchayats and Municipalities in India (1999).

Typology and Constitution of Municipalities
A typology of municipalities exists in the different States of India. This is due to the varied character of urban areas. Before 1992, State governments were empowered to constitute four different types of municipalities, namely municipal corporations, municipal committees/councils10, notified area committees and town area committees. Thereafter, the seventy-fourth amendment Act was enacted which provides for three types of municipalities – municipal corporations, municipal councils and nagar panchayats (Figure 2.1) – and most state governments classified local governments falling within their jurisdiction as per the revised scheme.11 Notified area committees and town area committees have been reconstituted as nagar panchayats. The attempt of the central government is to establish a uniform classification of municipalities throughout the country, which is based on the principles of democracy. Though all urban local governments have common

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objectives and somewhat identical characteristics, the method of their constitution in the extent of delegated functions, powers and resources available to them lends a distinct status to each category of local government (Table 2.2).

Figure 2.1: Changes in Typology of Municipalities
Earlier Typology
(Before 1992)
Municipal Corporation
Municipal
Committee/Council
Notified Area Committee
Town Area Committee

Current Typology
(After 1992)
Municipal Corporation
Municipal Council
Nagar Panchayat (Town
Council)

Table 2.2: Main Characteristics of Urban Local Governments
Type of Municipality

Rationale for Constitution and Brief Characteristics
Before 1992
After 1992
Municipal Corporation
Established in metropolitan areas or big cities
Constituted in “large urban
areas”*
Wider functions and larger powers than councils,
enjoy more autonomy and have larger revenue
resources
Separation of deliberative from executive functions
and vesting of all executive powers in an appointed
authority who is independent of the elected body
Municipal
Constituted in “small urban
Most popular form of local government in urban
Committee/Council
areas
areas”*
Set up in cities and large towns
Extent of State control is relatively larger than
corporations
Nagar Panchayat
Constituted after 1992
Constituted in “areas in
transition from rural to
urban”*
Notified Area Committee
Set up by State government in medium and small
Abolished
towns
Created for areas which do not fulfil conditions for
constitution of councils but are otherwise
important
Also created for newly developing towns or areas
where industries are being established
All members including chairman are nominated by
State government and not elected
Town Area Committee
Semi-municipal authority constituted for small
Abolished
towns
Members are either wholly nominated or wholly
elected, or partly nominated and partly elected
Source: Report of the Committee of Ministers Constituted by the Central Council of Local Self Government (1963); Government of India (1966); Sachdeva, Pardeep (1993); Constitutional Provisions Relating to Village Panchayats and Municipalities in India (1999).

Note:
*A “large urban area”, a “small urban area” and a “transitional area” are defined as such area “as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance of such other factors as the Governor may deem fit, specify by public notification” (Constitutional Provisions Relating to Village Panchayats and Municipalities in India, 1999).

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The number of municipalities (i.e., municipal corporations, municipal councils and nagar panchayats) differs from State to State. It is obvious that States with a large number of urban areas have a higher number of municipalities. There are some States where municipal corporations and/or nagar panchayats do not exist. This is due to the fact that the urban areas in such States do not fulfil the conditions for the constitution of a particular type of local government. Municipalities are constituted by the State government, which specifies the class to which a municipality shall belong in accordance with the provisions of the municipal Act. For this purpose, size of the urban population is the main criterion. However, in some States consideration is also given to other criteria, such as location of the urban area and the per capita income (Table 2.3).

Table 2.3: Criteria for Constitution of Municipalities in States Selected for Study Name of
State

Type of Municipality and Criteria
Nagar Panchayat12
Municipal Council

Municipal
Corporation
Population of
300,000 or more

Haryana
Rajasthan

Population of more
than 50,000 and not
exceeding 500,000
Population of more
than 100,000 and not
exceeding 500,000

Population of
500,000 or more

Population of not more than 50,000
Class II: Located at District Headquarter;
population of 50,000 or more and not exceeding
100,000; per capita income of Rs. 200 or more
Class III: Population of 25,000 or more and not
exceeding 50,000; population of less than 25,000
and per capita income of Rs. 150
Class IV: Population of less than 25,000
Not specified

Uttaranchal

Information not
Not specified
available
Source: Municipal Law in Rajasthan, Vol. II (2005: 549-50); The Haryana Municipal Act, 1973 (2005: 47); United Provinces Municipalities Act, 1916 (2004).
Note: In Rajasthan, Nagar Panchayats (also known as Municipal Boards) have been further classified as Class II, III, and IV municipalities; Municipal Corporations and Municipal Councils are referred to as Class I municipalities.

