Urban Bodies

Municipalities and CorporationsIn rural areas the Panchayati Raj Institutions- Panchayats, BlockSamitis and Zilla Parishads - serve and help the people.Municipalities and Municipal Corporations do the same work inurban areas.There are two types of Local Self Government units in urbanareas:

i) Municipalities, and (ii) Municipal Corporations.

DIFFERENCES BETWEEN A MUNICIPAL CORPORATIONAND A MUNICIPALITYThere are some differences between a Municipal Corporationand a Municipal Committee.(1) Municipal Corporations is meant for big cities havingpopulation as big as that of a district. Generally, theirpopulation is 10 lakh and above. On the other hand,Municipal Committees are meant for small cities and towns.(2) As Municipal Corporations has to serve larger populations,they have more powers than the Municipal Committees orPanchayats.(3) As Municipal Corporations has more responsibilities andmore functions to do, they have larger resources at theirdisposal as compared to Municipal Committees.(4) The Municipal Corporations usually deal directly with theState Governments but the Municipal Committees have tofirst of all go to the district administration and through tothe State Government.In our country, there are more than fifty cities, which havecorporations. A few of them are Delhi, Mumbai, Pune,Kolkata, Chennai, Ahmedabad, Jabalpur, Nagpur, Kanpur,Allahabad, Lucknow and Patna.MUNICIPAL CORPORATIONComposition: A corporation is an elected body. The numberof the elected members depends upon the population of thecity. The residents of the city whose age is not less than 18 yearsand who are registered as voters are for the purpose elect themembers. A person who wants to contest an election formembership must not be less than 25 years of age. For thepurpose of elections, the city is divided into several wards. Eachward has to elect one member. There are special wards forHarijans, which are called ‘Reserved’ seats. Only Harijanmembers can contest elections from these wards. The numberof wards and the members elected are not the same in all thecorporations.All those members who are elected directly by the residents ofthe city are the elected representatives of the people. They arecalled Councillors. These Councillors elect some other memberswho are respected citizens and are known for their experience

and eminence. These members are known as Aldermen.Office Bearers - Mayor and the Deputy Mayor: All the membersof the Corporation elect a Mayor and a Deputy Mayor. TheMayor presides over the meetings and looks after the work ofthe Corporation with the help of the executive officers like theMunicipal Commissioner, the Chief Engineer, and the ChiefMedical Officer. In the absence of the Mayor, the Deputy Mayordischarges his duties. The Mayor and the Deputy Mayor areelected for one year.Permanent Officials: Besides the above office-bearers, there areseveral paid officers who help the former in running theadministration of the Urban Local Bodies like the Corporationand Municipalities. The chief among them are the ExecutiveOfficer, the Secretary, the Health Office, the Sanitary Inspectors,the Municipal Engineer, Overseers, Octroi Inspectors, EducationOfficers, etc. all these officials have to perform specificfunctions of their own. The Chief Executive Officer is generallythe senior most officers or the local body. He supervises thework of the body. The health officer assisted by the sanitaryinspector look after the health and sanitary and medical servicesfor which the local body is responsible. The chief engineer,assisted by the overseers, look after the construction ofbuildings, roads and bridges etc. the education officers lookafter primary education of the city. The octroi inspector isresponsible for the collection of octroi duty or the terminal taxon goods brought into the city or town.All these officers help and advise the elected members in solvingthe different problems of the city or town. Unlike themhowever do not belong to any political party.MUNICIPALITYMunicipalities or Municipal Committees manage the cities witha population of more than twenty thousand. The members ofMunicipal Committee, who generally number between 15 to 60,are also elected in the same way as the members of a Corporation.These members elect a President and a Vice President.Their duties are the same as of the Mayor and the Deputy

URBAN BODIES

INDIAN GOVERNM ENT AND POLITICSMayor. The President of a Municipal Committee presides overthe meetings and carries out the functions with the help of theexecutive members in accordance with the policies approved bythe elected members. As mentioned above, a number ofpermanent officers like the Executive Officer, the Secretary, theHealth Officer, the Education Officer, the Municipal Engineer,etc. carry out the different functions of the Municipality.A few important cities wh ich have Municipal Committees areMeerut, Jaipur, Ludhiana, Rohtak and Chandigarh.M AIN FUNCTIONS OF M UNICIPALITIES ANDCORPORATIONS

As you have already read, the main functions of the local bodiesare to solve thelocal problems of the citizens and to look after their needs forbetter living conditions. Their main functions can be dividedinto compulsory and voluntary functions:Compulsory Functions1. Public H ealth: The first thing that the civic bodies do is totake necessary steps for public health. For the treatment ofdiseases, hospitals and dispensaries are opened in differentlocalities employed. Even costly medicines are given free tothe poor patients.Vaccination and inoculations are carried out against suchdiseases as Smallpox, Cholera, Tuberculosis and otherepidemics. Steps are also taken for sanitation and cleanliness,which include removal of rubbish and garbage and cleaningof drains. Efforts are also made for the supply of freshdrinking water.2. Public Conveniences: For the convenience of the public, thelocal bodies in urban areas undertake the followingmeasures:(i) Construction and maintenance of good and wide roadsand streets.(ii) Plantation of trees along the roadsides.(iii) Supply of electricity to houses and factories.(iv) Construction of public urinals and latrines at busycenters.3. Public Education: Education prepares an individual to be abetter citizen. An educated person proves more useful bothto himself and to the society.For this purpose, the local bodies open schools for smallchildren. Primary education in our country is free andcompulsory. Therefore, the municipalities open PrimarySchools and organize special drives to see that all childrenbelow 14 years of age go to the schools. The local bodiesalso open reading rooms, public libraries and museums, etc.4. Public Security: Every municipality or a corporation maintainsfire engines for saving the people and their property from thegreat disasters caused by fire. It can also pull down old anddangerous houses, which may cause any mishappening. Ittakes steps for maintaining the quality of goods and checksfood adulteration.Voluntary FunctionsBesides the above compulsory functions, a municipality or acorporation can take up several other functions if its financespermit. These functions are called voluntary functions. Thechief among them is as below.1. To develop parks and gardens to keep the citizens healthy andfit.2. To develop a zoo, a museum and some picnic resorts as well.3. Construct and maintain children’s homes, orphanages, nightshelters,rest houses, etc.

