Sutirtha Seminar
Transcript of Sutirtha Seminar
INTRODUCTION
Urbanization is perceived as a determinant, as well as a consequence of economic development. Over the past two decades, many countries in Asia have experienced rapid economic growth. This has led to a rapid rise in their urban population. However, in spite of a significant increase in national wealth and personal incomes, the quality of life of an average urban resident is not satisfactory. Urban centers are characterized by squalor slums, traffic congestion, and shortages of water and power. While the national governments pursue the goals of economic development, it is generally left to the local governments to manage rapidly growing urban areas, and provides for basic services to his residents. The modern municipal government in urban units is essentially a creation and legacy of British rule. It was imported in India by Britishers from their own land. However, it is said that the origin of local self-government had very deep roots in ancient India. On the basis of historical records, excavations and archaeological investigations, it is believed that some form of local self-government did exist in the remote past. In the Vedas and in the writings of Manu, Kautilya and others, and also in the records of some travelers like Magasthnese, the origin of local self-government can be traced back to the Buddhist period. The Constitution (74th Amendment) Act addresses the first two aspects, leaving considerable tasks to be attended to at the state and municipal levels. In a multi-tier federation, path-breaking breaking institutional changes as those envisaged in the 74th Amendment are bound to involve conflicts of interest. Institutional transformations are likely to be faster when they receive strong support from the beneficiaries, take all the stakeholders into confidence and incite strong public opinion against the vested interests. The support of the Central and state governments in absolutely critical as there can be no decentralization without the higher authorities shedding some of the powers they have enjoyed for years.The 74th Amendment Act aims at ushering in strong grassroots level democracy through the establishment of the above key institutions.However, the Constitution leaves the issues of their empowerment and operationalisation to the wisdom of the state governments. Most states have only conformed to the letter of the Amendment and not to its spirit. Amendment to the Municipal legislation in various states has only been with regard to the electoral reforms. While elections have taken place in accordance with the provisions of the Constitution, little effort has been made to enlarge the functional and financial domain of the Municipalities. The State Finance Commissions have submitted their report to the state governments but there is a great deal of reluctance by the state governments to accept its recommendations. On the contrary, many states have further reduced the financial powers of Municipalities after the State Finance Commission reports were submitted. The states have made provisions in their legislation for the Ward Committees, District Planning Committees and Metropolitan Planning Committees, but these committees are still to be made functional in many states.
MEANING OF GOVERNANCE AND LOCAL SELF-GOVERNMENT
Meaning of Governance
In simple words governance means the process of decision making together with the process by
which these decisions are implemented. Thus governance is a process by which authority in a
country is exercised for the common good. It includes:
i) the process by which those in authority are elected or selected, monitored and replaced,
ii) the capacity and the activities of the government to effectively manage its resources and
implement sound policies, and
iii) the citizens' and the state's respect for the institutions that govern economic and social
interaction among them.
In a democratic set-up, legislature is the body responsible for framing laws for the effective
governance of the state. The bureaucracy is to implement these laws honestly so that the state
progresses in all respects. In the democratic structure of our country, we have three levels of
governance—national or federal, state or regional, and local self-government at grass roots level.
Let us now discuss what local self-government means.
Meaning of local self-government
Local self-government implies:
i) a Government run by the local people;
ii) a Government concerned with the local issues;
iii) that the local people can check the activities of the Government; and
iv) that the local people can participate in all the concerns and the functions of the
Government.
It advocates increasing accountability and is expected to promote efficiency and improve
organizational performances by emphasizing effective management of resources and providing
accurate information to take appropriate decisions, and thus leads to greater control of
community affairs by the local masses. The Parliament and the State Assemblies cannot be
called local self-government, because they are not concerned with the local issues only. Instead
they are responsible for bigger areas of activities. Further, the local people do not have any
control over the instruments of the State and Central Governments. It is necessary to understand
this difference between local self-government and the representative governments at the state and
the central level. Let us now discuss Panchayati Raj as an institution of local self- government.
Growth of Local Self Government
The concept of Local Self Government is very ancient to India. It has originated since the Vedic
period, when the village assembly known as Samiti and Sabha and the Gramani, the village
headman existed. These assemblies represented the king`s authority in civil and military
administration and collected dues on behalf of the king. The local bodies comprised of
Gramyavadin or village judge, Dasagrami, Vimasapati, Satgrami. Gradually there was the
prominence of Nagaradhyaksha or city perfects who dealt with the affairs of urban life and
enforced respect for law and order in the minds of the people. In the Muryan period there were
gamas or villages, nigamas or small towns and bhojka. This proves that considerable autonomy
was enjoyed by the local institutions. Municipal government as a form of local governments has
been administering in India since the time of the Maurya period.
In addition to that in the late 19th century, the British Government initiated the concept of Local
Self Government. When Lord Ripon became the Viceroy of India and provided notable
contribution to the development of Local Government in the country. In 1882, he abandoned the
existing system of local government by the officially nominated people. According to his local
self-government system, the enormous Local Boards were split into smaller units to achieve
greater efficiency. Moreover, to ensure popular participation in the management of local affairs,
nomination system was replaced by an effective election process. Lord Ripon is considered to be
the founding father of urban local government. His concept of municipal authorities as units of
self-government has earned importance in the present days. Furthermore, Various Indian
counsellors were appointed to advise the British viceroy and the establishment of provincial
councils with Indian members. The Indian Councils Act of 1892 introduced Municipal
Corporations and District Boards that created for local administration.
In addition to that in the late 19th century, the British Government initiated the concept of Local
Self Government. When Lord Ripon became the Viceroy of India and provided notable
contribution to the development of Local Government in the country. In 1882, he abandoned the
existing system of local government by the officially nominated people. According to his local
self-government system, the enormous Local Boards were split into smaller units to achieve
greater efficiency. Moreover, to ensure popular participation in the management of local affairs,
nomination system was replaced by an effective election process. Lord Ripon is considered to be
the founding father of urban local government. His concept of municipal authorities as units of
self-government has earned importance in the present days. Furthermore, Various Indian
counsellors were appointed to advise the British viceroy and the establishment of provincial
councils with Indian members. The Indian Councils Act of 1892 introduced Municipal
Corporations and District Boards that created for local administration.
