panchayati raj institutions & local self govt

7/29/2019 Panchayati Raj Institutions & Local Self Govt

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PANCHAYATI RAJ INSTITUTIONS & LOCAL SELF GOVT.

STRATEGIC REVIEW OF MACHINERY OF GOVERNMENT

285

Chapter-VIII

8. PANCHAYATI RAJ INSTITUTIONS & LOCAL SELF GOVT.

I. PANCHAYATI RAJ INSTITUTIONS

Panchayats have been in existence since time immemorial. In the

ancient period, the Panchayats generally functioned as informal institutions to solve

intra-village and sometimes inter-village feuds, and organized forums for village-level

social development and cultural functions.

In Himachal Pradesh, the Panchayati Raj system was established in a

statutory form in 1954 under the Himachal Pradesh Panchayati Raj Act-1952. After the

reorganization of the state on 1 November 1966, the 1952 Act was replaced by the

Himachal Pradesh Panchayati Raj Act 1968, incorporating the major recommendations

of Balwant Rai Mehta Committee and a two-tier system was established in the state.

With the passage of the 73rd Constitutional Amendment Act, 1992, the

Himachal Pradesh Panchayati Raj Act 1994, came into force on 23 rd April, 1994, in

place of the Himachal Pradesh Panchayati Raj Act, 1968. New rules were framed under

new Act. Simultaneously, the State Election Commission was also established and the

two tier Panchayati Raj system, namely Gram Panchayat and Panchayat Samiti, gave

way to the three-tier system. First elections to the Panchayats were held in December,

1995.

For empowering the PRIs and to make them financially sound, the State

Government has accepted most of the recommendations of the First State Finance

Commission. The Commission recommended the devolution of functions involving and

expenditure of Rs. 5030 lakh for a period of five years from 1996-97 to 2000-01. In its

recommendations, the commission has suggested that the state government should

consider fixing the maximum rates for each tax. The state government has allowed the

Gram Panchayats to levy taxes, fees and duties in their areas subject to the maximum

rates of such taxes specified by Government. The Second Finance Commission was

constituted on 25 May, 1999. According to the recommendations of the First State


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Finance Commission and the Tenth Finance Commission, Rs. 8.05 crore is being

released to the PRIs annually to discharge the delegated functions. The Eleventh

Finance Commission has awarded Rs. 1313.38 lakh annually to the PRIs for the

period 2000 to 2005. The State Government has earmarked an amount of Rs. 57.00

lakhs for construction of Zila Parishad Bhawans, Rs. 193.34 lakh to meet the office

expenses of all the three tiers of PRIs and Rs. 689.65 lakh for honorarium to be paid to

the elected representatives of PRIs. In addition, the state government is also providing

a grant of Rs. 561.17 lakh on account of honorarium to Panchayat Chowkidars,

Panchayat Sahayaks, tailoring mistresses and junior engineers of the Panchayats.

Himachal Pradesh is one of the states of India, which gives a monthly

honorarium to the elected representatives of PRIs. It gives an honorarium of Rs. 2700,Rs. 1250 and Rs. 750 to the Chairpersons of Zila Parishads, Panchayat Samitis and

Gram Panchayats respectively. For the vice-chairpersons of all the three tiers, the

monthly honorarium is Rs. 1800, Rs. 1000 and Rs. 650 respectively. Members of Zila

Parishads and Panchayat Samitis are given Rs. 1250 and Rs. 750 each as monthly

honorarium. Members of Panchayats receive an honorarium of Rs. 100 per meeting up

to two meetings in a month.

A. General information about Panchayati Raj set up in Himachal Pradesh:

1. Enactment of State PR Act: With a view to bring law relating to thePanchayats in conformity with the provisions of the 73 rd constitutional

Amendment Act, the Himachal Pradesh Panchayati Raj Act, 1994 was

enacted w.e.f.23rd April, 1994.

2. Elections and Establishment of Three Tier PR System: As per therequirements of the provisions of the constitution and the state Panchayati

Raj Act, 1994, the three tier Panchayati Raj system was established in this

state during the year 1995-96.

First elections of PR bodies were held during December,1995 and thePanchayats started functioning w.e.f.23rd January,1996 and the 5 years

term expired on 22nd January,2001.


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Second elections of PR bodies were held during December 2000 and thePanchayats started functioning w.e.f.23rd January, 2001 and the 5 years

term expired on 22nd January, 2006.

The third elections were held during December, 2005 and the presentlyelected office bearers started functioning w.e.f.23rd January 2006.The five

year term of present Panchayats will expire on 22nd January,2011.

1. Details of PRIs in Himachal Pradesh: Up-Gram Sabhas : 19411 Gram Sabhas : 3243

Gram Panchayats : 3243 Panchayats Samitis : 75 Zila Parishads : 12

B. Devolution of functions and powers to the Panchayati Raj Institutions:

(a)Powers and functions specified under the Himachal Pradesh PanchayatiRaj Act,1994 and the rules made there under:-

Gram Panchayats have been empowered to enquire and make reportabout misconduct of certain officials such as Peon, Bailiff, Constable

Head Constable, Chowkidar, Patrol of the Irrigation Department, Forest

Guard, Patwari Vaccinator, Canal Overseer, Game Watcher, Panchayat

Secretary, etc.

Gram Panchayats have been empowered to hear and decide casesrelating to minor offences under I.P.C., the Vaccination Act,1880, the

Cattle Tress Pass Act,1878, the Himachal Pradesh Juveniles (Prevention

of Smoking Act),1952 and the Public Gambling Act,1867 and also to

hear and decide applications for maintenance under section 125 of the

Cr.P.C.

Gram Panchayats have been empowered to approve the annual budgetof the Gram Panchayat as well as to consider and take appropriate

action in respect of the annual statement of accounts of the Gram


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Panchayat, report of the administration of the preceding financial year

and the last audit note and the administration of the preceding financial

year and the last audit note and the replies, if any, made thereto.

Gram Panchayats have been empowered to approve plans, programmesand budget prepared by the Gram Panchayat for economic development

and social justice and also to authorize, after being satisfied, issuance of

utilization certificates of funds spent on the implementation of the plans,

projects and programmes of the gram panchayat.

Gram Sabhas have been empowered to constitute Vigilance Committeesto supervise the Gram Panchayat works, schemes and other activities

and to put reports concerning them in its meeting and shall also send a

copy of the said report to the BDO. Developmental works costing up to Rs.3.00 lakh will executed by the

Gram Panchayats.

Gram Panchayats are authorized to accord administrative approval andexpenditure sanctioned for the work costing up to Rs.3.00 lakh for which

technical sanction of Junior Engineer is required. However for the work

costing up to Rs.50,000/- technical sanction of Takniki Sahayak is

required. If the cost of work is more than Rs.3.00 lakh and up to

Rs.10.00 lakh then administrative approval of Panchayat Samiti and

technical sanction of Assistant Engineer is essential and in the case of

works costing more than Rs.10.00 lakh administrative approval of Zila

Parishad and technical sanction of Executive Engineer is essential.

With a view to achieve maximum participation in the meetings of theGram Sabhas it has been made mandatory that every Gram Sabha shall

hold four general meetings in each year on the predetermined days i.e.

on 1st Sunday of January, April, July and October.

There shall be constituted Up-Gram Sabha for each ward of the GramPanchayats and all members of the Gram Sabha residing within the area

of the ward shall be members of the Up-Gram Sabha.

PRIs at all the three levels viz. Gram Panchayat, Block Samiti and ZilaParishad levels have been empowered to constitute standing

committees.

Panchayats at all the above three levels have been empowered to raiseloans for creation of income generating assets without prior sanction of


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the Government if the project is assessed by the financial institutions as

economically/financially viable. However the Gram Panchayat shall be

required to obtain approval of the Gram Sabha for raising a loan.

The Gram Panchayats have been empowered to protect public propertysuch as sign boards, mile stones on public roads, paths, irrigation and

water supply schemes, public taps, public wells, hand pumps,

community centers, mahila mandal bhavans, school buildings and health

institution buildings. In case of violation of the orders of the Gram

Panchayats in the matter, the Gram Panchayat can also impose penalty

up to Rs.1000/- and in case of recurring breach, further penalty @

Rs.10/-per day with maximum up to Rs.5,000 can be imposed.