4. In bigger towns and cities, local bodies can provide their owncheap and efficient transport facilities.5. Construction of toilets and bathrooms also comes under thevoluntary functions of a corporation or a municipality.Sources of IncomeTo discharge all these functions properly, the local bodies needmoney, which they get from the following sources:(i) Octroi duty on goods brought into the city or taken out ofthe city.(ii) Taxes on property, i.e., house shops and lands.(iii) Taxes on vehicles.(iv) Income from water and electricity supplied to houses andfactories.(v) Income from municipal properties.(vi) Financial grants from the State Governments.(vii) Loans from the State Government whenever a municipalityundertakes aM unicipal AdministrationFunctionsUrban Local Bodies are committed to provide all residents ofurban areas the following:• Adequate and effective sanitary arrangements• Adequate and safe drinking water• Proper roads and drains• Adequate street Lighting• Sufficient No. of parks / lung space• Prompt registration of Births and DeathsM unicipalities and M unicipal Corporations w illensure• Commitment for quality and standard of service• Courtesy, time bound and helpful attitude• Objectivity and transparency• Promptness and efficiency• Procedural leaflets will be provided for obtainingpermissions/ certificates.AUGMENTATION OF RESOURCES1. Property TaxIn the Urban Local Bodies Act, 1998 Government have beenempowered to prescribe minimum and maximum rates ofbasic property tax having regard to the existing property tax, the177INDIAN GOVERNM ENT AND POLITICSvalue of the building and land, usage of the building. Rates ofadditional property tax shall also be prescribed based on itslocation and type of construction.2. ComputerisationThe assessments of property tax are computerized in all themunicipalities. The Software for this is under final stages ofoperationalisation.3. Service Tax ComponentProvision is available in the new act for levy of water tax and

sewerage tax.4. ExemptionsThe provision available in the existing municipal and Corporationacts exempting the educational institutions from paymentof property tax continues in the new Act also.(Section 87).5. General RevisionAccording to section 86 of the new act the general revision ofthe property tax shall be made once in five years.6. Collection ProceduresIt is proposed to make provision in the draft Taxation andLicensing rules framed under the new act for paying the taxes bythe assesses themselves and issue of passbook/ license book.Section 99 of the new Act empowers levy of fine for belatedpayment of property tax. However, no provision has beenmade for rebate for prompt payment.7. Staffing PatternIt has been recommended that the Government may examinethe need for creation / strengthening the engineering cell inrespect of town Panchayats. In the year 1996-97 , a separateengineering wing has been formed for town Panchayats to lookafter the implementation of various works including the generalfund works.8. Human Resources Development and TrainingWith a view to impart training to municipal commissioners andemployees of municipalities and municipal corporations forachieving greater efficiency in the functioning of civic administration,the government, in G.O.(Ms).No.1227,RuralDevelopment and Local Administration, dated 11.08.1982,ordered the registration of the Institute of urban studies atCoimbatore under the Tamil Nadu Societies Registration Act1975.The income of the institute shall be from the contributionfrom urban local bodies and government. The institute hasimparted training to the chair persons and members of urbanlocal bodies after they assumed office in October 1996.Separatetraining programme was conducted for women members andwomen chairpersons. The institute is imparting training to themunicipal employees.Proposal to upgrade the institute is underconsideration of the government.9. Community Participation in Local AdministrationAccording to section 70 of the urban local bodies bodies act1998, the commissioner shall make arrangements to publish inone prominent local news paper the important features of thebudget and the details of the work/ programmes in accordancewith the rules prescribed.The Industrial business house, NGOs and social serviceorganization will participate in planting and maintaining treesunder Green Cover Project to be implemented during 2000-2001.10. Adequacy of Pow ers of Local Bodies and StreamLining the ProceduresAfter the newly elected members assumed office in the urban