The Bengal Act of 1842 delineates the commencing of municipal institutions beyond the
presidency towns. The act was authorised to facilitate the inhabitants of any place of public
resort or residence to make better provision for proposes connected with public health and
convenience. Under this Act, a Municipal board was launched in one town and when the
homeowners were summoned to pay direct taxes, they not only resisted rudely, but also accused
the collector for encroaching when he came forward to collect taxes. This Act empowered
municipal bodies to impose indirect taxes. The Act was however of a controlled disposition. The
North Western Provinces, present states of U.P. and Bombay craftily gained from this act. The
growth of Municipal Institutions received additional impetus after the issuing of the Royal Army
Sanitary Commission Report in 1868. Though the report fundamentally dealt in army affairs, yet
it was successful in attracting attention towards the unhealthy conditions in towns. In the ensuing
years, several municipalities were founded in every territory. The 73rd Amendment Act of the
Constitutional in 1992 came into force to provide constitutional status to the Panchayati Raj
institutions. This Act proceeded further with the Panchayats in the tribal areas of eight States
including Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh,
Orissa and Rajasthan from 24 December 1996. According to this act, the Panchayati Raj system
was introduced as Local Self Government for all States.
The Act aims to provide 3-tier system in the Local Self Government and announces to hold
Panchayat elections regularly every five years. The act also provides reservation of seats for
Scheduled Castes, Scheduled Tribes and Women. Moreover, the act declares to appoint State
Finance Commission to make recommendations regarding the financial powers of the
Panchayats and to constitute District Planning Committee to prepare draft development plan for
the district. Since the Independence movement, Local Self Government had played a significant
role. However, after Independence, the Constitution of India was framed on federal principles.
The Constitution makers divided the functions of the government on the three lists such as
Federal, State and Concurrent. The local government bodies came under the State List and are
governed by the State Statutes, or in the case of Union Territories, by the Union Parliament.
LEGISLATIVE POWER AND LOCAL SELF GOVERNMENT
Urban local bodies are supposed to be formed as democratic institutions based on the principle of self-
government and should represent people's desires and strengths. Due to massive urban growth during the
past two decades, the urban quality of life has deteriorated and creates an urgent necessity for having
vibrant and efficient urban local government bodies that can deliver adequate services and improve living
conditions. Urban local government bodies are synonymous with municipal government have a long
history. Municipal bodies are the creation of the British. The first such body called a Municipal
Corporation was set up in the former Presidency town of Madras in 1688 and was followed by the
establishment of similar corporations in Bombay and Calcutta in 1762. Lord Mayo's Resolution of 1870
encouraged the introduction of an elected President in the municipalities. However in their present form
and structure, the municipal bodies owe their existence to Lord Ripon's Resolution on local self-
government, adopted on 18 May 1882.
In India the local government is the third level of government apart from the State and Central
governments. There are two types of Local Government in operation: Panchayats in rural areas
and Municipalities in urban areas. The Panchayats are a linked-system of local bodies with
village panchayats (average population about 5,000),panchayat samities at the intermediate level
(average population about 100,000), and district panchayats (average population about
1,000,000).
Number of Panchayats and Municipalities in India, 2004
Panchayats Nos. Municipalities Nos. Gram (Village) 236,350 Municipal Corporations 109 Samities
(Intermediate) 6,795 Municipal Councils 1,432 Zilla (District) 531 Nagar(Town)Panchayats 2,182 Total
243,676 Total 3,723 1The rural panchayats created in around 1959 were based on the soviet model
(Yugoslav variety ) of tiering with hierarchical control to undertake mainly agency tasks of the states
through earmarked funding, with limited civic tasks financed from assigned land revenue and local
surcharge thereon. This resulted in overlapping functional jurisdiction and a mismatch of functions and
taxes among the three tiers. The urban municipalities, created during the colonial days of mid-19th
century, survived the ‘socialist’ experiment and retained their separate character as their English
counterparts. In 1991, through two identical constitutional amendments, one for the Panchayats and the
other for the Municipalities, a number of changes were introduced to strengthen local governments in
India ensure regularity of their election every five years and limiting their period of super session or
dissolution to six months, three sets of local governments for the Panchayats and the Municipalities,
reservation of seats and chairpersons for women and scheduled castes and tribes, creation of independent
state selection commission (SEC), state finance commission (SFC) linked with the central finance
commission, and planning committees at the districts (DPCs) and metropolitan areas (MPCs). In addition,
these amendments have indicated guidelines for the states to empower the local governments through
increased devolution of functions and taxes to them- these are not been followed-up by the states.
However, the CFCs have been allocating discretionary grants for local governments passed through the
states. One lacuna in the existing arrangement is that the Panchayats do not have a statutorily delegated
list of functions on which its revenues could be spent; this has created problems of financing their own
activities from their own revenues or through general grants from the CFC-SFC arrangements.
Panchayats act mostly as agencies for implementing the erstwhile soviet plan schemes and projects on
cost reimbursement (around 96% of their activities) that do not have any maintenance component for
transferred completed works. The major national parties are committed to improve the e Panchayati
Raj as an Institution of Local Self-Government Panchayati Raj as an institution of local self-
government can play an important role in promoting people's participation in the democratic
process. It can be instrumental in integrating our traditional wisdom with modernity and in
protecting our culture. It can also become an instrument for ensuring social justice. Panchayati
Raj can: 2
enable rural people plan their own affairs;
give them a sense of confidence and courage;
enable people to participate in the democratic process; and
1 Source: India, Twelfth Finance Commission Report, 2005
give equal opportunities of participation to weaker sections of our society.
Panchavati Raj Institutions (PRIG) among other things are also responsible for building
schools, dispensaries, panchayat ghars, etc., and are likely to get involved in monitoring the
functioning of these institutions and their activities. All this may be done by the Gram
Panchayat itself, and thus establish its credentials as an effective institution of self-governance.
If the Panchayat is successful in ensuring such services to the entire community, especially to
the poor people, widows, the handicapped and other needy people, it will become a true
expression of self-governance. Effectiveness of the Panchayats through further central action to
remedy the situation.