Panchayats have been authorized to levy taxes, fees, fines and cess.

It has been made mandatory that the village level functionaries of theAgriculture, Animal Husbandry, Primary Education, Forest, Health and

Family Welfare, Horticulture. Irrigation & Public Health, Revenue and

Welfare departments shall attend the meetings of the Gram Sabha.

Rates of various penalties and fines to be imposed by the Panchayatshave been increased.

(b) Powers and functions devolved under executive orders from time to time:-

With a view to strengthen democracy at the grass root level and to make the

PRIs viable institutions of self governance, the State Government has devolved

powers, functions and responsibilities relating to 15 departments, namely Agriculture,

Animal Husbandry, Ayurveda, Education, Food & Supplies, Forest, Health & Family

Welfare, Horticulture, Industries, Irrigation & Public Health, Public works, Revenue,

Rural Development and Social Justice & Empoerment to the Panchayati Raj Institutions

on 31st July, 1996 covering 27 subjects out of the 29 subjects as mentioned in the 11 th

Schedule of the Constitution. Besides the above, Government has also delegated

following powers by way of executive orders to the PRIs.

1. Preparation of Micro-Plans by Gram Panchayats2. Powers to decide about location of Institutions of Public utility.3. Powers to report on the physical attendance in their assigned areas of work

with regard to the grass root level functionaries.


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4. Village level committees of the department to be integrated with the standingcommittees of the PRIs set up.

5. Selection of beneficiaries under various schemes shall be done through GramSabha.

6. PRIs have been empowered to report about the physical attendance ofAyurvedic, Allopathic and Animal Husbandry Doctors, School Teachers,

Patwaris, Forest Guards etc. at their places of posting.

7. Chairpersons of Zila Parishads have been designated as the Chairpersons of theGoverning Body of the respective DRDAs.

8. Pradhan or Up-Pradhan of Gram Panchayats have been empowered for issuingfishing license to anglers for sports fishing and Chairpersons and Vice-

Chairpersons Panchayat Samitis for issuing license to professional fishermen forgeneral and trout water fishing and the money realized as license fee would be

retained by the concerned Panchayats as its revenue.

9. Cess of Rs.1/- per bottle of liquor sold in the rural area will be collected andtransferred to the Gram Panchayats for utilization in developmental activities.

10.Before grant of any lease of land for mining any mineral, a resolution from theconcerned Panchayat has been made compulsory.

11.Zila Parishads have been empowered to appoint Assistant Engineers against thevacant post of Assistant Engineer in DRDA(RDD) on contract basis for giving

technical guidance to PRIs.

12.Panchayat Samitis have been empowered to appoint Kanishth Lekhapal againstthe vacant posts of clerk/steno typist.

13.The Gram Panchayats have been made the appointing authority in respect ofthe grass root level functionaries such as Panchayat Chowkidar, Panchayat

Sahayak, Tailoring Mistress, Anganwari Worker/helper, Part time Water Carrier

in Primary Schools, Vidya Upasak/Para Teacher, Swasthaya Sahayak etc.

14.Primary School Buildings have been transferred to the Gram Panchayats andthe maintenance/repair and control of primary school buildings would be the

responsibility of Gram Panchayats.

15.Zila Parishad and Panchayat Samitis have been empowered to supervise theduties and functions regarding revenue matters, to assist the revenue officials

in identification of landless/houseless persons and formulation of policies for

utilization of government land and giving no objection certificates for such land

on lease at district and block level.


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16.Gram Panchayats have been empowered to collect the land revenue from theland owners/right holders and Gram Panchayats will use the collected land

revenue at their own level.

17.Gram Sabha resolution has been made compulsory before granting of any areaon money lease and installation of mineral based industry. The Gram

Panchayats have also been given powers to issue permits for the personal

bonafide use for extraction of sand, stone, bajri and slates.

18.Pradhans of Gram Panchayats have been appointed as Forest Officers to carryout the purposes of rule 11 of the Himachal Pradesh Forest Produce Transit

(Land Routs) Rules, 1978 for the issuance of pass for transport of minor forest

produce collected from the forest in respect of 37 items.

C. Levy of Taxes and Fees by the Panchayats:-

Presently Zila Parishad and Panchayat Samitis are not levying any tax,

fees, cess etc. However, Gram Panchayats have been empowered to levy the following

taxes and fees subject to the maximum rates fixed by the Government vide notification

dated 2nd November,1999:-

(i) House tax:S. No Particulars Maximum rate of

house tax

1. Where the person liable to house tax owns house

having the total built up area up to 40 Sq. mts

Rs.10/-per annum


having the total built up area from 40 to 100Sq.mts.

Rs.25/-per annum


having the total built up area above 100sq.mts

Rs.50/-per annum

(ii) Tax on extraction and export of sand, stone, bajri and slates:

(a) Tax on extraction and export of sand, stone, bajri and slates notexceeding Rs.10/-per truck and Rs.5/-per trolley.

(b) Tax on slates not exceeding Rs.50/-per truck.


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(iii) Fees:

(a)Teh -Bazari from the shopkeepers in the fairs at the rates as it may deemproper but not exceeding Rs.30/-per Square meter per day.

(b)Service fee including fee on cleaning streets and lighting of streets andsanitation at the rates as the Gram Panchayats may deem proper but not

exceeding Rs.20/- per month from those individual households/

shopkeepers /business establishment, who are being provided such services

by the gram Panchayats, keeping in view their paying capacity.

(c) Fee for registration of animals sold in the Sabha areas at such rates as maybe fixed by the Gram Panchayats subject to a maximum of 2% of the sale

price.

At present Gram Panchayats are collecting house tax based on flat rates

and not on the built up area. The average rate of house tax ranges from Rs.10/-to

15/-per annum. In addition to this very few Gram Panchayats are also levying tax

on sand, stone, bajri and slates because these items are not exported from every

Panchayats in whose areas fairs are being organized.

D. Servants of the Panchayats:

(i) Panchayat Chowkidar : One Panchayat Chowkidar at a monthlyremuneration of Rs.500/- per month is appointed by the Gram Panchayats.

(ii) Panchayat Sahayaks : Gram Panchayats have been empowered toappoint Panchayat Sahayaks on contract basis at a monthly remuneration

Rs.600/-.

(iii) Takiniki Sahayaks : It ahs been decided by the state Government that apanel of Takiniki Sahayaks will be drawn at the block level and there will be

one Takiniki Sahayak for every two Gram Panchayats in that block. The

Takiniki Sahayaks will be paid service fee @ 2% of the cost of work being

executed by the Gram Panchayats concerned.

(iv) Junior Engineers : Panchayat Samitis are authorized to appoint JuniorEngineer on contract basis against the vacant post. They are being paid

remuneration out of the Government grant @ Rs.6000/-per month in non


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tribal areas and Rs.7500/- in Tribal areas by the concerned Panchayat

Samiti.

(v) Assistant Engineers : Zila Parishads are authorized to appoint AssistantEngineers on contract basis against vacant posts at a monthly remuneration

of Rs.8000/-

(vi) Junior Accountants : Panchayat Samitis are also authorized to appointJunior Accountants on contract basis against the vacant posts of

Accountants, clerks and steno typists occurring in the office of the Block

development officers from time to time .They are being paid remuneration

out of the Government grants @ Rs.2500/-per month.

(vii) Personal Assistants Zila Parishads : Zila Parishads have beenauthorized to appoint Personal Assistant to the Chairman of Zila Parishad ata monthly remuneration of Rs.3000/-

E. Computerization of Panchayati Raj Institutions: To have IT enabled e-

governance it is proposed to computerize all the PRIs in a phased manner. In the

first phase all the Zila parishad, Panchayat Samitis and 1185 Gram Panchayats are

being computerized for which hardware has been purchased and installation has

started. During the financial year 2007-08,Computerization in these Panchayats will

be made operational having network connectivity from Gram Panchayats to Block

level, Block to District level and district to state level. In the next phase, the

remaining 2058 Gram Panchayats will also be computerized.

