Municipal Corporations And Councils
In India, the urban areas are administered by different types of local bodies, namely, corporations, municipal councils (municipalities), town area committees, notified area committees, and Cantonment Boards. A brief explanation of the various urban areas is given below:
Municipal Corporation
The municipal corporation is the topmost form of urban local government. A municipal corporation is set up under a special statute passed by the state legislature, except in Delhi. The Union Parliament is empowered to set up the corporation of Delhi. Cities such as Bombay, Madras, Delhi, Patna, Hyderabad, Ahmedabad, Bangalore, Kanpur, Calcutta and others have the corporation form of urban government. The corporation comprises of members called councillors. These councillors are elected on the basis of adult franchise. The size of the council varies from State to State, as it is primarily related to the population of the city. There is a provision for reservation of seats for Scheduled Castes and Scheduled Tribes. The number of such seats is determined from time to time by the State government. The term of the council varies from three to five years. The Corporation is managed by the Mayor, a Standing committee and a Municipal Commissioner. Functions of Municipal Corporation: The Acts dealing with corporations envisage the functions of a corporation. The functions are divided into two categories : 1) obligatory and 2) discretionary; the obligatory functions include functions which must be performed by the municipal corporation like supply of wholesome water, supply of electricity, Road transport services, constructions, maintenance, naming and numbering of public streets, Lighting, watering and cleaning of public streets and other public places, Scavenging, removal and disposal of filth and rubbish,
Construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals, etc. securing or removal of dangerous buildings and places, Removal of obstructions and projections in or upon streets and other public places, registration of births and deaths etc. The discretionary functions include functions like construction of public parks, public housing, planting and care of trees, relief to destitute and disabled persons, destruction or detention of ownerless dogs or stray pigs or detention of animals causing a nuisance etc.
Sources of Income
The sources of income of municipal corporations may be classified as follows: 1) tax sources, 2) non-tax sources, 3) remunerative enterprises, and 4) grants-in-aid.
Tax Sources
A corporation is generally empowered to levy the following taxes: Property tax, Tax on vehicles and animals, Theatre tax, Tax on advertisements (other than newspapers)., Profession tax, Education tax, Entertainment tax, Tax on consumption and sale of electricity, Betterment tax on increase in urban land values caused by the execution of any development or improvement work.
Non-Tax Sources
The non-tax revenues include fees relating to buildings, fees under communications, and licence fees for dangerous and offensive trades. Remunerative Enterprises: The corporation is empowered to maintain remunerative enterprises like poultries, cinema theatres and other commercial complexes to get revenue.
Grants-in-aid
Grants-in-aid plays an important role in the finance of local bodies in India. The urban local bodies get various types of grants from the State and Central governments.
Municipal Council
The municipal council form of Urban government is meant essentially for cities where the provision of civic amenities to the city dwellers becomes pressing but at the same time, the civic problems have not grown too complex warranting handling by a municipal corporation. The Municipal councils are governed by the Municipal Acts of the States. A municipality or municipal council comprises councillors elected on adult suffrage. It consists of three types of
members: councillors, ex-officio members and Aldermen. There is a provision for the reservation of seats for scheduled castes and scheduled tribes. The number of such seats is determined from time to time by the State Government. The size of the council depends upon the population of the town. It varies from state to State. There is also a provision for the election of Aldermen. The Aldermen are elected by the elected councillors and ex-officio members. The Aldermen are not eligible to become chairman or vice-chairman. The tenure of the municipal council varies from three to five years. The councils are managed by a Chairman, an Executive Officer and the Councillors.
The functions and sources of income of a municipality and a municipal corporation are more or less identical,
Notified Area Committees
A notified area committee is created for an area that does not yet fulfil all the conditions laid down as necessary for the constitution of a municipality but which otherwise is considered important. It is also constituted for a newly developing town. The formation of this committee is notified by the state government – in the government gazette-hence, called notified area committee. The committee functions within the framework of the municipal act of the state but only such provisions of the municipal act apply to it as are notified in the government gazette. The government may also entrust to it powers exercisable under any other act: The notified area committee enjoys all the powers of the municipal council but unlike the council, its members including its chairman are nominated by the state government. It is an entirely nominated body.
Town Area Committees
Town area committees are meant for small towns. Town area committees are governed by separate acts passed by the state government. The members of a town area committee may be elected or nominated. The committee takes care of certain basic and essential functions.
Cantonment Boards
Cantonment Boards are created to manage the areas in which the military is permanently stationed. The cantonments are really centrally administered areas, being placed under the direct administrative control of the Ministry of Defence in the central government in sharp contrast to other forms of local government which are under the control of the state government. The Cantonment Board is a local body constituted under the Cantonments Act, 1924. Like other forms of local government, it is a body corporate having perpetual succession and a common seal with power to acquire and hold property and to enter into contracts and capable of suing and being sued.
The Cantonment Board consists of both elected and nominated members usually in the ratio of 7: 8 respectively. The president of the board is the officer commanding the station. The number of urban local governments has been increasing s a result of an increasingly urban and suburban population. However, there has been no uniformity in the structures. Besides, urban local governments have been beset with various problems like lack of finances, increasing arbitrary control by the states, lack of proper planning etc.
In order to offset these problems and to grant statutory status ‘to the urban local bodies, the Parliament has enacted the 74th Amendment Act in 1992 which came into operation in 1993.
This act has added a new Part IX-A to the Constitutional of India. It is entitled “The Municipalities’ and consists of provisions from Articles 243-P to 243-ZG. In addition, the act has also added a new Twelfth Schedule to the Constitution. It contains eighteen functional items of municipalities.
Check out this link for notes on the Salient Features Of The 74th Amendment Act.