Legislative power of Local Self Government and Constitution of India-
The Nagarpalika Act, i.e. the Constitution (74th Amendment) Act, 1992 has been enacted
to accord constitutional recognition to the Urban Local Bodies as third tier of Government. In
the said Constitution Amendment Act (CAA) it was made mandatory to implement the
provisions of the said Act in all the States within one year from the date of enactment of the
said Act.
West Bengal is a State where all the provisions of CAA, except the provision of State
Election Commission, were incorporated in various statutes and Executive Orders long before
the provisions of the CAA were conceived and came into force. The process of
decentralisation of powers started in West Bengal in 1977 and with this objective in view,
necessary changes in the legislations were made and Executive Orders issued to transfer
powers to the Local Bodies, both Urban and Rural. Our State Government, therefore, became
the pioneer in implementing the provisions of the CAA because in our case minor changes
had to be made to accommodate the provisions of the CAA. Though the status shows the
positions in respect of the Municipalities governed by the West Bengal Municipal Act, 1993,
the position in respect of the Municipal Corporations including the Calcutta Municipal
Corporation which are administered by other legislations are exactly similar. The Local
Bodies are actually exercising these powers in reality.
Similarly, West Bengal is pioneer in the matter of constitution of the State Finance
Commission. Before the CAA came into force two Municipal Finance Commissions were
constituted to look into the financial aspects of the Urban Local Bodies (ULBs) and to adopt
measures to strengthen their resource base. As per the provision of the CAA the first State
Finance Commission was constituted in this State and almost all of its recommendations have
been implemented.
As we are concerning about legislative power we must go through the definition of Law as per
constitution is concern. Part III of Constitution of India 1950 deals with Fundamental Rights
Article 13. Laws inconsistent with or in derogation of the fundamental rights sub Article 3
says (3) In this article, unless the context otherwise requires.-
"law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usages
having in the territory of India the force of law;
Part IX of Constitution of India 1950 deals with The Panchayats.
Article 243G along with the Eleventh Schedule indicates the kind of functions to be discharged
by the Panchayats. It does not guarantee assignment of a set of exclusive functions to the
Panchayats. Hence the kind of role they would be expected to play in governance depends on the
regime that controls the government of a State. The Commission recommends that Panchayats
should be categorically declared to be ‘institutions of self-government’ and exclusive functions
be assigned to them.
Article- 243G. Powers, authority and responsibilities of Panchayats.—
Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the
Panchayats with such powers and authority and 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 Panchayats, at the appropriate level, subject to such conditions
as may be specified therein, with respect to—
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may
be entrusted to them including those in relation to the matters listed in the Eleventh
Schedule. And
As an institution of self-government, the Panchayats should have adequate fiscal capability. To
be an institution of self-government, a Gram Panchayat should, as far as possible, be a viable
unit. It should be capable of generating internal resources by using its own fiscal powers that
include taxing power commensurate with the functions assigned to it. The PRIs at present are
principally grant-fed and their dependence upon the State Government even for carrying out their
routine functions is heavy. Among the three-tiers of Panchayats, the Gram Panchayats (GPs) are
comparatively in a better position. This is so because the GPs have some taxing power of their
own, while the other two tiers are dependent only on tolls, fees and non-tax revenue for
generating internal resources. The Commission feels that major fiscal restructuring and financial
resources are necessary to enable the Panchayats to function as viable local self-government
institutions. Some of the measures necessary for such reforms may be taken even within the
framework of existing constitutional provisions.
Part IX A of Constitution of India 1950 deals with The Municipalities
The period after independence, there has been a steady diversion and diminution of
responsibilities in the sphere of municipal functions. There has been a growth of development
activities of Municipalities and they have become afflicted with maladies such as corruption,
unresponsiveness, financial mismanagement, lack of accountability, political interference, etc. It
was expected that the Constitution 74th Amendment would reverse this trend and once again
entrust the responsibilities for the upkeep and development of towns and cities to Municipalities
and corporations. Article 243G and 243W of the Constitution provide for the State laws to
endow the Panchayats and Municipalities respectively with such powers and authority as may be
necessary to enable them to function as institutions of self-government. The Eleventh and
Twelfth Schedules to the Constitution Lists 29 and 18 items respectively for Panchayats and
Municipalities. It is important to note that neither these Schedules are exhaustive nor they signify
a variety of functions. In essence, these Schedules are illustrative only.
Article 243W. Powers, authority and responsibilities of Municipalities, etc.—
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.
LEGISLATIVE POWER OF LOCAL SELF GOVERNMENT IN WEST
BENGAL
MUNICIPALITIES
The characteristic features or municipal governance in West Bengal are as follows:
The State Government constitutes Municipalities after taking into consideration
the public opinion of the concerned areas.
Municipal areas are divided into several wards mainly depending on the
population size of the Municipality.
Term of a municipal Board is fixed to 5 years.
Each ward is represented by a member being elected directly by the people of
that ward.
One-third of the total seats of a municipality is reserved for women.
Seats are proportionately reserved for the weaker sections viz. Scheduled Caste
(SC), Scheduled Tribe (ST) of that municipality.
The Councillors elected directly by the people constitutes the Board of
Concillors, which governs Municipalities.
Municipal elections are conducted at a regular interval of five years under the
direct supervision of the State Election Commission, which is a statutory body.
Mayors/Chairpersons of the municipal bodies are directly elected by the
councilors.
The corporations and municipal towns are governed by a cabinet form of local
self-government through the Mayor-in-Council/ Chairman-in-Council model in the
ULBs.
Mayors/ Chairpersons run the municipal administration with the assistance of
their respective council members.
Chairman of the Corporation conducts the business in the meetings of the
Corporation.
There are borough committees in municipal bodies having more than 0.3
million population & in the Municipal Corporations to ensure further decentralisation
down below the municipal level.
Respective Municipalities appoint their officers and employees with approval
of the State Government.
The State Government may appoint officers in the Municipalities from its own
cadre of officers to support the municipal administration.
There are Municipal Accounts Committees in the municipalities to keep vigil
on municipal accounts.