local bodies in October’96, the Government enhanced themonetary limit for the sanction of administrative approval bythe commissioner, the Mayor,The Ward committees and theCouncil in the corporations.It was also ordered that once thegovernment accorded administrative approval for a scheme , theapproval of the Government is not necessary for approval ofthe tender for those schemes.It enabled the urban local bodiesto implement the schemes without avoidable delay. Similardecentralization of monetary powers are given to Municipalitiesalso.Further Reforms in Property Tax ActUnder the new act, property tax shall be determined on theextent of the building, its location and type of construction.Vacancy remission is not allowed in the new act.In the District Municipalities Act, 1920,provision was availablefor filing of appeal against the revision of property tax everyhalf-year. This has already been deleted. It was provided thatagainst the orders of the taxation appeal committee, thetaxpayers can approach the District court after remitting theproperty tax so assessed. In the new act also appeals can bemade to taxation appeal committee/ Taxation appeals Tribunalonly during general revision/ revision of property tax.CORE CIVIC SERVICES IM PROVING CIVIC SERVICES1. Water SupplyRecommendations No.28, 50,71,93Water supply schemes are being implemented in urban areasconforming to the following per capita norms.1. Corporations 110 liters per capita per day2. Municipalities 90 liters per capita per day3. Town Panchayats 70 liters per capita per dayThe above norms are higher than the norms recommended bythe First State Finance Commission.2. Solid w aste management (recommendations 35,57,78& 99)In the Municipal Corporations the garbage is collected daily tothe extent the same is practicable. The Municipal Administrationand water supply department has initiated steps to take upeffective measures to collect 100& garbage daily in the Municipalities.The Government is taking action to ensure an overallimprovement in solid waste management in town Panchayats.Recommendations in respect of other core civic services such asfixing up of norms for the provision of streetlights, laying ofroads, etc., are accepted in principle and it will be implementedby the local bodies subject to their resources.3. GeneralRecommendations 113 to 118 relate to general item. It isrecommended that with the increased use of cost recovery178INDIAN GOVERNM ENT AND POLITICSthrough the user charges and by privatization of civic serviceswherever possible investment capital works can be increased.

The Government in G.O. No.69, Municipal and Water supplydepartment dated 04.05.1998 issued orders accepting inprinciple the privatization of municipal services. In the G.O. thegovernment identified that the privatization can be experimentedin the following areas: -1. Solid waste management2. Maintenance of Street light3. Maintenance of roads and bridges4. Maintenance of water supply and conservancy services5. Maintenance of parks, Commercial Complex and standsThis covers the recommendation nos.127 to 132 underprivatization.4. Project FinanceSection 66 Urban Local Bodies Act, 1998 empowers theMunicipal Corporations, Municipalities and town Panchayats toraise funds by way of debentures, or by issue of bonds, withthe approval of the government for specific capital works.5. Streamlining the Delivery System OrganisationRecommendation No.10 to 14 relate to the constitution ofTown Panchayat, Municipality and Corporation. In section 3 ofthe Tamil Nadu urban local bodies act, minimum populationand income have been prescribed for the constitution of townPanchayats, Municipality and Corporation. Norms are prescribedin the rules prescribed in the rules framed thereunder.The rules have since been notified and they will come into forcewith effect from 1.8.2000.Devolution of FunctionOut of the 18 items mentioned in schedule XII to he constitution(74th amendment) Act 1992 seven items have been includedas obligatory functions in section 40 of the Tamil Nadu Urbanlocal bodies Act 1998.The Government by notification delegatethe remaining 11 items to the council. The power of identifyingthe beneficiaries under the social welfare schemes vests with theurban local bodies. The recommendations of the State PlanningCommission on the devolution of powers on all the 18 itemsto urban local bodies are under consideration of the government.The government also ordered for the creation o the mayor fundat 5% of the total receipts of the last available audited accountsof the corporations or not exceeding Rs.50 lakh whichever isless for carrying out the works relating to roads, street lights andstorm water drain. Similar fund was created for the chairpersonof the municipality.Control SystemIn the new act the municipal council prescribes (section 70) timeframe for the approval of the budget. The new accrual, doubleentry system of accounting introduced in 12 urban local bodiesin 1999-2000 is proposed to be extended to all corporations(other than Chennai) and municipalities in the year 2000-2001.proposal to introduce accounting manual is underconsideration. The recommendations contained in the chapterare covered in the new rules. They have since been notified and

will come into force with effect from 1.8.2000M echanism for accountabilityUnder the Tamilnadu right to information act,1992, the publichas the right of ascertaining to information about the administrationand details about the schemes of the governmentimplemented by various departments etc. This will cover urbanlocal bodies also.Database for Urban local bodiesComputerisation of key municipal functions is almost completed.Data entry of over 65 lakh records relating to theprevious years has been completed and it is expected that allmunicipalities will start issuing computerized formats for birthand death certificates by July 2000.operationalisation of otherfunctions will also be done during the current financial year(2000-2001)Challenges in Urban Planning for local bodies inIndiaIntroductionThe urban population of India has rapidly increased in recentyears. In 1961 about 79 million persons lived in urban areas ofthe country, by 2001, their number had gone up to over 285million, an increase of over 350 percent in the last four decades,which will increase to over 400 million by the year 2011 and 533million by the year 2021. In 1991 there were 23 metropolitancities, which have increased to 35 in 2001. As a result, mosturban settlements are characterized by shortfalls in housing andwater supply, inadequate sewerage, traffic congestion, pollution,poverty and social unrest making urban governance a difficulttask.CensusTotalPopulation(Million)UrbanPopulation(Million)% of Urbanpopulation to totalPopulationDecadal Urbangrowthrate(Percent)1951 361.08 62.44 17.29 -1961 439.23 78.93 17.97 26.411971 548.15 109.11 19.91 38.241981 683.32 159.46 23.34 46.151991 846.30 217.61 25.71 36.472001 1027.01 285.00 27.78 36.47Urban Local Bodies [ULBs] which are statutorily responsible forprovision and maintenance of basic infrastructure and services

