Introduction
The concept
of participatory governance was introduced by Constitution (74th Amendment)
Act, 1992 (the Nagarpalika Act), on June 1, 1993. The Constitution (74th Amendment)
Act provides a framework to enable participation of citizens in urban
governance. The 74th Amendment which was
adopted by the Parliament in 1993, for the first time in India
The 74th Amendment introduced Wards Committees
in Municipal Corporations (Article 243 -S) to enable people to prioritise
execution of basic civic amenities in their wards and thus improve the quality
of governance by enunciating their active and direct participation. Such
interaction would help deepen the process of democratisation also of the civic
administration.
Maharashtra’s Experience
Though the 74th
Amendment was promulgated in 1994 in Maharashtra through state conformity
legislation – The Maharashtra Municipal Corporations and Municipal Councils
(Amendment) Act 1994; Wards Committees were formed in Municipal Corporations in
Maharashtra only after the NGOs filed an Writ Petition in the High Court in 1999; so that the Court could give direction that
Wards Committees be set up throughout the State of Maharashtra pursuant to the
74th Constitutional Amendment and the respective state conformity
legislation, and that the State of Maharashtra codify specific norms for the
selection of Non-Governmental Organisations (NGOs) and Community Based
Organisations (CBOs) for participating in the functioning of the Wards
Committee[2].
Even though there has been a notification
issued on inclusion of NGOs/ CBO representatives in Wards Committees in Maharashtra in September 1999, very few Municipal
Corporations have seen their inclusion in the Wards Committees. Navi Mumbai Municipal Corporation, Ulhasnagar
Municipal Corporation, Pimpri-Chinchwad Municipal Corporation, Pune Municipal
Corporation and Municipal Corporation of Greater Mumbai are some of the
Municipal Corporations who have nominated NGO / CBO representatives in wards
committees[3]. Nashik
Municipal Corporation does not have NGO/CBO nominated members in Wards Committees.
New Initiative :
Model Nagar Raj Bill
This being the case there was a felt need to further
decentralize the mechanism of Wards Committees and in order to make
participation of people a reality. Thus the concept of Area Sabha was introduced
in the Model Nagar Raj Bill by Ministry for Urban Development, Government of
India, New Delhi
Functions and Duties of
the Area Sabha as per the Model Nagar Raj Bill
An Area Sabha may, having regard to its managerial,
technical, financial and organizational capacity, and the actual conditions
obtaining in the municipal area, perform and discharge the following functions
and duties, namely -
(a) to generate proposals and determine the priority of
schemes and development programmes to be implemented in the jurisdiction of the
Area Sabha and forward the same to the Ward Committee, or in its absence, the Municipality,
for inclusion in the developmental plans of the Ward Committee or Municipality
as the case may be;
(b) to identify the most eligible persons from the
jurisdiction of the Area Sabha for beneficiary-oriented schemes on the basis of
criteria fixed by the Government, and
prepare list of eligible beneficiaries in order of priority and forward the
same for inclusion in the developmental plans of the Ward or Municipality;
(c) to verify the eligibility of persons getting various
kinds of welfare assistance from Government such as pensions and subsidies;
(d) to suggest the location of streetlights, street or
community water taps, public wells, public sanitation units, and such other
public amenity schemes within the area of the Area Sabha;
(e) to identify the deficiencies in the water supply and
street lighting arrangements in the Area Sabha jurisdiction and suggest
remedial measures;
(f) to assist the activities of public health centres in
the area, especially in disease prevention and family welfare and create
arrangements to report on the incidence of epidemics and natural calamities;
(g) to provide and mobilise voluntary labour and
contributions in cash and kind for development programmes, and to supervise
such development works through volunteer teams;
(h) to undertake and support tax mapping, and to remind
Area Sabha members of their obligations to pay municipal the Government, and
prepare list of eligible beneficiaries in order of priority and forward the
same for inclusion in the developmental plans of the Ward or Municipality;
Functions of Wards
Committees
The Chairperson of the Wards Committees was expected to
conduct a meeting annually for consultation on:
1.) Preparation
of Ward Plan
2.) Preparation
of Ward Budget
3.) Preparation
of Ward maps, ward infrastructure index and other alternate functions
The Model Nagar Raj Bill had also many recommendations for
Wards Committees like Spatial Planning in which the Wards Committees could participate
in development plans of the city, enforcing zoning and land regulations use, participate
in creation and enforcement of new instruments like transferable development
rights, etc.