The Municipalities are required to conduct internal audit.
The Municipal Bodies are to perform obligatory and discretionary functions in
the arena of providing Civic Services, development planning & the other socio
economic spheres enumerated in the 12th Schedule of the Constitution of India.
The West Bengal Municipal Act, 1993
Previously the Municipal Affairs of this State was administered by the Bengal Municipal Act,
1932. Later, in the end of ‘80s it was felt necessary to replace the said Act with an updated
legislation. Accordingly the West Bengal Municipal Act, 1993 has been enacted on the 13th
day of July, 1994 and the said new Act has replaced the Bengal Municipal Act, 1932.
Salient features of the West Bengal Municipal Act, 1993 are as follows:
1.Fixing Conditions and procedure for constitution of a new Municipality or inclusion of
an area within an existing municipal. For constitution of a Municipality an area shall
have to fulfill the mandatory conditions of a minimum total population of 30,000 (as
per last preceding census), a population density of 750 per sq. km., at least 50% adult
population of the area shall have to be engaged in non-agricultural pursuits and
probable municipal income from the area should be adequate to run the functions of
the proposed municipality. If any area is already urbanized but does not comply with
any of the above mentioned conditions this area may be declared as a Notified Area.
2.Clear determination of administrative structure of the Municipality. As per these
provisions the Chairman is the executive head of the Municipality. The Chairman
nominates one Councillor as the Vice Chairman. In Group A, B and C Municipalities
there are Chairman-in-Councils. Apart from the Chairman and the Vice Chairman
there are other members (for Gr. A -5, for Gr. B – 4, for Gr. C – 3) nominated by the
Chairman from among the Councillors. In Group D and E Municipalities the powers
and functions of the Chairman-in-Council devolves on the Chairman. Apart from
provisions have been made for empowering the Municipalities to constitute Advisory/
recommendery bodies to seek expert help in their work by constitution of Standing
Committees, Special Committees, and Joint Committees.
3.Constitution of ward committees is each ward of every municipality to involve general
citizen in civic administration.
4.Detailed provision for the procedure for conduct of business of different elected
functionaries and municipal officials and their powers.
5.Power and functions of the Municipality.
6.Procedure for custody, applications and use of municipal fund.
7.Power of the municipalities to hold, acquire and dispose of movable and immovable
properties.
8.Provision for preparation of Accounts is Municipal fund annual statutory audit and
internal audit thereof and constitution of Municipal Accounts Committee.
9.Powers of the Municipalities to impose different taxes and fees. The municipalities are
empowered to impose fees on congregation, tourists, toll in heavy truck, and levy of
special conservancy charges. Apart from this the Municipalities are empowered to
impose fees for licenses issued and permissions granted under the provisions of the
Act. The main plank of internal resource of the Municipalities is property tax on lands
and buildings. Provisions have been made to determine such property tax on the basis
of a formula. But such tax (annual) shall not exceed 30% of the annual value of the
land or building concerned. Though the Union Government proportions are exempted
from property tax but the Municipalities are empowered to impose service charge on
such properties at such rates as may be determined by the Central Government. As per
provision of this Act Diplomatic Missions, places of public worship, Government or
Government aided educational institutions, holdings used for charitable purposes,
welfare homes run by the Government and the buildings with a valuation of Rs. 500/-
or less are exempted from payment of property tax. In every five years the periodic
assessment of holdings is done. Detailed procedure fro such assessment is made in the
Act.
Apart from the above the Municipalities are entitled to impose, -
A. fee for enlistment of profession, trade end callings at a maximum rate
of Rs. 1500/- per annum [The State Government, in Municipal Affairs
Deptt., has circulated as model regulation is the matter for adoption by
the Municipalities];
B. fee for issue of license for use of a site for advertisement and also a tax
on advertisement on the basis of a regulation made by the
Municipalities with the approval of the State Government [The State
Government, in Municipal Affairs Deptt., has circulated as model
regulation is the matter for adoption by the Municipalities].
C. tax for registration of carts and carriages [the rates have been
mentioned in the West Bengal Municipal (Finance & Accounting)
Rules, 1999];
D. tolls on ferries and bridges;
E. stallage, rent and fee on markets;
F. fee for issue of hawking licenses and the licenses for sale of flesh, fish
or poltry;
10. Provisions for realization / recovery of taxes.
11. Powers to control and regulate all public through fares including public streets and
private streets.
12. Power of the Municipalities to regulate building activities and to ensure structural
safety. Through building rules and sanction building plan on realisation of fees as per
provisions of the West Bengal Municipal (Building) Rules, 2007.
13. Provision regarding power of the Municipalities in regard to supply of water and issue
permission for digging wells and sinking tube wells, and realization of fees therefor.
14. Power and function of the Municipality to control, maintain and regulate drains and
sewerage.
15. Manner of solid waste management to be followed by the Municipalities.
16. Provisions regarding control and maintenance of markets and slaughter houses by the
Municipality.
17. Provision regarding fire prevention and fire safety.
18. Detailed procedure regarding preparation of Draft Development Plan.
19. Special Provisions regarding hill Municipalities with an emphasis to safety measures
required to be taken in such areas.
20. Power of the Municipality to ensure public safety by removing nuisances and
restraining infection.
21. Provision delineating the role of the Municipality for maintenance of vital statistics
and disposal of dead.
22. Separate Chapters related to Notified Area Authority and Industrial Townships.
Rules framed under the West Bengal Municipal Act, 1993:
To implement the provisions of this Act the following rules have been made.
1. The West Bengal Municipal (Building) Rules, 2007;
2. The West Bengal Municipal (Finance & Accounting) Rules, 1999;
3. The West Bengal. Municipalities (Procedure & Conduct of Business)
Rules, 1995;
4. The West Bengal Municipal (Ward Committee) Rules, 2001;
5. The West Bengal Municipal (Duties and Responsibilities of Executive
Officer) Rules, 2003;
6. The West Bengal Municipalities (Remuneration and Allowances)
Rules, 1996;
7. The West Bengal Municipal (Internal Audit) Rules, 1997;
8. The West Bengal Municipal (Submission of Annual Administrative
Report) Rules, 1996;
9. The West Bengal Municipal Employees (Recruitment) Rules, 2005;
10. The West Bengal Municipal Employees (Death-cum-Retirement
Benefits) Rules, 2003;
11. The West Bengal Municipal (Levy of Fee for Supply of Water) Rules,
2002; and
The Nabadiganta Industrial Township Authority Rules, 2006.
