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Sample 1 PDF
Sample 1 PDF
INTRODUCTION
OF MUNICIPAL
CORPORATION
CHAPTER 1
INTRODUCTION OF MUNICIPAL CORPORATION
1.1 Introduction 1
References 29
CHAPTER 1
INTRODUCTION OF MUNICIPAL CORPORATION
1.1 Introduction
for the administration of civic affairs of the top class cities in the country.
Municipal government in India has been in existence since the year 1687
with the formation of Madras Municipal Corporation and then Calcutta and
Towns Act was passed by the government of India that established a system
Lord Ripon's Resolution of Local Self Government created the outline and
India Act brought local government under the purview of the state or
' Dr. Maheshwari Shriram, Local Government of India, Orient Longmain Publication, New
Delhi, April 1971, Page No. 1 - 30, 171 - 192.
- Publicadminstrationtheontheon.blockspot.in/2012/09/urban-local-govemment-
municipal-html/
Municipal Corporation is the top and highest form of urban local
cities, villages, and incorporated towns: in other words it has been applied to
any unit of government below the level of country. But whether used in
Rome extended its sway over most of the world it knew, it found itself face
provinces without, at the same time, provoking the displeasure of the local
^ Benjamin Baker, Urban Government, Dr. Van Nostrand Company, INC, Toranto, 1957, Page
No. 37.
inhabitants. It met this difficulty by making the cities of the provinces its
city, which had extensive power over its own inhabitants, granted similar
privilege to the municipal. The Roman endowed their cities with corporate
status, and it is from the Romans that we have obtained the idea of a
municipal corporation.
business, cities, towns, village, and some boroughs are called municipal
corporations because they have the power to conduct business with the
private sector.''
constitutions and statutes all over the world. In some instance, it is employed
been applied to any unit of government below the level of the country. The
juristic entity stems largely from Roman practice. The term 'Municipal
community of prescribed area and continues succession and for the purpose
the purpose of assisting in the civil government of the state and regulating
government. It is created by law and depends for its existence as well as its
they are endowed with government powers, but these rights, privileges and
powers are conferred upon as trustees of the public welfare and are subject
4
to the legislative powers of the state within the limits of the constitutions,
within the sphere assured to them by their charters. However, they are
known as local self-government. This term originated when the country was
under British administration and did not enjoy any self-government either at
the centre or state levels. When a decision was taken by the British
slice of self- govemment for the people. But today the term self govemment
has lost its significance as the country enjoys self -government both at the
central and state levels. In fact, in the Indian constitution the term used is
"* www.shodhganga.com - Powers & Functions and Control of Municipal Corporation of Patiyala, Chapter
No. 5, Page No. 192-193
' http://www.unescap.org
the population increases and the locaHty grows, more problems like
facilities for education, public health, etc.arise and become more intense. All
government is today much more important in the daily life of a citizen than
1 Entry 4 in List III (state list) of the seventh schedule reads : "Local
authorities and other local authorities for the purpose of local self-
status; secondly, its power to raise finance by taxation in the area under it's
may said to have been made in 1687 when, for the first time a local
government body a municipal corporation was set up for the city of Madras.
Local government is thus slightly less than three centuries old in India.
Broadly it may be divided into the following five periods, each period
modeled after similar institutions then in vogue in Britain and clothed with
the authority to levy specified taxes. The municipal corporation was set up
because the East India Company believed that the people would willingly
pay. In 1726 the municipal corporation was replace by a mayor's court,
which was more a judicial body than an administrative one. The evolution of
local government in India had to wait until 1793 when it acquired a statutory
base the charter act of 1793 established municipal administration in the three
promising field for this purpose. Lord Ripon is known as father of local
not less than 5 Lakh and annual income of not less than one crore of rupees.
rather too rigid and cannot become exclusive criteria for the conversion of a
development.
taxation.
There are certainly no exact criteria. Indeed, all these would considered
valid for constituting any kind of urban government in an area. The truth is
that the state is the sole judge of which city should be converted into a
Although corporations vary both in population and revenue, they all share
3. The Mayor is the head of the corporation and holds office for a
including even the power to dismiss the council and take over the
administration.
The term corporation lends itself to two meanings. It may mean the
Under sub- section (2) and (3) of section 5 of the Bombay Provincial
fix by notification in the official Gazette, for each city for which a
of India in the matter of constitution, power and laws of the Urban Local
Goel S.L., Urban Local Self-Govemment Administration & Management in the 21'
Century, Deep & Deep Publication Pvt.Ltd., New Delhi, Page No. 90 - 91.
10
Bodies and Municipal Corporations under the chairmanship of the Chainnan
1 Municipal Corporation
Amendment Act provide that the area for different types of urban bodies
would be specified by the Governor of the State, taking into account the
of the legislative (or the deliberative) wing and the executive wing. Most
of their members are directly elected on the basis of adult franchise. The
8
http://publicadministrationtheone.blogspot.in/2012/09/urban-local-govemment-
municipal.html.