G. Training to the Newly Elected Office Bearers of the PRIs: The state

Government has started the training w.e.f. 27.5.2006.Training to the office bearers

of Zila Parishad is being imparted at the Himachal Pradesh Institute of Public

Administration (HIPA), Fairlawns Shimla. Training to Panchayat Samiti members is

being imparted at the Panchayati Raj Training Institutes located at Mashobra in

District Shimla and Baijnath at District Kangra. Training to the Pradhans and Up-

Pradhans is being imparted at District level training camps. Till date, 6212 out of

the total 6486 Pradhans and Up-pradhans of Gram Panchayats,172 out of 1676

office bearers of Panchayat Samitis and 201 out of 251 office bearers of Zila

Parishads have been imparted training. Training of remaining Pradhans and Up-

Pradhans of Gram Panchayats and office bearers of Panchayat Samitis and Zila

Parishads will be completed by the end of this financial year 2006-07. Training of


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16168 Gram Panchayat members will be started and completed during the next

financial year 2007-08.

E. Constitution of District Planning Committees: As per the requirement of

Article 243 of the Constitution of India, the District Planning Committees (DPCs)

have been constituted in all the districts. In view of making the DPCs functional

State Government has decided to abolish existing District Level Planning

Committees namely, District Planning and Twenty Point Programme Review

Committees and the existing District level Planning Cell of Planning Department

functioning currently in the ten non-tribal districts out of the total twelve districts of

the state have been placed under the control of Zila Parishad concerned to provide

technical assistance to the District Planning Committees. It has also been decidedthat the Backward Region Grant Fund (BRGF) of the two Districts namely Chamba

and Sirmour will be utilized for augmenting resources for the DPCs and Panchayati

Raj Department will be the Nodal Department for BRGF.

II. Local Self Governments

Urban Local Bodies before Independence in HP

In the pre-Independence period, the four main categories of municipalities were:-

Municipal Corporations City Municipalities; District Municipalities Town Municipalities.

The Municipal Corporation was distinguished by its structure as more powers and

autonomy were given to them with a common seal. The Magistrate was the Chairman.The characteristic features of a City Municipality were the large population as well as

the greater amenities of city life that increased the administrative problems. The

difference, however, between a District Municipality and a Town Municipality appears

to be the fact that the former was constituted in an ordinary town.


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Municipal Governance in Himachal Pradesh in the Post Independence Period:

After Independence, the central government found it desirable that civic bodies should

be run by elected representative and not by nominated councilors, which was the case

earlier. The Punjab Municipal Act, 1911 was applied to the Punjab Hill States and

Shimla Hill States. In 1948, there were hardly half a dozen municipalities.

Constitution: As a result of reorganization of Punjab with effect from 1 st November

1966, there were thirty civic bodies (18 Municipal Committees, 2 Small Town

Committees, 7 Cantonment Boards and 3 Notified Area Committees) in Himachal

Pradesh, which served a total population of 1,78,275. The Municipal Committees were

governed by the Punjab Municipal Act, 1911 and the Punjab Small town Act 1921governed small town committees. The small town committees were repealed by the

Punjab Municipal (Second Amendment) Act, 1954. The cantonments were governed by

the Cantonment Act, 1924. The term of these municipal institutions was five years.

Elections: The councilors in all the bodies were elected on adult franchise. The

President was elected from amongst the councilors. The State Government due to

reasons of neglect or incapacity to perform duties could remove the President. Every

municipality appointed a Secretary, an Executive Officer in case of Shimla Municipal

Committee. The function of the Secretary or the Executive Officer of the municipality

was subject to general control of the President.

Functions:

The functions of the municipalities fell under two categories, obligatory and

discretionary.

Obligatory Functions: There were ten obligatory functions as listed below:-

a) Scavenging and sanitary measures to keep public streets, public

markets and slaughter houses in healthy conditions;

b) Public vaccination and measures to prevent and check the spread of

dangerous diseases or epidemics;


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c) Regulation of the places for the disposal of the dead, and the

registration of births and deaths;

d) Construction, maintenance, alteration, and improvement of public

streets, bridges, culverts, causeways, latrines, privies, urinals, drains,

tanks, well etc;

e) Maintenance of public hospital, and dispensaries and providing

medical relief;

f) Providing primary education;

g) Extinguishing fires, protecting life and property against fire accidents;

h) Regulating or obtaining offensive or dangerous trades or such

practices;

i) Construction and maintaining residential quarters for the conservancy

staff; and

j) Obtaining a supply, additional supply of water and maintaining proper

and sufficient hygiene for preventing any danger to the health of the

inhabitants.

Discretionary Functions: The list of discretionary functions included the following

two functions:-

To run public utilities like passenger road transport and electric concern; To assist education above the primary level.

Finances: The municipalities were authorized to raise the following revenue:

a) Rate on building or lands or both on the rentable/rented value of properties.


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b) Service taxes like sanitary cess, drainage tax, water rate, lighting tax,generally to be assessed on the rentable value of properties except in case of

water.

c) Octroid) Any other tax in the State List provided the State Government approved the

levy of such taxes by the municipalities.

Control:

The State Government had supervisory power over the municipalities. If a municipality

failed to perform a statutory duty, the State Government could dissolve or supersede a

municipality on the ground of incompetence, or persistent default in performing itsduties.

Besides, the State Government could also notify any municipality with a population

exceeding 15,000 as a City Municipality.

The above state of affairs in the field of municipal government in Himachal Pradesh,

engaged the attention of the government, which felt that concrete steps were

necessary and this could only be done if there was a separate legislation for this

purpose. In this context, the Himachal Pradesh Municipal Act, 1968 was passed. The

State Government enacted a separate legislation by passing the Capital of Himachal

Pradesh (Development and Regulation) Act, 1968 (22 of 1969). for the development of

Shimla town and its suburbs.

The Government of Himachal Pradesh provided separate Municipal Acts for Municipal

Corporation and Municipal Committees. These Acts are Himachal Pradesh Municipal

Act,1968 and Himachal Pradesh Municipal (Amendment & Validation) Act,1980 for

Municipal Committees and Himachal Pradesh Municipal Corporation Act, 1979 for

Municipal Corporation, Shimla.

Elected representatives of urban local bodies ranged from minimum seven to

maximum twenty members. The provision of reservations for Scheduled Castes,

Scheduled Tribes should not exceed three. Against seven to nine members in

municipal committee, there existed one elected or nominated woman. If members are


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more than nine, then two women can be nominated, if women candidates fail to get

elected. The term of elected members of municipality was five years. There were

provisions regarding office-bearers of the municipality, viz, the President and the

Secretary.

The Committee System: There was provision for ad hoc committees viz. House Tax

Assessment Committee, Water Supply and Sewerage Committee, Finance and Contract

Committee, Roads and Building Committee. The Municipal Committees have powers to

appoint/constitute any other ad hoc committee as and when required.

Functions of the Municipal Government in Himachal Pradesh under the

Himachal Pradesh Municipal Act, 1968.

The Municipal Committee performed the following functions under Section 5(2) of the

Himachal Pradesh Municipal Act, 1968.

Obligatory Functions: mainly related to

Construction, maintenance and cleaning of drains, drainage work, publiclatrines, public parks, maintenance and means of water supply.

Registration of deaths and births, naming and numbering of street, Removal of filth, rubbish and other obnoxious or polluted matters, regulation of

places for the disposal of the dead and maintenance of such places.

Public vaccination and measures for checking the spread of dangerous diseases. The removal of dangerous buildings and places, maintenance of monuments

and memorials.

Discretionary Functions

The furtherance of education including cultural and physical education,organization and management of fairs and the exhibitions.

Registration of marriages. The planting and care of trees on the roadsides and elsewhere.


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Construction and maintenance of rest houses, poor houses, houses for deaf anddumb, for disabled and handicapped children, relief to destitute and disabled

persons.