West Bengal Municipal (Amendment) Bill, 2002
"It is considered necessary and expedient to amend the West Bengal Municipal Act, 1993
(West Ben. Act XXII of 1993) (hereinafter referred to as the said Act) with a view to making the
Act more effective.
2. The main features of the instant legislation may be summarised as follows :—
(a) The Bill contains the provisions to re-determine the size of population for
constitution of Municipalities and its classification in view of increase in
population.
(b) Provisions for abolition of the system of Chairman-inCouncil in Group 'D' and
Group 'E' categories of Municipalities have been incorporated.
(c) The Chairman of the Municipality has been made a whole-time functionary.
(d) Provisions for constitution of different Standing Committees and constitution of
Cadre of Executive Officers, Finance Officers, Engineers and Health Officers of the
Municipalities have also been made.
(e) In order to remove corrupt practices, Municipalities have been brought under the
watch of vigilance authority.
(f) Provisions have also been made in the Bill to enable the Municipalities to go in for
Joint Venture Business.
(g) Allevation in the provisions of property tax has been made to suit the present need.
(h) Chapter regarding preservation and conservation of Heritage Buildings from the
said Act, has been omitted for making it consistent with the provisions of the West
Bengal Heritage Commission Act, 2001 (West Ben. Act XI of 2001).
(i) In addition, the Chairman of the Municipality may, if found guilty of negligence in
duty under the Act or abuse of the powers vested in him, be removed from the
Office."
It extends to the whole of West Bengal, except Calcutta as defined in clause (9) of section 2 of
the Calcutta Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980) and Howrah as
defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980 (West Ben.
Act LVIII of 1980), and such other area as may constitute the territorial jurisdiction of a
municipal corporation established by any law for the time being in force.
Sub-Sec 2(6) of the said act says about “bye-law” which means a set of regulations made by the
municipality under this Act;
CHAPTER XXVIll says about Rules and Regulations
Sec 417 said Power make rules. — (1) The State Government may, after previous publicaion,
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the matters which under any provision
of this Act are required to be prescribed or to be provided for by rules.
(3) All rules made under this Act shall be laid for not less than fourteen days before the
State Legislature as soon as possible after they are made and shall be subject to such
modification as the State Legislature may make during the session in which they are so laid.
Any modification of the said rules made by the State Legislature shall be published in the
Official Gazette, and shall, unless some later date is appointed by the State Government, come
into force on the date of such publication.
(4) Notwithstanding anything contained in sub-section (1), and sub-section (2), of this
section or elsewhere in this Act, till such time as the State Government makes rules under this
Act, the rules made under the Bengal Municipal Act, 1932 (Ben. Act XV of 1932) and in force
immediately 2[before the commencement] of this Act, shall so far as they are not inconsistent
with the provisions of this Act, be deemed to be the rules made under this Act, and the provisions
of sub-section (3) shall not apply to any rules deemed under this sub-section to be the rules made
under this Act.
Explanation. — "Regulation" shall include by law.
Section-420. Regulations to be subject to approval of State Government. — No regulation
made by the Board of Councillors under this Act shall have any validity unless and until it is
approved by the State Government.
Section-421. Power of State Government to cancel or modify regulations. — (1) If the State
Government is, at any time, of opinion that any regulation made by the Board of Councillors
under this Act should be cancelled or modified, either wholly or in part, it shall cause the
reasons for such opinion to be communicated to the Board of Councillors and shall appoint a
reasonable period, not less than fifteen days, within which the Board of Councillors may make
such representation with regard thereto as it may think fit.
(2)On receipt and consideration of any such representation or, if no such
representation is received, after the expiry of the period as aforesaid, the State
Government may, at any time, by notification, cancel or modify such regulation, either
wholly or in part.
(3)The cancellation or modification of any regulation under subsection (2) shall take
effect from such date as the State Government may specify in the notification under that
sub-section or, if no such date is specified, from the date of publicaiton of such
notification, provided such cancellation or modification shall not affect anything done or
suffered or omitted to be done under such regulation before such date.
(4) Any notification under sub-section (2) shall be published in local newspapers or
in such other manner as the State Government may decide.
Section- 422. Penalty for breach of rules or regulations. — (1) Any rule or regulation made
under this Act may provide that a contravention thereof shall be punishable
(a) with fine which may extend to one thousand rupees;
(b) with an additional fine in the case of a continuing contravention, which may extend to
one hundred rupees for every day during which such contravention continues after
conviction for the first such contravention; and
(c) with additional fine which may extend to fifty rupees for everyday during which the
contravention continues after recipt of a notice from the Municipality requiring the
offender to discontinue such contravention.
(4)Any rule or regulation made under this Act may further provide that the offender shall be
required to remedy, in so far as such remedy lies in his power, the mischief, if any, caused by
the contravention of any rule or regulation made under this Act.
Section-423. Rules and regulations to be available for inspection and purchase. – (1) A copy of
all rules and regulations made under this Act shall be kept at the office of the Municipality and
shall, during office hours, be open, free of charge, to inspection by any inhabitant of the
municipal area.
(2) Copies of all such rules and regulations shall be kept at the office of the Municipality and
shall be sold to the public at such price as the Board of Councillors may determine.
Section-424. Doubts as to powers, duties or functions of municipal authorities. – If any doubt
arises as to the municipal authority to which any particular power, duty or function appertains,
the Chairman shall refer the matter to the State Government and the dicision of the State
Government thereon shall be final.
Functions of the Department
1. The department is primarily responsible for giving necessary support to all the Urban
Local Bodies that are being constituted in the State of West Bengal.
2. Its role is that of a facilitator and system maintenance manager.
3. Urban Local Bodies are being governed by elected local bodies and they have dual
responsibilities: one to the electorate and another to the State Government .They are
accountable to both.