Municipal Legislation
Urban local governments are governed by the provisions of the State municipal Acts.13 Every State has its own municipal Act. The State legislature is empowered by the central government to decide on the structure, functions and powers to be entrusted to the local governments. 14 Although the content and format of various State municipal Acts is more or less uniform, there are striking differences in the provisions for devolution of powers, functions and funds to local governments since this is determined by the condition of both the State and the local government. The system is regulated by enactments passed from time to time by State legislatures. Furthermore, municipalities possess powers to draft local byelaws on various provisions for the

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furtherance of municipal administration. This is due to the fact that each urban area has its own distinct character. The byelaws are sent to the State legislature for approval. The municipal Act is, therefore, a comprehensive guiding legal document for the local government officials and the elected representatives, and byelaws are framed to further 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.

Duties of Municipalities
The basic objective of an urban local government has changed from the maintenance of law and order in the early years to the promotion of the welfare of the community in recent times. The State municipal Acts provide an exhaustive list of functions, which are classified into obligatory and optional or discretionary functions.17 The former have to be necessarily performed by the local government and for which sufficient provision in the budget has to be made. Failure to perform any of these functions may compel the State government to supersede a municipality. Discretionary functions may be taken up depending upon the availability of funds. Municipal functions listed in the State municipal Acts generally fall in the following broad categories: (a) public health and sanitation; (b) medical relief; (c) public works; (d) education; (e) development; and (f) administrative (Table 2.4).

Table 2.4: Functions of Urban Local Governments
Category
Public Health and
Sanitation
Medical Relief
Public Works

Description
Water supply, public vaccination, control of diseases, prevention of pollution, collection & disposal of rubbish, maintenance of sewers, etc. 2
Establishment & maintenance of health institutions, etc.
3
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, drinking water 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. Source: Government of India (1966: 20-23); Municipal Acts of various States. Note: Some of the important obligatory functions of urban local governments are listed in the table.

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Furthermore, the seventy-fourth amendment Act, 1992 provides that State legislatures may endow municipalities with 18 functions (Box 2.2). Whereas many of these functions (such as urban planning, water supply, sanitation, slum improvement, etc.) were already listed in the municipal Acts of most States, certain new functions have been included, namely planning for economic and social development; urban forestry, protection of the environment and promotion of ecological aspects; safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded; urban poverty alleviation; and promotion of cultural, educational and aesthetic aspects. It is understood that the listing of the 18 functions has been done to ensure that State governments give priority to at least those functions that are of importance to every urban area. In most State municipal Acts, the list of 18 functions has been inserted.

Box 2.2: Powers, Authority and Responsibilities of Municipalities (Article 243 – W) Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow – (a)
the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to:

(i)
the preparation of plans for economic development and social justice; (ii)
the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule; (b)
the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

Twelfth Schedule
1. Urban planning, including town planning;
2. Regulation of land-use and construction of buildings;
3. Planning for economic and social development;
4. Roads and bridges;
5. Water supply for domestic, industrial and commercial purposes; 6. Public health, sanitation, conservancy and solid waste management; 7. Fire services;
8. Urban forestry, protection of the environment and promotion of ecological aspects; 9. Safeguarding the interests of weaker sections of society, including the handicapped & mentally retarded;
10. Slum improvement and upgradation;
11. Urban poverty alleviation;
12. Provision of urban amenities and facilities, such as parks, gardens, playgrounds; 13. Promotion of cultural, educational and aesthetic aspects; 14. Burials and burial grounds; cremations, cremation grounds and electric crematoriums; 15. Cattle pounds; prevention of cruelty to animals;

16. Vital statistics, including registration of births and deaths; 17. Public amenities, including street lighting, parking lots, bus stops and public conveniences; and 18. Regulation of slaughterhouses and tanneries.

Source: Constitutional Provisions Relating to Village Panchayats and Municipalities in India (1999: 13-14; 1819).