Construction and maintenance of cattle ponds, establishment and maintenanceof veterinary hospitals.

At the time of formation of Himachal Pradesh (in 1971) there were 23 civic bodies and

7 cantonment boards the break up of which was a follows:

Types of urban local bodies in Himachal Pradesh in 1971

Type of ULBs Numbers

Municipal Committees 18

Small Town Committees 02

Cantonment Boards 07

Notified Area Committees 03

The categorization of towns on the basis of their population was: one Class III, four

Class IV, Six Class V and nineteen Class VI urban local bodies in the state. Thus, most

of the local self governments in 1971 in the state had a population of less than 5000.

The Himachal Pradesh Municipal Corporation Act, 1979:

The Municipal Committee, Shimla was dissolved on 27th June 1969 and replaced by a

Municipal Corporation consisting of one administrator and ten nominated members, out

of which one was to be a woman and one scheduled caste. Upto the constitution of the

Corporation, the Deputy Commissioner, Mahasu was appointed as Officer-in-charge

from June 27th, 1969. The Municipal Corporation, Shimla came into being from 1st

September 1970.

The Government of Himachal Pradesh enacted an Act to provide for the establishment

of Municipal Corporation for certain cities in the State. This Act, the Himachal Pradesh

Municipal Corporation Act 1979 (Act No. 9 of 1980) received assent on 22nd august

1980. The only Municipal Corporation of Himachal Pradesh, Shimla was constituted and


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governed under this Act. With this, Municipal Government in Shimla town entered an

altogether new phase.

The Himachal Pradesh Government in a December 1985 Notification divided Municipal

Corporation, Shimla into twenty one wards, out of which three were reserved for

Scheduled Castes in order to hold first ever elections to the corporation on May 14,

1986. Local M.L.A. was co-opted as Associated Member. To provide larger

representation to women, one woman was nominated by the Government of Himachal

Pradesh. To provide representation to minorities, one member each from Sikh, Muslim

and Christian communities were nominated under Section (2) (6) of the Himachal

Pradesh Municipal Corporation Act 1979 in July 1986. There was provision regarding a

Mayor and a Deputy Mayor also.

Committee Systems: There was provision for 4 standing committees: (a) Finance

and Contract Committee (b) House Tax Assessment Committee (c) Water supply and

Sewerage Disposal Committee and (d) Buildings and Roads Committee and Tree

Authority.

Terms of the Corporation: The term of the elected councilors was five years. The

term of the Mayor and Deputy Mayor was two and half years. The Mayor could be

removed from office by a resolution passed by majority of the councilors but not less

than two third.

Special Representation to Women: If no woman is elected to the corporation or the

number of women so elected is less than two, the elected councilors shall co-opt in

accordance with the provisions of sub-section (2) of Section 6 of Act 1979, two women

or such number of women as fall short of two, who is or are otherwise qualified to be

elected councilors of the corporation. It was also provided that if the number of women

to be co-opted is two, one of them shall be a woman engaged in the work of sweeping

and scavenging in the jurisdiction.

Functions of Municipal Corporation under Himachal Pradesh Municipal

Corporation Act, 1979


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The Municipal Corporation, Shimla performs following functions under Sections 43 and

44 of Himachal Pradesh Municipal Corporation Act, 1979.

Besides the Obligatory Functions of Municipal Committee enumerated earlier, the list of

functions of the Corporation was expanded to include the follow:-

The reclamation of unhealthy localities, the removal of noxious vegetationand generally the abatement of all nuisances.

The construction and maintenance of municipal markets, slaughter housesand their regulation.

Regulation and abatement of offensive or dangerous trades or practices.

The securing or removal of dangerous buildings and places. The construction, maintenance, alteration and improvement of public

streets, bridges, culverts, causeways, public parks, gardens or recreation

grounds.

Lighting and maintenance of public streets, naming and numbering ofstreets and premises.

The maintenance of municipal offices, monuments and memorials. The maintenance of a fire brigade and the protection of life and property in

the case of fire, if no fire brigade is provided by any other agency in the

city.

The maintenance and development of value of all properties vested in orentrusted to the management of the corporation, and

The fulfillment of any other obligation imposed by or under this Act or anyother law for the time being in force.

Discretionary Functions

a) The Corporation may in its discretion provide either wholly or in part forall or any of the matters relating to furtherance of cultural and physical

education, establishment and maintenance (including aid) of libraries,

museums, art galleries, botanical or zoological collections, stadiums,

gymnasia, akharas and places for sports and games; planting and care

of trees on road sides and elsewhere;

b) Registration of marriage, census;


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c) Civic reception to persons of distinction, provision of music andentertainment in public places, theatres and cinemas;

d) Organization and management of fairs and exhibitions;e) The construction and maintenance of rest-houses, poor-houses,

infirmaries, childrens homes, houses for deaf and dumb, disabled and

handicapped children, shelters for destitute and disabled persons,

asylums;

f) The construction and maintenance of veterinary hospitals, cattle ponds;g) Welfare measure for employees of the corporation;h) The organization or management of chemical or bacteriological

laboratories for the examination or analysis of water, food and drugs for

the detection of diseases or research connected with the public health ormedical relief;

i) The organization, construction, maintenance of wash houses, bathingplaces and other institutions designed for improvement of public health;

j) The organization and management of farms and diaries within or out ofthe city for supply, distribution and processing of milk and milk products

for the benefits of the residents of the city;

k) The organization and management of cottage industries, handicraftscentres and sales emporia;

l) The construction and maintenance of warehouses and godowns, garagesheds and stands for vehicles and cattle biers;

m)The provisions for unfiltered water;n) The improvement of the city in accordance with improvement schemes

approved by the corporation, the provision for accommodation for the

inhabitants of any area or for any class of inhabitants.

o) The establishment and maintenance of hospitals, dispensaries andmaternity and child welfare centres and carrying out of other measures

necessary for public medical relief;

p) Supply and distribution of electricity to the public; andq) Any measure not herein before specifically mentioned, likely to promote

public safety, health convenience or general welfare. The list of functions

enumerated, above can be summarized as follows:


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FUNCTIONS PERFORMED BY MUNICIPAL CORPORATION SHIMLA

BEFORE 74TH CONSTITUTION AMENDMENT ACT

Particulars Function

Obligatory Discretionary

I General Administration

i) Information and Publicity ii) Maintenance of Records iii) Numbering of Houses

II Core Functions

i) Street lighting ii) Water supply iii) Sanitation iv) Drainage & Sewerage v) Town Planning

III Development Functions

i) Housing ii) Education iii) Public Health iv) Social Welfare

IV Maintenance Functions

i) Sanitation ii) Roads

V) Miscellaneous Functions Source: Annual Administrative Report, Shimla MC.

Functions taken away from Municipalities

The following functions were taken away from the Municipalities in Himachal Pradesh

from time to time:

Functions taken away from the Municipal Corporation Shimla

Functions Taken Over Year

Municipal Transport 1956


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Municipal Schools 1957

Municipal Colleges 1961

Cart Road Maintenance 1962

Hospitals and Dispensaries 1968

Fire Brigade 1972

Electricity 1974

Food Laboratories 1976

Abolition of Octroi 1981

Integration of Municipal Services 1994

It may be seen in the above table that a number of functions given to municipal

bodies in the State have been taken away from them at various stages.

Types of Urban Local Bodies in Himachal Pradesh

Before 74th Constitution Amendment 1991

Type of urban Local Body No. of Urban Local

Bodies

Municipal Corporation 01

Municipal Committees 19

Notified Area Committees 30Cantonment Boards 07

Census Towns 01

Total 58

Source : Census of India 1991

The distinctive feature of each category is as follows

(a) Municipal Corporations

Municipal Corporations, the local self-government institutions in the big cities are

characterized by more powers and wider autonomy. A distinctive feature of the

Corporation system of municipal government is the statutory distribution of powers

among three coordinate authorities, viz;, the corporation, the Commissioner and the

standing committees. The Corporation consists of elected representatives. The

Commissioner heads the executive administration, and is appointed by the State


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Government. The Corporation appoints the Standing Committees under the provisions

of the Act itself and or through delegation. The Mayor is the head of the Corporation,

but he/she has no executive powers. It is the Commissioner who as Chief Executive

Officer supervises the day-to-day administration of the Corporation.