4. Similarly, the State Government is legally authorised to control the local bodies from the
point of view of a system maintenance manager.
Role of the State Government in M.A. department is to see that the local bodies are
functioning within the bounds of law and discharging the functions as per standard set by
Law, Rules and Regulations.
MUNICIPAL CORPORATION
West Bengal Municipal Corporation Act, 2006.
It extends to the whole of West Bengal, except Kolkata as defined in clause (9) of section 2 of
the Kolkata Municipal Corporation Act, 1980 (West Ben. Act LVII of 1980) and Howrah as
defined in the Howrah Municipal Corporation Act, 1980 (West Ben. Act AIX of 1980).
Notwithstanding anything contained in sub-section (2) the provisions of his Act shall apply to the
district of Darjeeling or any part thereof, subject to such exceptions and modifications as the
State Government may, by notification, direct:
Provided that nothing in this Act shall be construed to affect the powers of be Autonomous Hill
Council for the hill areas specified under sub-section (1) of section 31 of the Darjeeling Gorkha
Autonomous Hill Council Act, 1988 (West Ben. Act XIII of 1988).
The term "Corporation" means a Municipal Corporation, by whatever nam called, constituted
under this Act.
CHAPTER XXIII of this act tell about Rules and Regulations
Section-361. Power to make rules.—(1) The State Government may, after previous Power in
the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing pow such rules may
provide for all or any of the matters which under any provision
rovision of this Act are required to be prescribed or to be provided for by rules.
(3) Notwithstanding anything contained in the foregoing provisions of this section or
elsewhere in this Act, till such time as the State Government makes rules under this Act
providing for all or any of the matters, the rules under the West Bengal Municipal Act, 1993
(West Ben. Act XXII of 1993), the Howrah Municipal Corporation Act, 1980 (West Ben. Act
LVIII of 1980), or the Kolkata Municipal Corporation Act, 1980 (West Ben. Act, LIX of 1980),
providing for all or any of the similar matters may be made applicable to the Corporation by the
State Government to such extent and with such modifications as the State Government may, by
notification, specify.
(4) All rules made under this Act shall be laid for not less than fourteen days before the State
Legislature as soon as possible after they are made and shall be subject to such modifications as
the State Legislature may make during the session in which they are so laid. Any modification of
the said rules made by the State Legislature shall be published in the Official Gazette, and shall,
unless some later date is appointed by the State Government, come into force on the date of such
publication.
Section-362. Power of Corporation to make regulations.—(1) The Corporation may make
regulations, not inconsistent with the provisions of this Act or the rules made there under, for
discharging its functions under this Act.
(2) No regulation made by the Corporation under this Act shall have any validity unless and
until it is approved by the State Government.
(3) Before approving any such regulation, the State Government may modify, it.
Section-363. Penalty for breach of regulations.—(1) Any regulation made under this Act may
provide that a contravention thereof shall be punishable -
(a) with fine which may extend to two thousand and five hundred rupees; or
(b) with fine which may extend to two thousand rupees and, in the case of a continuing
contravention, with an additional fine which may extend to one hundred rupees for
every day during which such contravention continues after conviction for the such
contravention; or
(c) with fine which may extend to one hundred rupees for every day during which the
contravention continues after receipt of a notice from the Commissioner or any other of
the Corporation, duly authorized by the Commissioner, in this behalf, by the person
contravening the regulation, requiring such person to discontinue such contravention.
(2) Any such regulation may also provide that a person contravening the regulation shall be
required to remedy, in so far as it lies within his power, the mischief, if any, caused by such
contravention.
Section-364. Power of State Government to cancel or to modify regulations. –(1) If the State
Government is, at any time, of opinion that any regulation made by the Corporation should be
cancelled or modified, either wholly or in part, it shall cause the reasons for such opinion to be
communicated to the Corporation, and shall specify a period within which the Corporation may
make any representation with regard thereto.
(2) After the expiry of such period and on consideration of the representation of the
Corporation, if any, the State Government may, at any time, by notification, cancel or modify
such regulation, either wholly or in part.
(3) Any notification under sub-section (2) shall be published in local newspapers.
Section-365. Power to amend Schedule – The State Government may by notification, add to,
amend, or alter, any Schedule to this Act.
The Kolkata Municipal Corporation Act, 1980
Civic Government in Kolkata has started its journey with the enactment of the Calcutta
Municipal Act, 1923. Later this Act was replaced by the Calcutta Municipal Act, 1951. At
last the Act of 1951 was replaced by a new Act namely the Calcutta Municipal Corporation
Act, 1980. The name of ‘Calcutta’ has been converted to ‘Kolkata’ after enactment of the
West Bengal Capital City (Change of Name) Act, 2001.
Powers and functions of the Kolkata Municipal Corporation under the Kolkata Municipal
Corporation Act are almost identical to that of the West Bengal Municipal Act, 1993 with the
following major variations-
The number of wards of Kolkata Municipal Corporation is fixed to 141, and the
boundaries of each ward of Kolkata Municipal Corporation is fixed in scheduled II of
the Act.
The Mayor is the First Citizen of the Corporation. The administration of the
Corporation is run by the Mayor-in-Council constituted the Mayor, the Deputy Mayor
and the maximum of 10 other elected members of the Corporation.
There is a Chairman, elected by the Councilors who exercises the powers in the
Corporations which is similar to that of the Speaker of the Legislative Assembly.
The Mayor nominates one of the Councilors as the Deputy Mayor.
For further decentralization there is a borough setup. Corporation constitutes 15
boroughs which are groups of contiguous wards. Each borough committees civic
administration in borough areas are supervised by a borough committee constituted
by a Councilors of the wards of concerned borough.
The Chief Administrative Officers of the Corporation is the Municipal
Commissioner.
The Corporation is empowered for assessing the properties with in the
Corporation area, unless otherwise the directed by the State Government, for the
purpose of imposition of property tax.
The Corporation is empowered to fix the rates of various fees tolls and taxes in
there bugged estimate.