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Composition of Municipalities
There have been significant changes in the composition of municipalities since their constitution. In the ancient period, municipal administration was in the hands of the ruling class or the ruling government and their subordinate offices and departments. Urban citizens were not happy with the prevailing ‘centralised approach’, which was characterised by excessive bureaucracy. It was gradually realised that because local governments were formed for the welfare of the urban citizens, it was necessary to involve them. This thinking paved the way for citizen’s participation in municipal affairs. A select number of urban citizens are now chosen by holding elections to municipalities. For this purpose the municipal area is divided into several wards delineated on the basis of population.18 There is a contest for the seat/post of councillors in municipalities among the eligible voters at the ward level. One person from each ward is elected to the post of councillor. Elections are also held for the post of a mayor in municipal corporations and a chairperson (also known as a president/chairman) in municipal councils and nagar panchayats. The State government departments are responsible for the organisation of municipal elections. 19 Besides the State government appointed staff and persons nominated by the State government, citizen’s representatives have become a part of the local government. Whereas the appointed staffs are trained to handle their duties, citizens’ representatives are more aware of the quality of life at the ward level. The effort of the government has been on maintaining a balance in the distribution of power between the officials and the non-officials and on establishing a democratic form of local government. To enable wider participation in municipal affairs, seats in local governments are reserved for some sections of the society (Box 2.3).20 In addition to the appointed, nominated and the elected functionaries, ex-officio persons are also affiliated to the local government. A typical composition of an urban local government is shown in Table 2.5.21

Table 2.5: Composition of Urban Local Governments
Category
Elected Members

Ex-officio Members

Appointed Staff
Nominated Members

MPs
MLAs
MLCs
Executive Officer
Subordinate Staff
Selected Citizens

State Municipal Acts.

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Source:

Type of Municipality
Municipal Council/Nagar Panchayat
Chairperson/President; Vice-President
Councillors/Elected Ward Representatives

Municipal Corporation
Mayor; Deputy Mayor
Councillors/Elected
Ward Representatives
MPs
MLAs
MLCs
Municipal Commissioner
Subordinate Staff
Selected Citizens

Y
f

Notes: (i) Elected Members: There is one seat of Mayor/President, Deputy Mayor/Vice-President in a municipality; there are as many councillors as the number of wards in a municipality. (ii) Ex-officio Members: MP – Member of Parliament; MLA – Member of Legislative Assembly; MLC – Member of Legislative Council.

(iii) Appointed Staff: There is one position of Municipal Commissioner/Executive Officer in a municipality; the various sub-committees of a municipality are run by the subordinate staff in association with the elected members and the Municipal Commissioner/Executive Officer. Such staffs do not have the right to vote in the meetings of the municipality.

(iv) Nominated Members: A certain number of persons having special knowledge or experience in municipal administration are nominated by the State government. Such members do not have the right to vote in the meetings of the municipality.

Box 2.3: Reservation of Seats in Municipalities (Article 243 – T) (1) Seats shall be reserved for the SCs and STs in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the SCs in the Municipal area or of the STs in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.

(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the SCs or as the case may be, the STs.
(3) Not less than one-third (including the number of seats reserved for women belonging to the SCs and the STs) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. (4) The offices of Chairpersons in the Municipalities shall be reserved for the SCs, the STs and women in such manner as the Legislature of a State may, by law, provide. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in Article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.

Source: Constitutional Provisions Relating to Village Panchayats and Municipalities in India (1999: 12).

Municipal Management Practices
Municipalities follow various practices to discharge their duties. This sub-section includes three important management practices which describe the manner in which municipalities function. Municipal Meetings and Proceedings

Decisions on various municipal matters, such as superintendence of municipal administration, planning for infrastructure facilities, approval of municipal budget, etc., are taken in the meetings of the local government. Meetings are held periodically during which resolutions22 are passed on the basis of voting.

Participation in municipal meetings is not restricted to any category of person and may include the elected, nominated and ex-officio members, and other appointed authorities/officers associated

b
q

a
r

Y
f

with the local government. Besides, every meeting is open to the public. However, decisions to accept or reject resolutions are taken only by the elected members (councillors, mayor/president23) who possess powers for voting. For this reason, the elected members, who are representatives of the citizens in the local government, are important actors involved in the decision-making process. Furthermore, accepted resolutions are implemented only under the supervision of the Stateappointed municipal commissioner/executive officer, who possesses executive powers. The role of other participants is to provide assistance on various technical, financial and legal matters (Table 2.6).

Table 2.6: Role of Select Municipal Members and Authorities
S. No.
1

Members/Authorities
Mayor/President

2
3

Role
General supervision over all officers & works of local
government
Presiding officer at municipal meetings
Empowered to vote for resolutions only in the event of
equality of votes
Empowered to vote for resolutions
Spend funds received from government on development works
within constituencies
Ensuring better municipal administration
Exercise of executive powers

Councillor
Ex-officio Member

4
5

Nominated Member
Municipal Commissioner/
Executive Officer
Source: State Municipal Acts.