Activities of Wards Committees were also mentioned in the
Nagar Raj Bill such as Preparation of Calendar, Preparation and Compilation of
Annual Ward Plan to be integrated into Annual Municipal Plan, Preparation of Ward
Budget, Maintenance of Accounts by Constitution of Ward Finance Committee,
Perusal of Bills, Supervisory Mechanisms were recommended for Wards Committee
to create checks and balances over the government personnel in the ward, Ward
Information and Statistical Committee was to be formed for various development
and planning work. Comprehensive intervention for urban poor activities was also
recommended in the Model Nagar Raj Bill.
However all these recommendation were left for the State
Governments to implement in the Municipal Corporations within their domain.
- Maharashtra
Municipal Corporation and Municipal Councils (Second Amendment) Act 2008
introduced the concept of Area Sabha.
The Maharashtra State Government introduced a bill dated
23rd April 2008 stating in the Statement of Objects and Reasons “The
Centrally Sponsored Scheme namely Jawaharlal Nehru National Urban Renewal
Mission is being implemented in the State under which the financial assistance
from the Government of India is being received by the State Government for
various infrastructure projects of Municipal Corporations. As per the Memorandum of understanding entered
into by Government of India and the State Government it is necessary inter alia to institutionalize citizens’ participation in municipal
functions. For that purpose the
Government of India Ministry of Urban Affairs and Poverty Alleviation has circulated
a Model Nagar Raj Bill for the consideration of all the states.
After the careful consideration of the said Model Nagar
Raj Bill, the Government of Maharashtra considers it expedient to provide for the
establishment of Area Sabhas, which will be the lowest tier in the hierarchy of
the Municipal Corporation and Municipal Councils by suitably amending the
Mumbai Municipal Corporation Act, The BPMC Act, 1949, The Nagpur Municipal
Corporation Act 1948 and the Maharashtra Municipal Councils, Nagar Panchayats and
the Industrial Townships Act 1965”. The Bill was called the Maharashtra Municipal
Corporation and Municipal Councils (Second Amendment) Act 2008. However the
provisions made under this Act were totally in contravention to those suggested
by Model Nagar Raj Bill. The Act differed with Model Nagar Raj Bill by
mentioning that the Area Sabha Representative will be nominated by the
Corporation. The Model Nagar Raj Bill had suggested that Area Sabha
Representative shall be elected.
The Functions and Duties of Area Sabha Representatives
were to suggest priority schemes and development programmes implemented in the
area of Area Sabha and forward the same to the Ward Committee for inclusion in
the Development Plan of the Municipal Corporation. This provision also differs
from the one in Model Nagar Raj Bill in which one of the Area Sabha’s functions
was to generate proposals and determine the priority of schemes and development
programmes to be implemented in the jurisdiction of the Area Sabha.
The other functions of Area Sabha as per the 2008 Bill
were also of nominal nature such as to suggest location of street lights, street
or community water taps, public wells, public sanitation units and such other
public amenities schemes within the area of the Area Sabha; to identify deficiencies in the water supply
and street lighting arrangements in the area of Area Sabha; to assist the activities of public health
centres especially in prevention of diseases and family welfare and create arrangements
to report on the incidence of epidemics and natural calamities etc.
Thus the Maharashtra Municipal Corporation and Municipal
Councils (Second Amendment) Act 2008 was a totally diluted version of the Model
Nagar Raj Bill. There was no attempt made to either increase people’s
participation nor empower and strengthen the Wards Committees. However this
Bill though passed by Legislative Assembly and discussed in Legislative Council
which recommended changes, was later withdrawn and replaced by another Bill
called Maharashtra Municipal Corporation and Municipal Councils (Amendment) Act
2009. The Chairperson of the Area Sabha is the Councillor of the Ward and the
Secretary of the Area Sabha is an officer appointed by the Corporation not
below the rank of Office Superintendent. Thus the attempt of Model Nagar Raj
Bill to have elected Area Sabha Representative from among common citizens has
been completely defeated by the Maharashtra Municipal Corporation and Municipal
Councils (Amendment) Act 2009 as they have nominated the Councillor as Area
Sabha Representative. The functions of the Area Sabha Representatives are the
same as mentioned in 2008 Bill. There is no attempt to strengthen Wards
Committee nor any attempt to have elected Area Sabha Representative from among
the common citizens. Thus empowerment of citizenry, people’s participation in
governance at grass root level, accountability, transparency have all remained
on paper and nothing in practice.