in cities and towns are under fiscal stress. To even operate andmaintain existing services, let alone augment them, would bedifficult. There has been little or no increase in their revenuebase; user charges continue to be low or non-existent. Facedwith such a situation the ULBs barring a few exceptions arebecoming increasingly dependent on the higher levels ofgovernment for their operation and maintenance requirements.What is worse, many ULBs have accumulated ‘large’ debts andface serious problems in servicing them. Besides the restrictionto a small resource base poor planning process, lack of periodicalrevision of municipal tax rates / user charges, and poorinformation system and records management are some of thebasic weaknesses in the present municipal administration.According to Census of India 1991, there are 3255 ULBs in thecountry classified into four major categories of municipalcorporations, municipalities (Municipal council, municipal179INDIAN GOVERNM ENT AND POLITICSState/ UnionTerritoryMunicipalCorpoRationMunicipalCouncilMunicipalCommitteeMunici-palBoardMunicipalityTownCommittee/Township/ town areacommiTteeTownNagarPanchayatNotifiedareaTotalAndhraPradesh3 - - - 109 - 141 2 255Assam 1 - - 24 - 49 - - 74Bihar 6 - - - 70 - - 92 168Goa - 13 - - - - - - 13

Gujrat 6 - - - 62 - 100 10 178Haryana - - 81 - - - - - 81HimachalPradesh1 - 19 - - - - 30 50Karnataka 6 - 20 - - 136 - 14 176Kerala 3 - - - 61 2 - - 66Madhya Pradesh-- 17 - 357 - - 7 381Maharashtra 11 - - - 227 - - - 238Orissa - - - - 30 - - 72 102Punjab 3 - 95 - - - - 11 109Rajasthan - 19 - - 168 - - 5 192Tamil Nadu 3 - - - 98 8 212 - 321UttarPradesh8 - - 228 - 418 - 33 687West Bengal 3 - - - 95 - - 10 108Delhi 1 - 1 - - - - - 2Andaman &NicobarIslands - - - 1 - - - - 1Chandigarh - - - - - - - 1 1Pondicherry - - - - 4 - - - 4Manipur - - - - 7 - - 21 28Meghalaya - - - - 1 - - - 1Sikkim - - - - - 7 - - 7Tripura - - - - 1 - - - 1Total55 32 233 253 1290 620 453 319 3255180INDIAN GOVERNM ENT AND POLITICSboard, municipal committee), town area committees andnotified area committees.The 74th Constitutional Amendment Act (CAA74) has beenflaunted as an initiative to decentralize power and strengthendemocracy at local level. The CAA74 accords constitutionalstatus to urban local bodies (ULBs) and prescribes a nearuniform local governance structure valid across the country. Itprovides a framework for electing local-level governments andfor their ‘effective’ functioning to ensure provision of urbanservices and infrastructure. It also provides urban local bodieswith political, functional and fiscal empowement for goodgovernance.1. Urban planning, including town planning;2. Regulation of land use and construction of buildings;3. Planning for economic and social development;4. Roads and bridges;5. Water supply for domestic, industrial, and commercialpurposes;

6. Public health, sanitation, conservancy, and solid wastemanagement;7. Fire services;8. Urban forestry, protection of the environment, andpromotion of ecological aspects;9. Safeguarding the interests of weaker sections of society,including the handicapped and mentally retarded;10.Slum improvement and up-gradation;11.Urban poverty alleviation;12.Provision of urban amenities and facilities such as parks,gardens, and playgrounds;13.Promotion of cultural, educational and aesthetic aspects;14.Burials and burial grounds; cremation grounds and electriccrematoria;15.Cattle pounds, prevention of cruelty to animals;16.Vital statistics, including registration of births and deaths;17.Public amenities including street lighting, parking lots, busstop,and public conveniences;18.Regulation of slaughterhouses and tanneries.Importantly the CAA74 expressly recognizes a role for theULBs within the constitutional framework and provides fordevolution of financial powers from the state government forstrengthening of municipal finances. The CAA74 also providesfor constitution of Ward Committees in municipalities with apopulation of more than 3 lakh, Metropolitan PlanningCommittees and District Planning Committees for consolidationand preparation of plans of spatial, economic and socialdevelopment. From a “ top down “ approach, the emphasis hasthus shifted to the” bottom up” approach.In view of the challenges facing by ULBs the planners have toprepare themselves for a new role and much wider responsibilities.As a bridge between the civil society and thepolitico-economic structure, the planners have to perform therole of the catalysts of change. With the ongoing globalization,economic liberalization and devolution of power to localbodies, gone are the days of armchair professionals. In thecontext of decentralization of power from Central / StateGovernments to local levels, there is a clear need to strengthenthe Urban Local Bodies and endowing them with the finances,commensurate with their assigned responsibility. The experienceindicates that the first and foremost priority should be tostrengthen the local bodies and improve their performance thathas the primary responsibility to provide urban services. Thiswould involve the following key initiatives: -• The introduction of short and medium-term, IntegratedAction Planning, to complement comprehensive long-termobjectives.• Simplification of plans and procedures.• Assets inventory for optimum utilization and the increase ofthe revenue base.• A new urban land policy, to match with the national