Gram Panchayat and Panchayati Raj in West Bengal
As in urban areas, so in rural areas there are certain local problems which can be solved
efficiently only by the local people. More than eighty per cent of the Indian people live in
villages and the welfare of the people implies an all-round improvement of the Indian villages.
With this end in view three types of self-governing institutions were created to look after the
affairs of rural areas, namely, the District Board, the local or the Taluk Board and the Union
Board or the Village Panchayat.
The West Bengal Government decided to introduce far-reaching reforms of the units of rural
self-government on the basis of the report of the Balavant Rao Mehta Committee. Accordingly,
the West Bengal legislature passed a new Act in 1963 The Act provided for the creation of four
categories of local self-governing institutions. The Zilla Parishad stands at the apex of these
institutions followed by Anchalik Parishad, Anchal Panchayat and Gram Panchayat. The new
system primarily aimed at implementing the high ideals set forth by the preamble to the
Constitution as also the directive principles of state policy Decentralisation of power is the basic
principle of democracy. Democratic socialism is impossible unless the social structure, the
administrate machinery and the economic organisation of a country are based upon
decentralisation of power. With this end in view, the rural self-governing institutions introduced
in this country by the former British rulers were reconstituted and revitalised so that through the
agencies of these newly-formed institutions, the rural people may be increasingly associated with
the task of planning for development The foundation of the welfare state was strengthened by
providing for participation of the local people in the administration of local affairs affecting their
common interests.
Rural self-government in West Bengal is now regulated by the West Bengal Panchayat Act, 1973
which created a three tier system, namely, (1) Gram Panchayat, (2) Panchayat Samiti, and (3)
Zilla Parishad. The work of these units is supervised by the Director of the Panchayat appointed
by the State Government.
Gram Panchayat-
Gram Panchayats are local governments at the level of villages and small towns. In fact the
Gram Panchayat is the foundation of the Panchayati system in India. A Gram Panchayat is
formed in a village which has 300 or more than 300 population or else two or more villages are
clubbed together. Sarpanch or the Chair Person heads a Gram Panchayat. The main functions of
the Grampanchayat are to look after the basic amenities of the villages under the surveillance of
the Sarpanch. The Gram Panchayat earns its income from the taxes levied on various open
spaces and various other properties of the villages.
Panchayat Samiti
The Panchayat Samiti has taken the place of the former Anchalik Parishad and is the second tier
under the new system. Every district is divided into a number of Blocs consisting of several
neighbouring villages. For each Bloc, there shall be one Panchayat Samiti of which the Bloc
Development Officer (BDO) will act as an ex-officio Executive Officer.
Zilla Parishad
Zilla Parishad looks after the administration of rural areas in a district. The office of the Zilla
Parishad is located in the district headquarters. The main function of this governing body
revolves around providing the essential facilities to the rural people and to initiate the developing
programmes in the villages.
Finally it can be concluded saying that rural local self government in the present day has been
very meticulous to bring about developments in the villages.
Chapter III deals with Power and duties of Gram Panchayat.
Section-19 Obligatory duties of Gram Panchayat.
(1) A Gram Panchayat shall function as a unit of self-government and, in order to achieve
economic development and secure social justice for all, shall, subject to such conditions as may
be prescribed or such directions as may be given by the State Government,—
(a) prepare a development plan for the five-year term of the office of the members and revise and
update it as and when necessary with regard to the resources available;
(b) prepare an annual plan for each year by the month of October of the preceding year for
development of human resources, infra-structure and civic amenities in the area;
(c) implement schemes for economic development and social justice as may be drawn up by, or
entrusted upon it.
(2) [Without prejudice to the generality of the provisions of subsection (/) and subject to such
conditions as may be prescribed or such directions as may be given by the State Government,]
the duties of a Gram Panchayat shall be to provide within the area under its jurisdiction for—
(a) sanitation, conservancy and drainage and the prevention of public nuisances;
(b) curative and preventive measures in respect of malaria, small pox, cholera or any other
epidemic;
(c) supply of drinking water and the cleansing and disinfecting the sources of supply and storage
of water;
(d) the maintenance, repair and construction of public streets and protection thereof;
(e) the removal of encroachments of public streets or public places;
(f) the protection and repair of buildings or other property vested in it;
(g) the management and care of public tanks, subject to the provisions of the Bengal Tanks
Improvement Act, 1939, common grazing grounds, burning ghats and public graveyards;
(h) the supply of any local information which the District Magistrate, the Zilla Parishad'[, the
Mahakuma Parishad, the Council] or the Panchayat
Samiti within the local limits of whose jurisdiction the-Gram Panchayat is situated may require;
(i) organising voluntary labour for community works and works for the upliftment of its area;
(j) the control and administration of the Gram Panchayat Fund established under this Act;
(k) the imposition, assessment and collection of the taxes, rates or fees livable under this Act;
(l) the maintenance and 2[control of Dafadars, Chowkidars and Gram Panchayat Karmees]
within its jurisdiction and securing due 3[performance by the Dafadars, Chowkidars and Gram
Panchayat Karmees] of the duties
(m) the constitution and administration of the Nyaya Panchayat established under this Act; and
(n) the performance of such functions as may be transferred to it under section 31 of the Cattle-
trespass Act, 1871. imposed on them under this Act;
Section 21- Discretionary duties of Gram Panchayat.
