Tuesday, 5 November 2013

Urban Local Governments

Points to Remember:

1.       74th Constitutional  amendment act 1992 has added a new part IX-A to the constitution of India .It is entitled as ‘The Municipalities’ .In addition this act has added a new Twelfth Schedule. It Contains 18 functional items of municipalities.
2.       74th Amendment act provides for the constitution of the following three type of municipalities in every state
2.1.    Nagar panchayat: A transitional area from a rural area to an urban area.
2.2.    Municipal council: For a smaller urban area
2.3.    Municipal corporation: for a larger urban area
3.       All the members of a municipality shall be elected directly by the people of municipal areas.
4.       The state legislator may provide the manner of election of the chairperson  of a municipality
5.       The state legislator may provide for the representation of the following persons in a municipality
5.1.    Persons having special knowledge or experience in municipal administration without the right to vote in municipal meeting.
5.2.    The members of Lok sabha and the State legislative assembly representing constituencies that comprise wholly or partly the municipal area.
5.3.    The members of the rajya sabha and state legislative council who are registered as electors within the municipal area.
5.4.    The chairpersons of committees(other than wards committee)
6.       The superintendence, direction and control of the preparation of electoral rolls and conduct of all elections to the municipalities shall be vested in the state election commission.
7.       The president of India may direct that the provisions of this act shall apply to any union territory subject to such exception & modifications as he may specify.
8.       District Planning committee: Every state shall constitute at the district level , a district planning committee to consolidate the plans prepared by panchayats & municipalities .
9.       Four-fifths of the members of district planning committee should be elected by the elected members of district panchayat & municipalities in the district from amongst themselves.
10.    Two- thirds of the members of Metropolitan planning committee should be elected  by the elected members of municipalities and chairpersons of panchayat in the metropolitan area from amongst themselves.
11.   Types of Urban Government:
11.1.Municipal Corporation: This is created for the better administration of big cities. It has three authorities, the council, standing committees and the commissioner. The council is the legislative wing of corporation, it consist of councilors directly elected by people. Council is headed by Mayor. The standing committees are created to facilitate the working of the council .They deal with public works, education, health, finance and so on. They take decision in their fields. The municipal commissioner is responsible for the implementation of the decisions taken by the council & its standing committee. He is the chief executive authority of the corporation.
11.2.Municipality or Municipal council: The municipalities are established for the administration of towns & smaller cities.
11.3.Notified area committee:  A notified area committee is created for two types of areas –a fast developing town due to industrialization and a town which doesn’t  fulfill all the necessary condition for the constitution of municipality, but which otherwise considered important by the state government. Since it is established by a notification in the government gazette, it is called as notified area committee. It is an entirely nominated body. It is neither elected body nor statutory body.
11.4.Town area committee:- Town area committee is setup for the administration of a small town having limited number of civic functions.
11.5.Cantonment Board: Cantonment board is established for municipal administration for civilian population in the cantonment area. This board is created as well as administered by the central government. The executive officer of the cantonment board is appointed by the president of India.
11.6.Township
11.7.Port Trust: established in the port areas like Mumbai,Kolkata,Chennai
11.8.Special Purpose Agency: states have certain agencies with special purpose to serve. They function as autonomous bodies , not subordinate agencies of the the local municipal bodies. Housing boards, Pollution control boards, City transport boards etc…

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