Housing and Habitat Policy. Whereby the local authorities actas the facilitators and harness the resources of private sector/ Community.• Upgrading technology and environment focus forinfrastructure services and transportation.• Exploring new options and public-private partnership fordevelopment and financing of infrastructure, landdevelopment, housing, conservation, and environmentalimprovement.• Networking with international and national urbanprogrammes, e.g. Citynet Healthy Cities, UMP etc.• Mandatory performance management system and MIS.• Networking with NGO’s CBO’s and private sector forplanning, management and maintenance.Issues in Urban PlanningIt is now being recognized that cities are the engines of growthat both regional and national level. To facilitate and sustain thisgrowth, cities have to provide both a high quality of life and anefficient infrastructure for economic activities.Environment management and protection strategy addressesthe critical environmental problems, which mainly concernspreservation of lakes and water bodies, its catchment area andits water quality and land use management in catchment areas.The other environmental issues relate to the disposal andtreatment of urban waste and its recycling and the socioeconomicproblems caused by the displacement of population,in context to future city spread. Environment management oflakes and water bodies is vulnerable to urban pressure in itsclose vicinity. It is essential to enforce land use control measuresin the catchment areas to prevent further environmentaldegradation and thereby achieve desired level of sustainability.The sustained efforts are needed for plan implementation toimprove the quality of city life. Hence an effective plan implementationstrategy needs to be evolved to achieve the followingobjectives1. Protect natural environment.2. Conservation of areas of cultural heritage.3. Optimize land use and land utilization181INDIAN GOVERNM ENT AND POLITICS4. Provide services and infrastructure5. Participatory approach for supply of land and infrastructuredevelopment.Urban planning is basically resource generation, resourcedevelopment and resource management exercise. The efficiencyof urban settlements largely depends upon how well they areplanned, how economically they are developed and howefficiently they are managed. Planning inputs largely govern theefficiency level of human settlements. There is a widely heldview that the Master planning methods adopted over the lastfew decades have not produced a satisfactory physical environment.

The urban development planning process in the past hasbeen unduly long and has been largely confined to the detailingof land use aspects. The plans have paid inadequate attention tothe provision of trunk infrastructure, environmental conservationand financing issues. They have been unrealistic and havenot been accompanied by investment programmes and capitalbudgets. Integrated urban development planning approach,taking into account regional, state and national strategies, andspatial, functional and other linkages between human settlements,has not been given much recognition. Also the planningand plan implementation processes have not paid adequateattention to the integration of land use and transport planning.The fact that transport is a key determinant of land use and“ leads” development is sometimes ignored.The Five Year plans laid stress on the need to undertaken townplanning and evolve a National Town Planning Act so as toprovide for zoning and land use, control of ribbon development,location of industries, clearance of slums, civic anddiagnostic surveys and preparation of Master plans. Although asignificant step in urban development was undertaken in thePlan in the form of Central assistance to the states for thepreparation of master plans for selected areas, comprehensiveaction was not taken by the states for the adoption andimplementation of the plans. The urban developmentplanning should, essentially, be supportive of the economicdevelopment in the country. At present, hardly 20 percent ofthe urban centers have some sort of a Master Plan, which ismany cases is just a policy document. It is estimated that thereare about 1200 master plans prepared by various Agenciesresponsible for plan preparation but their implementation isnot encouraging. The implementation of master plan facilitatesthe orderly and planned development of cities in a sustainablemanner, which would ultimately help in good governance.The M aster plan Approach – Concepts, Objectivesand FunctionsThe master plan, which was perceived to be a process ratherthan a conclusive statement, provides guidelines for the physicaldevelopment of the city and guides people in locating theirinvestments in the city. In short, Master Plan is a design for thephysical, social, economic and political framework for the city,which greatly improve the quality of Urban Governance also.The functions of the Master Plan / Development plan are asfollows:19.To guide development of a city is an orderly manner so as toimprove the quality of life of the people20.Organize and coordinate the complex relationships betweenurban land uses21.Chart a course for growth and change, be responsive tochange and maintain its validity over time and space, and besubject to continual review22.Direct the physical development of the city in relation to its

social and economic characteristics based on comprehensivesurveys and studies on the present status and the futuregrowth prospects; and23.Provide a resource mobilization plan for the proposeddevelopment works.Critique of the M aster Plan ApproachThere is a widely held view that the Master Planning methodsadopted over the last few decades have not produced a satisfactoryphysical environment. The urban development planningprocess in the past has been unduly long and has been largelyconfined to the dealing of land use aspects.The major criticisms of the Master Plan approach adopted inthe country are as follows :6. Plan Preparation Techniques: The Master plan details out theurbanized and urbanisable areas under its jurisdiction andsuggests land use up to the neighborhood level. Thetendency to over-plan the urban environment, with minutedetailing, has resulted in lack of flexibility and has hinderedindividual self-expression.7. Plan perspective: The plan projects and ’end state’ scenariofor 20-25 years and is not detailed enough for short andmedium-terms actions.8. Static Plan: The plan is mostly static and not amendable toquick mid-course corrections.9. Delays: Inordinate delays in Master Plan preparation andapproval and, in addition, difficulty in obtaining possessionof land sought to be acquired for the purpose is one of themain handicaps in the speedy and successful implementationof the Master Plan.10.Growth of the City: The efficacy of the master Plan isadversely effected by the divergence between the precept andpractices concerning the preparation of the Master Plan andits implementation.11.Ineffective Public Participation: The mechanism for publicparticipation is ineffective in the process of developmentplanning, in both its preparation and implementation. It ismore top-down than a bottom-up approach.12.Weak information Base: Master Plan preparation isundertaken with a very weak information base especially onsocio-economic parameters, housing and environment.13.Impractical Physical standards: The plans prescribe impracticaldensities and layout high standards in an effort to improvethe quality of life in a city. These are generally higher thanwhat the city population, particularly the poor, can afford.14.Lack of Financing Plan: Estimates of financial outlay do notmatch the development works envisaged in the Master Plan.The strategies for raising resources required for planimplementation are never an integral part of the plan.182INDIAN GOVERNM ENT AND POLITICS15.Spatial planning vis-à-vis Development Planning: Urban