The bifurcation in the Corporation system is designed to separate the deliberative and

executive functions. The Corporation is the deliberative wing, and the Commissioner is

in charge of executive responsibilities. The same device for the division of powers is

followed all over India in the case of Municipal Corporations.

A special feature of the bigger Municipal Corporations such as Calcutta, Delhi and

Madras is the existence of sub-municipal units called Borough Committees in Calcutta,Zonal Committees in Delhi and Circle Committees in Madras. To these Committees are

delegated many of the purely local functions such as vaccination, registration of births

and deaths, cleaning of streets and other local improvement works.

(b) Municipal Committees:

Just as in the case of the Municipal Corporations, the major features of the structure of

the Municipal Committees had been laid in the nineteenth century and continue to this

day. Municipal Committees are the local self-government institutions in the bigger

towns with a population of 30,000 or more, but not big enough to form Corporations.

Municipal Committee consists of elected councilors and a Chairman or President whom

the councilors elect.

Compared to the Corporations, the Municipal Committee has less powers and less

autonomy. Another main feature of Municipal Committees is their integrated structure.

Unlike the Corporations, the Committee has an integrated structure, with no

separation of powers among coordinate authorities. The Chairman, who is the head of

the deliberative wing or committee, is also the Chief Executive. The current trend

however in almost all the States is towards making statutory provisions for the

appointment of executive officers responsible for day-to-day administration. The

committee system is also in vogue, but the number and pattern of committees is not

uniform throughout India.


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Municipal Council, Dharamshala A Brief History

The first step towards the introduction of local government in Kangra district was the

constitution of municipalities at Dharamshala, Kangra and Nurpur in 1867, 1872

respectively. The first Act pertaining to Municipal local government in the district was

the Act XV of 1867. Act XV of 1872 repealed this Act. Both these Acts were very

simple with very little in common with the existing Municipal Act. The Kangra District

Gazetter 1904 indicates that Dharamshala Municipality was a Class-I municipality.

The Municipal Committee, Dharamshala was reconstituted in 1919 under Act 3 of

Punjab Municipal Act, 1911 and was declared as Class-II municipality. This

notification laid down that the municipal committee would consist of 12 members, sixelected and six appointed by government either by name or by official designation.

The nominated members of the municipal committee were the Deputy

Commissioner, the Civil Surgeon, the Divisional Forest Officer, the Executive

Engineer, the Superintendent of Police and an officer nominated by the Officer

Commanding, Dharamshala Cantonment. The Deputy Commissioner was elected by

name as the President of the Committee. In 1964, elections were held. In December

1973, the number of members was raised to 13 including one reservation for

Scheduled Castes. During 1978 elections the elected members were 13.

After the implementation of 74th Amendment Act, the Dharamshala Municipal

Committees status was changed to Municipal Council, Dharamshala, with eleven

member Council and two members being nominated by Government. It is governed

under Himachal Pradesh Municipal Act, 1994. The area of the town is 18.63 Sq. km

and serves a population of 19034, according to 2001 census.

(c) Cantonment Boards

Cantonments are military stations that grew up during the British regime for historical

reasons of their own. They are governed directly by the Central Ministry of Defence

under the Cantonment Act of 1924. In each Cantonment, there is a cantonment Board

which is partly elected and partly nominated, and its key officials such as the medical

and engineering personnel ar drawn from the military on an ex-officio basis.


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Municipal Council Hamirpur A Brief history

There was no municipal or small town committee in the district till 1965. Hamirpur

was a part of Kangra district, and accordingly the district Board, Kangra looked after

the development and sanitary functions in rural areas. A network of schools was

managed by the Board till their provincialization in 1957. The District Board was

abolished in 1962. At present, there is only one municipal committee at Hamirpur.

Hamirpur Notified Area Committee came into existence in December 1965 with

eleven nominated members. Six were officials and five non-official members wereSub-Divisional Officer(Civil), Hamirpur, Assistant Engineer(B&R), Public Works

Department, Doctor in charge, Primary Health center, Hamirpur, Executive engineer

(HPSEB), Assistant Engineer(public Health) and Tehsildar, Hamirpur. In May, 1974

the Notified Area Committee was upgraded to Municipal Committee with Class II

status. Eleven members were elected in the committee. The number of members of

the committee was increased to fourteen, out them eleven were elected, two women

members were co-opted and MLA from Hamirpur Constituency was the associate

member. The elections to the committee were held in June 1978.

With the implementation of 74th Constitution Amendment Act, 1994, the Municipal

Committee was converted into Municipal Council with eleven elected and two

nominated members. The area of Municipal Council, Hamirpur is 12.28 sq. km. and

the population is 17219 according to 2001 Census.

(d) Notified Area Committees:

The Notified Area Committees are some kind of stop gap arrangements for areas

which are fast developing as new urban areas but which are not yet ripe for municipal

governance. There are such committees existing at present in eight states and one

union territory. All the members of these committees are nominated by the State

Governments, which vest the committees with specific powers in accordance with the

provisions of the prevailing Municipal Acts.


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(e) Town Area Committees

The Town Area Committees are set up for small towns and entrusted with limited local

functions. The members of these committees are either fully nominated or partially

nominated and partially elected. There are such committees at present in six states ad

one union territory.

The 74th Constitution Amendment Act, 1992

The Government of India passed the 73rd and 74th Constitution Amendment Acts in

order to devolve powers to local bodies. It would be pertinent at this stage to take a

view of the rational of decentralization in urban local bodies in order to gauge their

performance in Himachal Pradesh.

The Objectives of Decentralization

The objectives of Decentralization exercises taken up by central government can be

grouped under three categories:

Political Objectives:

1) Promotion of democracy at the grassroots level;2) Transfer of power to the people for the provision of civic services;3) Representation in civic bodies to certain social, political, ethnic and religious

groups who matter significantly in terms of national goals but would not

otherwise have had influence on decision-making;

4) Decision role of elected representatives in planning, programme implementationand public service delivery; and

5) Improved equity in allocation of government resources for investment in publicservice.

Instrumental Objectives:

1. Improved municipal administration in terms of responsiveness to local problemsand effectiveness in dealing with them;

2. Increased autonomy and accountability in municipal affairs; and


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3. Encouraging private and Non-governmental provisions of public services.

Economic Objectives:

1. Efficiency in production and delivery of local public goods and services.2. Internalization of local benefits and costs;3. Better matching of residents preferences and public services provided.4. Enhanced local government capacity to implement civic programme;5. Matching of local functional responsibilities and local finances.6. Increased mobilization of local resources and directing funds towards public

sector;

7.

Development of an inter-governmental transfer system based on soundeconomic principles; and

8. Facilitating planned social and economic development.

Though decentralization exercises tend to address a number of overlapping objectives,

some of which may even be potentially conflicting, the primary aim is that of taking

power to the people, give them an efficient and responsible mechanism for provisions

of local public goods and services. The achievement of this objective is the central

problem of local self government.

The 74th Constitution Amendment Act, 1992 aimed at Constitutional guarantees to

safeguard the interest of urban local government to enable them to function as

effective democratic and self-governing institutions at grass-root level. It provides a

Constitutional forum to the structure and mandate of these bodies.

The main objective behind the 74th Constitutional Amendment was decentralization of

power and ensuring peoples participation in planning, management and delivering of

civic services. This Act brought about some fundamental changes in the system of

municipal governance and its main features are as follows:

1. It mandates that if a local government is dissolved, it shall be reconstituted byholding elections within six months. This is to ensure the continuity of elected

municipal governments and civic affairs by directly elected representatives.


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2. A framework is provided for earmarking government functions for urban localbodies through the 12th Schedule of the Constitution.

3. The States are to set up Finance Commission to recommend to their legislaturesmeasures on state-local revenue sharing and improving resources and

functioning of local bodies.