Some important aspects related to the conduct of municipal meetings that are common to most municipalities in India are illustrated in Table 2.7. In municipal corporations, there are two important decision-making bodies, namely the corporation and the executive committee. Whereas the municipal administration of a city is vested in the corporation, it may delegate any of its functions to the executive committee or any other committee of the corporation. The corporation, comprising the mayor and all councillors (i.e., elected ward representatives), nominated members and ex-officio members, is required to meet at least six times during a year for the transaction of business, i.e., for taking decisions on municipal matters.24 The quorum for transaction of such business is at ...

Keywords

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1.90 1.92 1.93 1.98 10 10.07 10.17 10.25 10.38 100 100.00 101 101.43 102 103 104 1047 108 108.09 109 11 11.14 11.31 11.73 11.91 11.99 110 112 114 115 119 11th 12 120 121 121.84 123 124 126 127 128 129 12th 13 13.01 13.14 13.87 132 133 134 135 136 137 138 14 14.11 14.71 140 141 143 144 145 146 148 15 15.02 15.11 15.67 15.71 15.72 150 151 1526 153 154 156 158 16 16.10 16.74 160 163 164 1642 165 168 169 17 17.12 17.31 17.52 17.73 17.99 170 171 172 1720 173 175 176 177 179 1793 18 18.26 18.46 18.64 18.74 180 181 1819 182 184 1845 1850 186 1863 187 1870 188 1880 1882 1885 1888 19 19.34 19.97 190 1907 1911 1914 1916 1917 1919 192 1934 1937 1947 1949 195 1950 1951 1954 1957 1959 196 1963 1966 1967 197 1973 1974 1985 1988 1989 1990s 1991 1992 1992.5 1993 1994 1995 1997 1998 1999 2 2.00 2.03 2.1 2.12 2.13 2.15 2.17 2.18 2.2 2.25 2.29 2.3 2.30 2.31 2.33 2.35 2.4 2.42 2.43 2.45 2.46 2.5 2.5.21 2.50 2.53 2.54 2.6 2.62 2.7 2.79 2.8 2.84 2.86 2.87 2.9 2.90 2.97 20 20.35 20.87 20.93 20.96 200 2000 2001 2001a 2001b 2002 2003 2004 2005 2006 2007 201 203 204 205 207 2075 208 209 21 21.20 21.49 210 2118 212 213 217 218 22 22.77 22.98 22.99 221 222 222170 223 224 225 2270 228 229 2292 23 23.4 2300 231 2320387 233 234 235 237 238 239 24 24.29 241 243 245 246 247 248 249 25 25.12 25.18 250 251 252 253 255 256 257 257.22 258 259 26 26.98 260 2610 263 2632039 2632251 264 266 267 268 269 27 2700730 2701364 273 275 278 28 28.11 28.63 28.82 280 282 284 285 288 289 29 29.18 29.68 290 291 292 293 295 296 298 299 2ae 3 3.00 3.03 3.08 3.1 3.10 3.11 3.12 3.12.2005 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.2 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.3 3.36 3.4 3.45 3.47 3.49 3.5 3.6 3.65 3.7 3.71 3.75 3.8 3.80 3.9 30 30.41 30.55 300 301 303 304 305 309 31 311 316 32 32.04 320 323 324 325 326 327 33 33.11 33.27 33.46 330 331 332 333 334 335 337 339 34 34.85 345 346 347 35 35.46 351 355 356 358 359 36 361 366 369 37 37.15 37.77 37.98 371 372 373 375 376 378 38 38.30 385 386 388 39 390 391 393 394 395 396 399 4 4.00 4.09 4.18 4.20 4.23 4.27 4.30 4.31 4.37 4.38 4.40 4.66 4.71 4.75 4.93 4.94 40 400 401 402 403 404 405 406 408 41 41.13 410 412 413 414 42 420 423 424 427 43 43.84 435 438 439 44 442 444 446 45 45.29 452 455 457 46 46.61 46.84 460 461 463 468 47 471 472 473 474 475 476 477 48 48.16 48.6 48.60 480 481 482 484 487 49 49.67 490 491 492 493 497 498 499 5 5.03 5.06 5.15 5.16 5.18 5.2 5.23 5.24 5.30 5.46 5.59 5.68 5.78 5.87 50 500 5000 502 505 507 509 51 514 515 517 519 52 520 527 528 529 531 532 537 538 540 544 545 549 55 550 552 554 555 556 558 56.41 560 561 564 565 566 57 57.26 57.28 570 573 58 580 581 582 583 584 585 587 588 589 591 593 594 598 6 6.02 6.09 6.12 6.23 6.61 6.70 6.74 6.75 6.87 6.99 60 600 601 606 608 61 61.23 611 614 618 62 62.20 620 621 6230204 625 627 628 63 63.35 630 631 632 633 637 638 63rd 64 64.75 640 647 648 65 65.38 650 652 66 66.51 660 662 663 665 669 67 671 674 675 676 677 68 681 684 688 698 699 7 7.03 7.08 7.18 7.35 7.49 7.59 7.61 7.82 7.85 70 700 701 707 708 709 71 71.23 71.78 711 715 717 719 720 722 724 727 728 73 730 732 734 738 739 73rd 740 744 745 749 74th 75 751 752 755 756 759 