planning in India has been totally over-shadowed by itsspatial content instead of realization of social and economicobjectives. Town planning exercises have tended toconcentrate on physical order and environmental quality ofcity, and have been isolated from the mainstream ofdevelopment planning, decision-making andimplementation strategies.16.Land Policy and Management: The absence of machinery forsystematic and continuous collection of data on themovement of land and tenement prices undermines theimplementation of the master Plan.17.Private Sector Participation: Through a significant portion ofthe development is due to the initiative of the private sector,this factor is not recognized in the Plan.18.People’s Needs: The Master Plan does not incorporate theexact needs and priorities of the people. Instead of reflectingthe aspirations of the community at large, the plan more orless reflects the values of the administrators and planners.19.Regulatory mechanism: The regulatory mechanisms in theMaster Plan are to enable better management of the city.However, development control mechanisms are observedmore in breach than in compliance.20.Plan Implementation: The root-cause of the urban maladieshas been the divorcing of the plan preparation from planimplementation.21.Ineffective plan Monitoring: An Institutional andinformation system does not, generally, exist for planmonitoring. Since the budgetary system does not explicitlytake into account the requirement of plan implementation,problem of resources are not periodically highlighted.Constitution (74th) Amendment Act.The Constitution (74th) Amendment Act, 1992 provides for ademocratic and participatory planning process so as to incorporatethe needs of the people, particularly the poor and sociallydisadvantaged, in the planning process. The act stipulates thesetting up to District planning Committees (DPCs) andMetropolitan Planning Committees (MPCs) for integration ofspatial and economic development and rural and urbanplanning. This is in recognition of the need for integratedregional planning with due attention to regional and localinfrastructure, environmental conservation and investmentplanning and their spatial and other impacts. The DPCs /MPCs need to be constituted under the State Zilla Panchayat /Regional and Town Planning Acts. A three tier planningstructure is envisaged in the states – Panchayats / Municipalitieslevel, district and metropolitan level and state level. Under thisframework, Panchayats/ Municipalities would prepare plans fortheir areas, which would be consolidated at the district level inthe form of draft district development plans. The MPCs wouldprepare the metropolitan development plan. All district andmetropolitan development plans would then lead to the

formulation of a plan at the state level.District Planning CommitteeThe constitution of DPCs recognizes the need for integratedregional planning based on the investment patterns, its spatialimpact and development. The DPCs should be vested withenough powers to undertake the following functions, besidespreparation of draft development plan for the district.24.Preparation of draft development plans including spatialplan for the district, keeping in view matters of commoninterest between Panchayats and municipalities.25.Advise and assistance to local bodies in preparation ofdevelopment plans and its effective implementation.26.Coordination and monitoring of the implementation ofDistrict Development plans.27.Allocation of resources to local bodies for planning andimplementation of local level projects contained in theDistrict Development plans.M etropolitan Area planning committee.The constitution of MPCs in every metropolitan area underArticle 243 ZE of the 74th Amendment accords constitutionalrecognition to metro-regional planning when seen in thecontext of agglomeration economies, a metro region is themost preferred area for investment in economic activities andinfrastructure but these areas are normally deficient in spatialplanning inputs. The functions to be assigned to MPC are asfollows :22.Preparation of draft development plan for the metropolitanareas.23.Spatial coordination of plans prepared by the municipalitiesand panchayats in the metro area and recommendingmodifications in local area plan, if any taking an overall view.24.Advise and assistance to local bodies in preparation ofdevelopment plans.25.Monitoring effective implementation of approveddevelopment plan of the region.26.Undertaking formulation and implementation of projectsinvolving provision of infrastructure such as major roads,trunk services, electricity, telecommunications, etc.The 12th Schedule of the Constitution (74th Amendment) Actlists the 18 functions of the municipalities which among othersinclude: (I) urban planning including town planning; (ii)regulation of land use and construction of buildings; and (iii)planning for economic and social development. In this regard,the state governments could be more specific and definite inassigning functions to the local bodies, In the absence of clarityin assignment of functions, the State Finance Commissionwould not be able to assess the fiscal needs of and allocateadequate resources to the municipalities. For a rational integrationof spatial and economic development, functions related tospatial and socioeconomic planning and development shouldbe assigned to Urban Local Bodies (ULBs). To facilitate the