4. Constitution of Metropolitan and District Planning Committee, with critical roleassigned to the elected representatives of the people in preparation and

monitoring of development plans, is mandatory.

Duration of elected municipal government, participation of women and weaker sections

in urban affairs and an enabling framework for efficient delivery of public services were

regarded as appropriate to be covered by Constitutional provisions. Accordingly, the74th Amendment Act provided for:

Regular and fair conduct of municipal elections by constituted state electioncommissions.

Limiting the state power to do away with democratically elected municipalgovernment.

Adequate representation to weaker sections and women in municipal bodiesthrough reservation of seats.

Constitution of Ward Committees in Municipalities with a population of 3 lakhsor more, with no bar on such committees in cities having lesser population, to

ensure peoples participation in civic affairs at grassroots level.

Specialization by law, through the state legislation, of the power and functionalresponsibilities to be entrusted to Municipalities and Ward Committees.

Placing relationship of state government and urban local bodies on firm footingwith respect to local taxation powers ad revenue-sharing between states and

local authorities through State Finance Commission, to be set up every five

years; and


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Involvement of elected representatives in planning at District Metropolitan level.

The 74th Amendment is a pointer to the decentralization of the State to

bestow power to the people to plan for themselves and participate in the

decision making process. With this Amendment, the urban local self-

governance units have not only received Constitutional sanction, but

important provisions have also been made for this level of government

which would lead to improvement of the financial health of the municipal

bodies, rationalize their structure and functions and ensure a greater

degree of meaningful involvement of the people in the process of

planning and development at local levels.

LEGISLATIVE DEVELOPMENT IN HP AFTER 74th CONSTITUTION

AMENDMENT ACT

The 74th Constitutional Amendment act envisaged that the governments of the

state and union territories would take action to pass new legislation or amend

existing laws by May 31st 1994 to being them in conformity with the Constitutional

provisions. This task of conformity legislations was completed in the year 1994.

The 74th Amendment created a legal right in favour of each local body and this

right was constitutionally enforceable. Perhaps for the first time, local bodies

acquired the real and effective status of local government. It was expected that

units of local government were to acquire more and more administrative powers

and financial autonomy. The constitution of local bodies has been made obligatory

on the part of Government by Article 243-Q of the Constitution.

Himachal Pradesh Government enacted two new Acts, as a sequel to the 74 th

Amendment i.e. (i) Himachal Pradesh Municipal Act, 1994 and (ii) Himachal

Pradesh Municipal Corporation Act 1994, thus constituting Nagar Panchayats

and Municipal Councils and the Municipal Corporation of Shimla, respectively. The

above classification has been done according to Section 3 of Himachal Pradesh

Municipal Act, 1994. The Government of Himachal Pradesh also incorporated

additional functions discussed earlier in the Himachal Pradesh Municipal

Corporation Act, 1994.


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Present Composition of Urban Local Bodies in Himachal Pradesh

There are three kinds of Urban Local Bodies in the state (a) Nagar Panchayats (b)

Municipal Councils and (c) Municipal Corporation demarcated on the basis of

population, revenue generation, area and economic importance as follows:

1) Nagar Panchayat: for a Transitional Area with a population exceeding2,000 and generating the revenue of Rs. 5,00,000 for local administration.

2) Municipal Council : for a smaller urban area (urban) with populationexceeding 5000 and generating annual revenue exceeding Rs. 20 lakh for

local administration.

3) Municipal Corporation: for a larger urban area with a populationexceeding 50,000 and generating annual revenue exceeding Rs. 2 crores forthe local administration and which has been declared to be a municipal area

under Section 3 of Himachal Pradesh Municipal Corporation Act, 1994.

At present, Himachal Pradesh has 19 Municipal Councils, 29 Nagar Panchayats and 1

Municipal Corporation and their district wise distribution is given as below:

District wise position of Urban Local Bodies in Himachal Pradesh

(Post 74th Constitution Amendment) 2001 Census

District Total Number of Urban Local Bodies

Municipal

Corporation

Municipal

Councils

Nagar

Panchayats

Cantonment

Board.

Shimla 13 01 02 06 01

Kangra 10* -- 04 04 01

Solan 08 -- 03 02 03

Mandi 05 -- 02 03 --

Chamba 05 -- 02 01 02

Una 05 -- 01 04 --

Kullu 04 -- 01 03 --

Bilaspur 04 -- 02 02 --

Hamirpur 04 -- 01 03 --

Sirmour 03 -- 02 01 --

*One Census Town, Mant Khas (Kangra), Source: Census of India, 2001.


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The main features of the HP Municipal Corporation Act 1994 and the HP

Municipal Act 1994 relating to elections, reservations are as follows:

(a) Duration : another important feature of the 74th Amendment is the duration of

urban Local Bodies. Article 234-4 of the Constitution of India and Section 5 of

Himachal Pradesh Municipal Corporation Act, 1994 and Section 14 of the HP Municipal

Act, 1994 have provided this.

The duration of urban local bodies shall be 5 years. If it dissolved in mid-term, then

the election must be held within a period of six months. But duration of municipality,

which has been dissolved, shall be for the reminder of the period and not for a full de-novo term of five years. Elections to the Municipal Corporation must be held along with

other municipalities.

(b) Elections: Holding of regular elections at specified intervals both for rural and

urban local bodies has been made a Constitutional obligation for the first time under

the 73rd and 74th Amendment Acts. Article 243-(3) mandates that an election to

constitute a Municipality shall be completed:

a) Before the expiry of its duration/tenureb) Before the expiry of a period of six months from the date of its

dissolution.

Provided that where the remainder of the period for which the dissolved Municipality

would have continued is less than six months, it shall not be necessary to hold any

election under this clause for constituting the Municipality for such period.

Article 243-(4) states: A municipality constituted upon the duration shall continue only

for the remainder of the period for which the dissolved Municipality would have

continued under clause (I) had it not been so dissolved. The State Governments were

required to incorporate these provisions in their respective municipal acts in the spirit

of the Constitution Amendments. Consequently, it has become a Constitutional

obligation on the part of the state governments to hold elections well within the time

frame.


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The Himachal Pradesh Government has incorporated the above in the Himachal

Pradesh Municipal Corporation Act 1994 and also in Himachal Pradesh Municipal Act,

1994 for holding elections of the urban local bodies. Section 5(i) of Himachal Pradesh

Municipal Corporation Act, 1994 states that the corporation, unless sooner dissolved

under Section 404 of this Act, shall continue for five years from the date appointed for

its first meeting.

Section 9(i) States that the superintendence, direction and control of the preparation

of electoral rolls, delimitation of wards, reservation and allotment of seats by rotation

for and the conduct of all elections to the Corporation, shall be vested in the State

Election Commission.

The State Election Commission was constituted by the state Government under section

160 of the Himachal Pradesh Panchayati Raj Act, 1994 and under Articles 243-K and

243-ZA of the Constitution of India.

One of the main features of the Himachal Pradesh Municipal Corporation Act, 1994 and

HP Municipal Act 1994, is that the members of urban local bodies shall be directly

elected and persons not directly elected shall not have the right to vote (e.g.

nominated members). This provision has the support of Article 243-R of the

Constitution of India.

(c) Number of seats for Elected Representatives in ULBs of Himachal Pradesh

The municipalities constituted under Section 3 shall constitute such numbers of elected

members not less than seven as may be determined by the State Government, by

adopting the criteria given below:

Criteria of Determining Number of Elected Representatives in ULB of HP

Population Members(in numbers)

Not exceeding 5000 7

Exceeding 5000 but not exceeding 10,000 9

Exceeding 10,000 but not exceeding 20,000 11



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Exceeding 50,000. 19

Source HP Municipal Act, 1994

(d) Reservation of Seats: As per the Municipal Acts applicable in Himachal Pradesh,

the pattern of reservation in ULBs follows the reservation pattern stipulated in the 74 th

Constitution Amendment Act.