Subject to such conditions as may be prescribed, a Gram Panchayat may, and shall if the State
Government so directs, make provision for—
(a) the maintenance of lighting of public streets;
(b) planting and maintaining trees on the sides of public streets or in other public places vested in
it;
(c) the sinking of wells and excavation of ponds and tanks;
(d) the introduction and promotion of co-operative fanning, co-operative stores, and other co-
operative enterprises, trades and callings;
(e) the construction and regulation of markets, the holding and regulation of fairs, melas and hats
and exhibitions of local produce and products of local handicrafts and home industries;
(f) the allotment of places for storing manure;
(g) assisting and advising agriculturists in the matter of obtaining State loan and its distribution
and repayment;
(h) filling up of insanitary depressions and reclaiming of unhealthy localities;
(i) the promotion and encouragement of cottage 2[, Khadi, village and small-scale including food
processing] industries;
(i1) promotion of dairying and poultry;
(i2) promotion of fishery;
(i3) poverty alleviation programme;
(j) the destruction of rabbit or ownerless dogs;
(k) regulating the production and disposal of foodstuffs and other commodities in the manner
prescribed;
(l) the construction and maintenance of surais, dharmasalas, rest houses, cattle sheds and cart
stands;
(m) the disposal of unclaimed cattle;
(n) the disposal of unclaimed cropses and carcasses;
(o) the establishment and maintenance of libraries and reading rooms;
(p) the organisation and maintenance of akharas, clubs and other places for recreation or games;
(p1) cultural activities including sports and games;
(p2) social welfare including welfare of the handicapped and
mentally retarded:
(p3) welfare of socially and educationally backwardclasses of citizens and, in particular, of the
Scheduled Castes and the
Scheduled Tribes;
(p4) public distribution system; (p5) maintenance of community assets;
(q) the maintenance of records relating to population census, crop census, cattle census and
census of unemployed persons and of other statistics as may be prescribed;
(r) the performance in the manner prescribed of any of the functions of [the Zilla Parishad or the
Mahakuma Parishad or the Council, as the case may be,] with its previous approval, calculated
to benefit the people living within the jurisdiction of the Gram Panchayat;
(s) rendering assistance in extinguishing fire and protecting life and property when fire occurs;
(t) assisting in the prevention of burglary and dacoity; and
(u) any other local work or service of public utility which is likely to promote the health,
comfort, convenience or material prosperity of the public, not otherwise provided for in this Act.
CONCLUSION
At present, there are about 3 million elected representatives at all levels of the panchayat one-
third of which are women. These members represent more than 2.4 lakh Gram Panchayats, about
6,000 intermediate level tiers and more than 500 district panchayats . Spread over the length and
breadth of the country, the new panchayats cover about 96 per cent of India's more than 5.8 lakh
villages and nearly 99.6 per cent of rural population. This is the largest experiment in
decentralisation of governance in the history of humanity.
The Constitution visualises panchayats as institutions of self-governance. However, giving due
consideration to the federal structure of our polity, most of the financial powers and authorities to
be endowed on panchayats have been left at the discretion of concerned state legislatures.
Consequently, the powers and functions vested in PRIs vary from state to state. These provisions
combine representative and direct democracy into a synergy and are expected to result in an
extension and deepening of democracy in India. Hence, panchayats have journeyed from an
institution within the culture of India to attain constitutional status.
Other Municipal Corporation Acts
Apart from Kolkata there are five others Municipal Corporations in the State namely the
Howrah Municipal Corporation, Siliguri Municipal Corporation, Asansol Municipal
Corporation, Chandannagar Municipal Corporation and Durgapur Municipal Corporation.
All these Municipal Corporation are been administered by the separate the Howrah
Municipal Corporation Act, 1980, the Siliguri Municipal Corporation Act, 1990, the Asansol
Municipal Corporation Act, 1990, the Chandannagar Municipal Corporation Act, 1990 and
the Durgapur Municipal Corporation Act, 1994.
Municipal and Urban Planning in West Bengal during the 11th Five Year Plan
Approach
Decentralised and balanced development in planned manner
Integrated development of periurban area that are susceptible to unplanned growth and
development
Development of new townships
Land Use and Development Control plan to facilitate planned development
Holistic and inclusive development addressing the concerns of urban poor
Improved municipal governance to ensure sustainable growth
Urban Challenges
Provisioning of infrastructure -
water supply, sewerage , drainage, roads, etc.
To ensure access to services by the urban poor
Efficient service delivery mechanism
O&M of assets to ensure sustained benefit
To prevent marginalization of urban poor
To provide a healthy and living environment
Infrastructure Development - Focus
To cover all urban area with improved water supply system
Emphasis given under JNNURM on water supply
Project involving Rs.617.55 crores already approved.
Developing improved drainage system at least in major towns and town with chronic
water logging problem.
Development of sewerage network in phases to begin with towns having sewerage
treatment facility created under NRCP.
Development of advanced traffic and transportation system in large and medium towns.
Development of infrastructural facilities through PPP also.
Planned Growth and Development
Identification of landfill site on regional basis
Scientific management of landfill sites through PPP option.
Removal of solid waste in 6 KMA towns with JBIC fund.
Implementation of laws restricting use of plastic bags.
Plantation of trees in various parts of urban areas.
Making rainwater harvesting, solar energy and waste water cycling mandatory in
houses above 14.5 metres height in urban areas
In the recent years Local Self Government has been playing a vital role. These local bodies
provide services to the local community as well as act as an instrument of democratic self-
government. In addition to that Local government has become essential; part of the national
government structure. This level of government is recognised by the people as they are close to
the citizens and involve them in the decision making process. Local government is of two types
that include urban local government and rural local government. Urban local government was
manifested in Municipal Corporations, Municipal Councils, Town Area Committees and
Notified Area Committees. However, the Seventy-Fourth Constitution Amendment Act adopted
in 1992 proposes to form a uniform structure of Municipal Corporations, Municipal Councils and
Nagar Panchayats in transitional areas. Nevertheless, the Rural local government operates
through Zilla Panchayats (Parishads), Taluka Panchayats and Village Panchayats. During the last
three decades, empowerment as a strategy is placed in the spectrum of development process. In
the backdrop of economic disparity, gender injustice, along with increased levels of poverty,
illiteracy and ill-health, economic policies in developing countries are being reoriented to
integrate the hitherto neglected 'under privileged', 'weaker sections', 'deprived and marginalized
groups' into the main stream of the society by providing various economic benefits acquired
from either state sponsored projects directly or through the involvement of various local self-
government agencies in the development scenario. In this context, this paper attempts to conduct
a comparative study of the role of local self-government in the state of Nagaland and West
Bengal in India towards empowerment of people below poverty line, which may also have
strategic socioeconomic relevance in other countries. It was found that bringing about positive
changes in the rural socioeconomic scenario in the country is a huge but possible task. It its
suggested that rural local self-governments like Village Development Boards of Nagaland and
Panchayats of West Bengal, having broad community base at the grassroots levels must be
strengthened and empowered.