municipalities to discharge these functions, a provision could bemade in the State Municipal Acts for devolution of necessarypower and authority along with financial resources and manpower.For an effective urban planning system, there is the needto have a package of inter-related plans at three levels namelylong-term perspective structure plan (20-25 years) short termintegrated infrastructure Development plan (5 year) and AnnualAction plan as part of Infrastructure Development plan. The183INDIAN GOVERNM ENT AND POLITICSshort-term integrated Infrastructure plan and Annual plancould be in the form of “ rolling” plans to enable the ULBs tocontinuously review and monitor the plan, and to update itevery year / five years. The aim should be to make urbanplanning system as a continuous process. Each level of planmust include measures for infrastructure development andenvironmental conservation:1. Perspective Structure Plan: The long-term PerspectiveStructure Plan could be prepared by the MPCs broadlyindicating goals, policies and strategies for spatio-economicsdevelopment of the urban settlement. The perspective planmay include:• Physical characteristics and natural resources:• Direction and magnitude of growth and development –area and population (Demography)• Arterial / grid road network and mass transit corridorswith modular development block.• Infrastructure network – water, sewage, drainage, roads,bus and truck terminals, rail network, etc.• Broad compatible and mixed land use packages andzones :• Community open space system and organization ofpublic spaces :• Environmental conservation and preservation of areasof architectural, heritage and and ecological importance ;• Major issues and development constraints;• Financial estimates and fund flow patterns; and• Policy and plans for EWS housing.2. Infrastructure Development Plan: Integrated infrastructureDevelopment Plan should be prepared by ULBs in thecontext of the approved Perspective Plan. The scope of thePlan should cover an assessment of existing situation,prospects and priorities and development includingemployment generation programs, economic base,transportation and land use, housing and land development,environmental improvement and conservation programs.The development plan may include.• Identification of gaps and shortcomings in the deliveryof municipal services ;• Identification of service and remunerative projects andtheir prioritisation along with capital budgeting and

investment programmes; and• Housing and land development programmes, includingidentification of areas for residential and non-residentialdevelopment and development of trunk infrastructure.3. Action Plan: Within the framework of Development Plan,Annual Action plans for the urban areas should be preparedby the ULBs specifying the projects and schemes with costingand cash flow for both on-going and new projects. TheAnnual action plan should provide and in-built system forimplementation of the Development Plan. In this planvarious urban development schemes should be integratedspatially and financially. Annual plan may consist of :• targets to be achieved – physical and fiscal;• fund flow ; and• Project design and specification, including tenderdocument for implementation.4. Projects and Schemes: As part of the Development plansand Action plans, projects and schemes within towns / citiescould be taken up for any area / activity related to housing,commercial centers, industrial areas, social and culturalinfrastructure, transport, environment, urban renewal etc. bygovernmental bodies / local agencies / private sector andthrough integer-governmental public private-partnership.Such projects could be both long-term and short-term andin conformity with the development requirements of therespective town / city.Challenges for local bodies:The existing municipal laws are totally inadequate to enable toULBs to discharge the new responsibilities delegated to themunder the Constitutional (74th Amendment) Act. Althoughthe state governments have amended their municipal Acts, as afollow - up of the 74th Amendment, the amended acts do notspecifically assign functions to the local bodies especially urbanincluding town planning. The following measures may beundertaken to enable the ULBs to serve as agencies for planpreparation, enforcement and implementation:Clear division of functional responsibilities and linkage amongdifferent levels of government to ensure upward and downwardaccountability and to enable the SFCs in theirconstitutional task of devolution of funds to ULBs.Division of municipal functions into essential functions, agencyfunctions, and joint functions with state and central governments.Avoiding the traditional distinction between ‘obligatory’ and‘discretionary’ functions since such classification results inuncertainties and non-transparent system of municipalaccountability.Essential functions of municipalities to include urban planning,including town planning regulation of land use and constructionof buildings and planning for economics and socialdevelopment and amendments to the Municipal Acts.As an effective alternative, the authority to prepare urban

development plans may be placed with municipalities under thetown and country planning laws. The planning functions couldbe undertaken by the municipalities under the state Town andCountry planning Act in states where such power has not beenprovided in the Municipal Acts. A standing planning Committeemay be constituted to assist the ULBs in this task and themembers of the committee could include representatives ofelected members, administrators and professional experts. Thechairman of the local authority could head the standingplanning committee and the municipal Town Planner could bethe member secretary.It is necessary to build effective legislative support for thepreparation of 3-tier Development plans discussed earlier. TheTown & Country planning Acts would have to be modified toincorporate formulation of these plans along-with theirdefinition, scope and contents, provision could be made in theAct to empower the state Town and Country Planning Depart184INDIAN GOVERNM ENT AND POLITICSment to prepare and get approved the perspective plan and / orDevelopment plan, following the prescribed procedure at thecost of the concerned in case of failure by the ULBs to initiateactions to prepare the Plans within the stipulated time period.Providing a clause in the Act allowing for automatic approval insituations where the approval or rejection with reasons, is notcommunicated within the stipulated time by the appropriateauthority could increase the efficiency in approval of plans. Thelocal authority should carry out the modifications suggested bythe Town Planning Department and re-submit the modifiedplan. But at the same time, undisputed sections / part of thedraft Development plan could be processed, got approved andimplemented.. Provision could be made for approval ofAnnual Plans by the local authority and that of the projects andschemes formulated in accordance with the approved developmentplan and Development Promotion Rules, by theMunicipal Town Planners with appropriate accountability. Thenotice of preparation of development plan may be linked withsection 4 of the land acquisition Act. 1984 in the municipal /Town planning Acts so that any land required for compulsoryacquisition is notified as per the Act. Consequently compensationfor land would be as on the date of the publication of thedraft Development Plan and this would minimize the speculativeelements. Similarly, the publication of the notice of thefinal development plan may be linked with section 6 declarationunder the Act. Appropriate legal support to the land assemblyefforts of the private sector should be provided to facilitateprivate sector participation in the implementation process.Development plans, in the past, were prepared in the context ofcentralized planning. This context is changing in the era ofliberalization where cities have to identify their competitiveadvantage for growth and development. Decentralization ofdevelopment planning to the local level, under the constitutional