11
constitutes the deliberative wing which taken decisions. The Municipal
2 Municipal Council/Committee/Municipality
Legislature and the criteria for setting it up vary from state to state. The
Councils are elected representative for a period of five years. The town
elected from each ward. Wards may be grouped together into ward
In urban planning, a Notified Area is any land area put aside by legal
12
set up for an area which does not yet fulfill all the conditions necessary
5 Cantonment Boards
sizeable civilian population also joins the developing area. This form of
were first set up under the Cantonment Act in 1924. These boards are
13
generally administrated by the Defence Ministry. Board consists of
elected and nominated members and the officer commanding the station
is the President of the board. An elected member holds office for three
years whereas the nominated ones continue as long as they hold office in
that station.
6 Townships
Several large sized public enterprises have been set up in India. Near
the plants, housing colonies have been built for the staff and workers.
well as rural areas are drawn to them and, resultantly, Small Township
evolves around them. The townships are well planned and contain
14
that exclusive welfare it is planned. This concept is based upon two
2 Legal position:
creature of state and largely, a product of its law. Subject to the limit
3 Dependent Status
Corporation use only those powers which are given by the State
the powers for determining the area, size of its council, responsibilities
and powers, term of office, financial resources and can also dissolve it in
15
4 Right of local self-government
from the concept of self- governance. The right of local autonomy is not
regarded as an absolute right but rather one that arises from the fact that
it is more suitable for the state to permit local people to handle matters
state government.
justification for existence is that it seeks to provide for the welfare of all
its citizens.
16
7 Self-administration
managed by the people of its own area for their common welfare on the
17
Notified Area *Set up by State government in Abolished
Committee medium and small towns
In 1961 one out of every five Indians lived in urban areas. Ten years
earlier i.e. in 1951, one Indian out of every seven was town-dweller. By
1981 one -fourth of Indian's population would be living in towns. Thus the
urban population has been increasing at an accelerated rate. The role and
into the large city and finally into the metropolitan region. Step by step, as
the city developed, life for the urban people became increasingly complex.
Generally, as the individual found his self incapable of dealing with the
top most, not in the sense that it exercises authority over other forms of
facilities and services may be listed as water supply, drainage and sewerage,
3. To administer the city with such large levels of population and the
drainage and other public safety services such as ambulance and fire
status but only a statutory status under state law. Therefore, the
governance of urban areas was directly under the control of the state
th
Amendment Act, 1992. For the first time in the history of urban
administration. However, they are not granted voting rights. The 74'
issue for state legislation and the structure differs from state to state. '^
corporation, there are two broad practices in trend in the country. Functions
the same in all states. Uniformity is, thus the key-note; any difference is
uncommon. And, what is more, the difference may occur only in the listing
Obligatory functions
purpose.
- www.indiacode.nic.in/colweb/amend74.html
Dr. Maheshwari Shriram, Local Government of India, Orient Longmain Publication,
New Delhi, April 1971, Page No. 174
22
2. Supply of electricity : The lighting of pubHc streets, municipal
services.
public places.
change and regulation of places for the disposal of the dead and
23
provision of new places for this purpose and disposing of unclaimed
bodies.
corporation.
16. Subject to adequate provision being made for the matters specified
Discretionary functions
1. Construction of public parks, gardens, libraries, museums, theaters.
2. Public housing.
24
3. Planning and care of trees on road sides and elsewhere.
8. Registration of marriage.
12. The regulation of lodging houses, camping grounds and rest houses in
the city.
corporation.
25
15. The furtherance of educational objects other than those mentioned in
animals.
17. Paying the salaries and allowances, rent and other charges incidental
sewage.
Step by step as the city developed, life for the urban people became
of dealing with the problems around him, municipal intervention took place
in on his behalf
26
1.11 Organization Structure of Municipal Corporation^^
The 74"" Constitution Amendment Act does not specify any specific
legislation and the structure differs from state to state. The Ministry of
use.
Commissioner System
1 Mayor
year which is renewable. The Mayor does not have executive authority.
-•' www.cityiTiayors.come/govemment/india_govemement.html
27
seven and sixteen through a system of proportional representation of
councillors.
2 The Executive
classified into two broad categories : those listed in the statute creating
Committee.
as the principal under the supervision of the Mayor who is the Chief
Executive Officer.
28
References:
Publication, New Delhi, April 1971, Page No. 1 - 30, 171 - 192.
2. Publicadminstrationtheontheon.blockspot.in/2012/09/urban-local-
govemment-municipal-html
6. http://www.unescap.org
9. http://publicadministrationtheone.blogspot.in/2012/09/urban-local-
govemment-municipal.html.
29
10.www.shodhganga.com - Powers, Fuctions & Control of Municipal
14. www.indiacode.nic.in/colweb/amend74.html
16. www.citymayors.come/govemment/india_govemement.html
30