76.6 76.94 761 762 764 765 767 77 770 773 775 776 78 780 782 786 789 79 790 791 797 8 8.02 8.07 8.08 8.27 8.40 8.48 8.58 8.71 8.73 8.78 8.84 8.97 80 80.00 800 802 807 808 81 810 811 813 816 817 818 819 822 823 826 828 829 83 83.2 832 834 835 837 84 840 841 842 844 846 849 85 850 851 857 859 86 86.31 860 864 865 868 871 873 874 877 88 881 882 883 885 890 892 893 896 897 898 899 9 9.08 9.17 9.19 9.27 9.32 9.55 9.61 9.70 9.88 90 900 904 905 907 91 91.56 91.60 916 918 920 924 925 926 927 929 930 934 938 941 945 946 947 95127 952 953 954 955 957 959 962 965 967 968 969 970 972 973 974 98 982 984 985 986 987 99 994 996 997 998 a.d.a a.k abat abbrevi abl abolish abolit absenc abstract abut academi acceler accept access accommod accompani accord accordingly.6 account accur accustom achiev acknowledg acquir acquisit act action activ actor acts.13 actual acut ad adb 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modifi momentum monarch money monitor montagu montague-chelmsford month moor moreov motor move movement mp mp/mla mps mr ms mtrs much mughal mukesh multi multi-later multilater mumbai municip municipal/local municipal/local-level museum music mussoori mussoorie-dehradun mussori must n n.a nadu nag nagaland nagar nagarpalika nagpur naina naini nainit name narrow nashik nation natur naukuchiyat navi nazul ncr nct near nearest necess necessari necessarili need negat neglect neglig nehru neighbour net network new newli newspap next ngos nigam night night-soil nine noah nodal nomin non non-agricultur non-avail non-cooper non-develop non-funct non-memb non-offici non-tax none nontax norm norms/principles norms/standards north north-east north-eastern north-western northern northern/north-western notabl note noth notic notif notifi novemb noxious nri nuisanc nullifi number numer nurseri o object oblig obligatori obligatory/primary obnoxi observ observatori obstruct obtain obvious occupi occur 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playground pli pocket point pole polic polici polit pollut polythen pond pool poor poor-hous popul popular population.18 population/households portion posit possess possibl post post-mauryan potenti pound poverti power ppp practic pradesh precari prefect prefer preliminari premis premium prepar prescrib presenc present preserv presid president/chairman president/chairperson pressur prevail prevent previous price primari primarili principl print printer prior prioriti privat privatis privi pro pro-rata problem procedur procedures.15 proceed process produc product profess profession profil program programm progress project project-rel projectrel promin promot prompt proper properti proport propos proposit prosper protect prove provid provinc provinci provis proxim public public-private-partnership public/hoteliers/councillors publish pune punjab purchas pure purpos put pwd q qualiti quantiti quarter queen question quit quorum quot quota r r.l rabic radic radio railroad rais rajasthan rajind rajkot rajpal rajvir random rang rapid rata rate rather rational rationalis re re-nam reach read real realis realiti reason receipt receiv recent recept receptacl reclaim recognit recommend reconstitut record recov recoveri recycl redistribut reduc reduct refer referenc reform reforms41 refund refus regard regim region regist registr regul regular regulatori reject relat relationship releas relev reli reliabl reliant relief religion reluct remain remiss remodel remov remuner render renew rent rental repair repay report repres represent reproduc request requir requisit rescu research reserv residenti resolut resolutions22 resolv resort resourc respect respons rest rest-hous restrict result retard retir retrial retriev return reveal revenu review revis revolv reward rickshaw ride right ripa ripon rise road roads/bridges roadsid rocki rohtak role roll roman roof room root ropeway rotat rough round royal royalti rozgar rs rubbish rule rumi [email protected] run rupe rural 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