In Shimla Municipal Corporation in the first election, out of 25 seats the seats for

women were 8 and that for Scheduled Castes were also eight. There was no

reservation for Schedule Tribe population as their population in Shimla MC isnegligible. During last election (2002), the total number of seats were 24, reservation

of seats for women and Scheduled Castes were 8 each and out of 8 women, one was

Scheduled Caste. The status of reservation in Shimla Municipality in last two elections

is also follows:

NUMBER OF SEATS IN SHIMLA MUNICIPAL CORPORATION

DURING LAST TWO ELECTIONS

Ward No. 1st Election 2nd Election

Reservation Status Reservation Status

1 General General

2 General Women

3. Women General

4. SC General

5. General Women

6. Women General

7. General S.C.

8. Women General

9. General S.C.

10. Scheduled caste General

11. Scheduled Caste General

12. Women General

13. General General

14. Women S.C.


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15. General Women

16. General General

17. General Women

18. Scheduled Caste General

19. General (SC Women)

20. General Women

21. Women Women

22. General General

23. Women Women

24. Women General

25 General Merged

Source: Report of State Election Commission, Himachal Pradesh

(e) Elections after 74th CONSTITUTION AMENDMENT ACT: the first round of local

body elections after the 74th Constitution Amendment Act were held in 1995. The

second round of election took place in 2000 (for Nagar Panchayats and Municipal

Councils). Elections to the Shimla Municipal Corporation took place in May 1997 and

2002.

The total number of elected representatives of Municipal Councils are 183(19)Municipal Councils), 221 in 29 Nagar Panchayats and 25 elected representatives of

Shimla MC (as per 2002 election). The total numbers of seats for all the local bodies

were 341 during the first elections and 430 during the second elections.

The elections to Municipal Councils/Nagar Panchayats were last held in December 2000

for 406 wards in 19 Municipal Council and 29 Nagar Panchayats. 160 wards were

reserved exclusively for SCs/STs and women. 9 out of 48 seats of Chairpersons were

earmarked for SCs, 1 for ST and 13 for women. There is a further sub quota for

women among SCs/STs seats to ensure that an overall 33% reservation for women

existed, as per Constitutional requirements. Thus, elections providing reservation as

stipulated are taking place in Himachal Pradesh.


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(f) Standing Committees in Urban Local Bodies:

Te Himachal Pradesh Municipal Corporation Act 1994 (section 40) and Himachal

Pradesh Municipal Act 1994 (section 51) mandates three types of Standing Committees

in ULBs in Himachal Pradesh as follow:

1. General standing committee.2. Finance, Audit and Planning committee.3. Social Justice Committee.

1. General standing Committee: The General standing committee shall perform

functions related to the establishment matters, communications, buildings, urbanhousing, relief against natural calamites, water supply and all residuary matters.

2. Finance, Audit and Planning Committee: This committee shall perform the

functions relating to the finance of municipality, framing of budget, scrutinizing

prospects of increase of revenue, examination of receipts and expenditure statements,

consideration of all proposals affecting the finance of municipality, general supervision

of the revenue and expenditure of the municipality and corporation, small saving

schemes and any other functions related to the development of municipal area.

3. The Social Justice Committee: Promotion of education and economic, social,

cultural and other interests of SC&ST and Backward classes, women and other weaker

sections of the society.

a) Protection from social injustice and all other forms of exploitation.b) Amelioration of SC, ST and Backward Classes, Women and other weaker

sections of the society.

c) Securing social justice to SC,ST women and other weaker sections of thesociety.

Social Justice Committee shall include at least one member who may be a woman or a

member of SC or ST.


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The standing committees shall perform the functions referred to above to the extent

powers are delegated to them by the municipality.

Each committee shall consist of not less than 3 and not more then 5 members

including the president or vice-president, as the case may, elected by the members of

the municipality from amongst the elected members.

The president shall be the ex-officio member and also chairperson of the General

Standing Commitee and Finance, Audit and Planning Committee. The Vice President

shall be the ex-officio member and Chairman of Social Justice Committee.

No elected member of the municipality shall be eligible to serve on more than twostanding committee.

Ward Committee-Proximity to Citizens

Another important feature of urban local bodies are Ward Committees, a compulsory

provision for towns with population of more than 3,00,000. The state government has

the discretion to appoint such committees in smaller towns also.

The provision to constitute Ward Committee came from the idea that there is a need to

bridge the gap between the elected representatives and their electorate so that activity

in any area reflects the aspirations of the people and the elected representatives are

directly accountable to the people. The need for effective participation of the people

themselves in the governance of their cities has become an imperative.

Composition: The ward committees will consist of elected members from wards, local

MPs, MLAs, chairpersons of various committees, other persons having special

knowledge but without voting right.

FUNCTIONS OF URBAN LOCAL BODIES IN Himachal Pradesh

1. Article 243-W constitutionally requires that state legislature must provide suchpowers, authority and responsibilities to Urban Local Bodies as may be


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necessary to enable them to function as institutions of self-government. A new

Schedule, the 12th Schedule was added in the Constitution, which identified

eighteen spheres in addition to the conventional functions of the municipalities.

Both the Himachal Pradesh Municipal Act 1994 and Himachal Pradesh Municipal

Corporation Act 1994, list all the 18 functions as that of urban local bodies with the

provison that notifications regarding the devolution of powers be issued by the

concerned department. But out of 18 functions mentioned in the 12th Schedule, only

half of the functions (9 in number) are performed by the ULBs as seen in the following

table. In order to perform the remaining functions, the ULBs are dependent on other

departments.

Status of Functions being performed by ULBs as 12th Schedule

Functions as per 12th Schedule Being performed by whom

Urban Planning including town planning Town & Country Planning Department

Regulation of land use and

construction of buildings

Town & Country Planning Department

Planning for economic and

social development

Town & Country Planning

Department.

Roads and bridges Public Works Department

Water supply for domestic, industrial

and commercial purpose

Irrigation & Public Health Department

Public health, sanitation conservancy and

solid waste management

Urban Local Bodies.

Fire services Fire Department.

Urban forestry, protection of the

environment and promotion of ecological

aspects.

Forest Department.

Safeguarding the interests of weaker section

of society, including the handicapped and

mentally retarded

Social Justice & Empowerment

Department.

Slum improvement upgradation Urban Local Bodies

Urban Poverty Alleviation Urban Local Bodies

Provision of Urban amenities and facilities

such as parks, gardens and playgrounds

Urban Local Bodies


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Promotion of cultural, educational and

aesthetic aspects.

Public Relations Department.

Burials and burial grounds, cremations,

cremation grounds and electric

crematoriums.

Urban Local Bodies

Cattle ponds and preventions of cruelty to

animals.

Urban Local Bodies

Vital statistics including registration of births

and deaths.

Urban Local Bodies

Public amenities including street lighting,

parking lots, bus-stops and public

convenience.

Urban Local Bodies +

State Electricity Board+

State Road Transport CorporationRegulation of slaughterhouses and

tanneries.

Urban Local Bodies

Source: Directorate of Urban Development

As seen in the Table above, a number of agencies are involved in the performance of

functions listed in the 12th Schedule. ULBs perform only nine out of the eighteen

functions devolved to them.

However, in the case of Municipal Corporation, Shimla the situation is slightly different

as compared to Municipal Councils/Nagar Panchayats as seen in the following Table:

Table showing functions performed by Municipal Corporation, Shimla after 74th

Constitution Amendment Act (as per 12th Schedule of the Constitution).

S.

No.

Functions Whether transferred or

not

1. Urban Planning including Town Planning Not yet

2. Regulations of land use and construction of

buildings.

Already vested in MC Shimla

3. Planning for Economic and Social Development Not yet

4. Roads and Bridges. Already vested in MC Shimla

5. Water supply for domestic, industrial and

commercial purpose.



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6. Public health, sanitation conservancy and solid

waste management.


7. Fire services. Not yet

8. Urban Forestry, protection of environment and

protection of ecological aspects.

Not yet

9. Safeguarding the interests of weaker sections of

society including the handicapped and mentally

retarded.

Not yet

10. Slum improvement and upgradation Not yet

11. Urban Poverty Alleviation Not yet

12. Provision of Urban Amenities and facilities such as

parks, gardens and playgrounds.