(74th Amendment) Act, bring with it the responsibilityof resource and financial management.For a more dynamic urban planning exercise, the followingmodifications in the planning approach are recommended:27.Flexibility: Plans must have flexibility to provide for evergrowingand ever-expanding city boundaries and providequality of life to all inhabitants. The plan should be flexibleto respond not only to the present needs but, also, thechanging conditions in foreseeable, future.28.Role of Actors: People’s participation in preparation ofpolicies, perspective plan, development plan and annualplans should be ensured through elected representatives inthe municipal council / corporation and ward committees.29.Information system: A well maintained information systemcan make possible the fine-tuning of the plan proposals atthe various stages of implementation of the plan accordingto the changing urban scenario.30.Urbanisable Areas: The development potential may beassessed for the areas located in the periphery of thedeveloped areas. A profile of the development potential andthe possibility of optimizing the existing infrastructureshould determine the prioritisation of development ofthese areas.31.Growth Centers: Given the paucity of resources, it would bemore feasible and desirable to promote strategicdevelopment initiatives in the selected secondary cities,growth center and their hinterlands. In the growth centers,the location of infrastructural and environmental servicescould form the ‘core’ of the Development Plan.32.Policy Guidelines: Policy guidelines notified under law, canhelp in identifying priority areas, subsequent modificationsin the plans and administration, in general.33.Mixed Land Use: With a view to provide for development,the zoning regulations need to be simplified. The land usepackage should not be allowed to be changed by anyauthority, except as a part of the review of the DevelopmentPlan at the city / town level.34.Financial Planning: Land development and infrastructureinvestment need to be coordinated through integration ofphysical, financial and investment planning. There is the needto link spatial development plan with resource mobilizationplan focusing on credit enhancement mechanisms.35.Services and Environment: City plans, which provide for upgradationof the services for greater equity in the availabilityof water, sewerage and sanitation throughout the city, wouldhave a higher probability of success.36.Needs of the informal sector: The plan must provide forand cater to the needs of the informal sector so as to makethem as an integral part of the city development process.37.Land Policy and Management: As opposed to the process ofcompulsory land acquisition, and the related issue of low

compensation rates, the ULBs should adopt collaborativeapproaches within the existing legal framework.38.Legal Framework: Plan implementation would call for a legalframework so as to make it enforceable and mandatory. Thelegal framework has to be supported by an effective andefficient machinery which would see that no distortion ofmaster plan proposals take place at the ground level.39.Standards: Plot sizes, layout and social overheads need to bedesigned to reduce costs aligned to the affordability ofdifferent income groups and also the sale price for lowerincome groups can be reduced by differential pricing.40.Building Byelaws: Building bye laws and zoning regulationsfor the city / town should match the local needs. However,the existing byelaws need to be simplified and transparent,and there should not be an aliment of discretion. Adequateprovision for parking facilities should be made.41.Database at Metropolitan, district and state levels: Theplanning exercise needs continuous data collection, analysisinterpretation and updating of data. A computer-generateddata base and information system in GIS environmentshould be developed at various levels, which would providesupport to planners in development planning.42.Simplification of measure and Procedures: The preparationof Development plans should be completed within a periodof 12 months and should be approved within 3 monthsafter the plan approval and the total period for preparationand approval should not exceed 18 months. The approval185INDIAN GOVERNM ENT AND POLITICSauthority of Development plans should be the ULB, inconsultation with the Director of Town planningdepartments. The perspective plan could also be approved bythe state Government through Directorate of TownPlanning.43.Strengthening Planning Mechanism and Institution: TheTown and Country planning acts need to be modified toenable the formulation of inter-elated plans by specifying thedefinition, scope and contents of various plans.The administrative, technical, managerial and financial capacityof the ULBs needs to be strengthened.The ULBs and the town planning departments should workunder the same state department for better coordination.The cost recovery procedures and revenue collection methods ofULBs need to be strengthened.SUMMARYMunicipalities and Municipal Corporations do the work inurban area -serve and help the people. There are two types ofLocal Self- Government units in urban areas: (I) Municipalities,and (ii) Municipal Corporations. The main functions of thelocal bodies are to solve the local problems of the citizens andto look after their needs for better living conditions. Their main

functions can be divided into compulsory and voluntaryfunctionsASSIGNMENTWhat are the problems faced by the civilians in your municipalcorporation? And what are the steps taken by the corporation tosolve these problemsInterview the concerned people and make an in depth report onit.

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1. Public Policy and politics in India By Kuldeep Mathur

2. Indian Political Trials By A.C. Noorani.

3. Basu, Durga Das. The Laws of the Press in India(1962) Asia Publishing House, Bombay