In the Statement of Objects and Reasons of the 2008 Bill
as well as of the 2009 Bill introduced in Maharashtra State Legislative
Assembly there is no reference or
connection mentioned to Constitution (74th
Amendment) Act, 1992 or its objectives of making governance decentralized, to
ensure transparency and accountability and responsiveness and make it
participatory for citizens. Instead it has been mentioned that “As per the
Memorandum of understanding entered into by Government of India India
In the Statement of Objects and Reasons of the 2008 Bill as
well as in 2009 Bill it is mentioned that “An
opportunity is being taken to provide for changes in the functioning of the Wards
Committee necessitated due to formation of Area Sabhas”.
However no
significant provisions to empower Wards Committees either functionally or
financially are made in either of these Bills as suggested by Model Nagar Raj
Bill.
Thus the latest Maharashtra Municipal Corporation and
Municipal Councils (Amendment) Act 2009 has not made any concrete change in the
existing structures of Municipal Corporations in Maharashtra to ensure participatory
governance. Even this Bill that has been passed by both the houses of the State
Legislature is awaiting implementation.
Way Ahead . . .
Though there have been several rounds of discussions and
debates on implementation of Constitution
(74th Amendment) Act, 1992 and strengthening of the Wards Committees it has not
been reflected in the Bills tabled in the Maharashtra State Legislative
Assembly Sessions. It is the responsibility of the Maharashtra State Government
to implement the Seventy-fourth Amendment in the letter and spirit and at least
create Wards Committees which are functional in the Municipal Corporations in Maharashtra in which they have not been created so far. The
Maharashtra Government should take this opportunity to strengthen the Wards
Committees by delegating Administrative and Financial powers to them. The
Maharashtra Municipal Corporation and Municipal Councils (Amendment) Act 2009 which
is still awaiting clearance should be implemented with immediate effect and its
implementation could be reviewed by State and Civil Society.
Comparative Table of Model Nagar Raj Bill and Maharashtra State
|
Details
|
Model Nagar Raj
Bill
|
Maharashtra
Municipal Corporation and Municipal Council (Second Amendment) Act 2008
|
Maharashtra Municipal
Corporation and Municipal Council (Amendment) Act 2009
|
|
Size of Area Sabha
|
Area Sabha Representative for 1-5 polling booths.
|
Area Sabha Representative for 1-5 polling booths.
|
Area Sabha Representative for 1-5 polling booths.
|
|
Mode of Selection – Election/ Nomination/ None of the
above
|
Area Sabha Representative shall be elected and any registered voter in an area shall file his
nomination for the office of Area Sabha Representative.
|
Area Sabha representative shall be nominated. The Corporation shall in the manner prescribed,
nominate an Area Sabha Representative for each area. Any registered voter in
an area shall be eligible for nomination to the office of Area Sabha
Representative.
|
The Chairperson of the Area Sabha shall be the Councillor.
|
|
Functions of Area Sabha: Decisive/Suggestive /Tokenistic
|
Functions of Area Sabha – decision making powers with
the people. E.g. Planning and Development – to generate proposals and
determine priority of schemes and development programmes to be implemented in
the jurisdiction of the Area
Sabha.
|
Functions of Area Sabha – decision making powers merely
suggestive.
- to suggest the priority of schemes and development
programmes to be implemented in the area of the Area Sabha. Thus planning is
only of suggestive nature.
|
Functions of Area Sabha – decision making powers merely
suggestive.
- to suggest the priority of schemes and development
programmes to be implemented in the area of the Area Sabha. Thus planning is
only of suggestive nature.
|
|
Empowering Wards Committees
|
Strengthening of Wards Committees through Development
Planning,
Financial Planning an Administrative Planning.
|
No mention of strengthening of administrative or financial
functions of Wards Committees in this Act of 2008 despite mention in the Statement
of Objects and Reasons: An opportunity is also taken to provide for changes
in the Functioning of the Wards Committees, necessitated due to establishment
of Area Sabhas.
|
No mention of strengthening of administrative or financial
functions of Wards Committees in this Act of 2008 despite mention in the
Statement of Objects and Reasons: An opportunity is also taken to provide for
changes in the Functioning of the Wards Committees, necessitated due to
establishment of Area Sabhas.
|
This paper has been circulated on 9th January 2010 in a workshop held at All India Institute of Local Self Government.
[1] Shetye Chandana, 2006, Functioning of Wards Committees in
Maharashtra: A Case Study, in Sivaramkrishnan K.C. (edit), People’s
Participation in Urban Governance, Published for Institute
of Social Sciences , by Concept
Publishing Company, New Delhi-
[2] Ibid
[3] Data gathered from the respective Municipal Corporations in 2004.
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