Not yet

13. Promotion of cultural education and esthetics

aspects.

Not yet

14. Burials and burial grounds, cremation, cremation

grounds and electric crematoriums.


15. Cattle pounds, prevention of cruelty to animals. Already vested in MC Shimla

16. Vital statistic including registration of births and

deaths.


17. Public amenities including street lighting, partinglots, bus stops and public convenience

Already vested in MCShimla.

18. Regulations of slaughter house and tanneries. Already vested in MC Shimla

Sources: MC Shimla (Administrative Report, 1996)

Extent of Devolution: an Analysis

In order to deepen the analysis, it would be worthwhile to evaluate the provisions in

the conformity legislations regarding three of the most important aspects of municipal

decentralization, namely functional decentralization, financial decentralization and

popular participation in the provision and monitoring of affairs of Municipal

government.

Functional Decentralization

In view of 74th Amendment Act the state government has legislated all the functions

listed in the 12th Schedule as legitimate municipal functions. Sections 43 and 44 of the


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Himachal Pradesh Municipal Corporation Act, 1994 provide the obligatory and

discretionary functions to be performed by the ULBs. These functions are an

identical reproduction of Sections 43 and 44 of the repealed Himachal

Pradesh Municipal Corporation Act, 1979. Section 42 of Himachal Pradesh

Municipal Corporation Act 1994 empowers the State Government to issue notifications

to determine the various additional functions of the Corporation on the subject itself in

Section 42(1)(a&b) and further heads (i) to (xviii) and 12 th Schedule of Constitution

corresponding to Article 243 W. Therefore, apart from obligatory functions and

discretionary functions of the ULBs, some additional functions are bestowed on the

corporation

Most of the Urban Local Bodies are under-equipped to perform functions which havebeen delegated. To illustrate, the total sanctioned strength of staff on 31.3.1999 for

Dharamshala MC and Hamirpur MC was 81 and 62 respectively and staff in position as

on 31.3.1999 was 68 and 33, respectively.

The rationale behind the inclusion of new responsibilities such as: (i) Urban Forestry,

protection of the environment and promotion of ecological aspects, and (ii) urban

poverty alleviation under the 12th Schedule is that these functions which are of

tremendous social importance is best handled locally. The conformity legislation

indicates that there are tremendous differences regarding whether the above

mentioned functions ought to be local, obligatory or discretionary. Perhaps there is

doubt whether the ULBs will be able to shoulder these responsibilities or not. It may,

however, be mentioned here that while some functions are appropriate for

municipalities, it is not necessary that they be financed by corporations collected

revenue. There may be valid reasons to link them to inter government transfers.

The following table shows the functions, performed by the ULBs at present (inclusive of

pre and post 74th Amendment to the Constitution of India.

Functions performed by Municipal Corporation Shimla at present.

(Inclusive of pre and post 74th Amendment)

Sr.

No.

Functions


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I General Maintenance (Administration

i) Maintenance of Records

II Core Functions

i) Street lighting

ii) Water-supply

iii) Sanitation

iv) Drainage/Sewerage

III Development Functions

i) Maintenance/Development Activities.

ii) Construction of parking spaces, public amenities

iii) Conversion of dry latrines to hand flush and rehabilitation

iv) Implementation of SJSRYIV Maintenance Functions

i) Sanitation

ii) Roads

iii) Drains

iv) Water Supply System

V. Miscellaneous functions

i) Erection and maintenance of parking places.

ii) Markets and slaughter house

iii) Parks etc.

iv) Maintenance of Municipal properties and offices

v) Assessment and collection of taxes/fees, etc.

vi) Sweeping of public streets and drains

vii) Removal and dumping of rubbish

viii) Running and maintenance of labour hostels and working women

hostels etc.

Source: MC Shimla (Administrative Report 1996)

Stake Holders In Urban Governance in Himachal Pradesh

As has been pointed out earlier, some of the other Stakeholders involved in urban

Governance in the existing framework besides the Directorate of Urban Development

in the State are:


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1) Town and Country Planning Department: Three functions namely urbanplanning including town planning, planning for social and economic

development and construction of buildings which are to be devolved to loca

bodies according to the 12th

Schedule of the Constitution are currently being

taken care of by he Town & Country Planning Department.

2) HP State Electricity Board is responsible for the provision of street lights invarious ULBs for public and private use.

3) Irrigation and Public Health Department is responsible for the provision of watersupply for domestic, industrial and commercial purposes in all areas under the

jurisdiction of ULBs.

4) HP Public Works Department is responsible for the construction of roads andbridges in all ULBs.

5) HP Forest Department is responsible for urban forestry, protection ofenvironment and promotion of ecological aspects.

6) Social and Women Welfare Department is responsible for safeguarding theinterests of weaker sections of society and implementing all welfare schemes in

ULBs.

Other stakeholders in the government domain are HP State Pollution Control Board,

State Council for Science, Technology and Environment and the department of

Industries.

The District Administration also plays a crucial role in maintaining and monitoring

various development projects within the jurisdiction of urban local bodies. This set up

seems to indicate to some level of overlapping of functions and in a sense, this has

also lead to corrosion of the autonomy of urban local bodies.

Besides these government departments, various NGOs help urban local bodies perform

their task effectively and efficiently.

District Planning Committees

All the Municipal Acts in India provide for functions/duties and responsibilities to be

carried out by the municipal government. Article 243 ZD(i) of the Constitution

Amendment Act provides for constitution of District Planning Committees (DPCs) to


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consolidate the plans prepared by the Municipalities and Panchayat in the districts and

to prepare a draft development plan for the district as a whole.

With this provision integrated regional planning has been recognized by the

Constitution where investment, its spatial impact and development are to be

considered and realized. The constitution of District Planning Committees as per the

74th Constitution Amendment Act has a bearing on the Regional and Town Planning Act

and other Acts in which planning, land use related provisions have been made. The

DPC as envisaged in the Constitution Amendment Act is a prominent statutory

committee and will be largely responsible for coordination of development activities in

the area; the existing development authorities in DPC area may provide necessary

technical input and thus contribute to the effective functioning of the District PlanningCommittees.

The functions of District Planning Committees as provided in the Constitution

Amendment Act include aggregation of fiscal and investment plan for Annual/Five Year

Planning, Article 243-2D(3a) elaborates the scope of District Planning Committees to

include spatial planning, sharing of water and other physical and natural resources,

integrated development of infrastructure and environment conservation.

The Himachal Pradesh Government has made provisions for District Planning

Committees under Section 185 of Himachal Pradesh Panchayati Raj Act, 1994 to

consolidate the development plans prepared and submitted to it by the Municipalities

in the District, under sub-section (i) and prepare a draft development plan for the

district as whole.

Under Section 421 of Himachal Pradesh Municipal Corporation Act, 1994 and Section

260 of the HP Municipal Act, 1994, urban local bodies shall prepare every year a

development plan for its area and submit it to the District Planning Committee.

The persons to represent the municipalities in the District Planning Committee, under

Section 185 of the Panchayati Raj Act, 1994, shall be chosen by the elected members

of the Municipalities in the District in the prescribed manner from amongst themselves.


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Every District Planning Committee shall in preparing the draft development plan have

regard to:-

Matter of common interest between the municipalities and Panchayatsincluding spatial planning, sharing of water and other physical and natural

resources, the integrated development of infrastructure and environment

conservation.

The extent and type of available resources whether financial or otherwise. Consult such institutions and organizations as the state government may

specify. The chairpersons of every District Planning Committee shall forward

the development plans as recommended by such committees, to the State

Government.

The following functions can be assigned to the DPC under Article 243-2D (3a)

Preparation of Draft Development Plan including spatial and economic planningof the district with reference to the common interest between the Panchayats

and municipalities.

Rationalization of investment allocation on an annual basis for the district.

Approval of guidelines for planning and building controls.

Decision about sharing of resources including water between different bodiesurban and rural with the district.

Resolution of conflicts regarding peripheral area and hinterland.

Matters relating to resources of water supply, sites of disposal of sewage, solidwaste, etc.

panchayati raj institutions & local self govt

Documents