INTRODUCTION

Urbanization is perceived as a determinant, as well as a consequence of economic development. Over the past two decades, many countries in Asia have experienced rapid economic growth. This has led to a rapid rise in their urban population. However, in spite of a significant increase in national wealth and personal incomes, the quality of life of an average urban resident is not satisfactory. Urban centers are characterized by squalor slums, traffic congestion, and shortages of water and power. While the national governments pursue the goals of economic development, it is generally left to the local governments to manage rapidly growing urban areas, and provides for basic services to his residents. The modern municipal government in urban units is essentially a creation and legacy of British rule. It was imported in India by Britishers from their own land. However, it is said that the origin of local self-government had very deep roots in ancient India. On the basis of historical records, excavations and archaeological investigations, it is believed that some form of local self-government did exist in the remote past. In the Vedas and in the writings of Manu, Kautilya and others, and also in the records of some travelers like Magasthnese, the origin of local self-government can be traced back to the Buddhist period. The Constitution (74th Amendment) Act addresses the first two aspects, leaving considerable tasks to be attended to at the state and municipal levels. In a multi-tier federation, path-breaking breaking institutional changes as those envisaged in the 74th Amendment are bound to involve conflicts of interest. Institutional transformations are likely to be faster when they receive strong support from the beneficiaries, take all the stakeholders into confidence and incite strong public opinion against the vested interests. The support of the Central and state governments in absolutely critical as there can be no decentralization without the higher authorities shedding some of the powers they have enjoyed for years.The 74th Amendment Act aims at ushering in strong grassroots level democracy through the establishment of the above key institutions.However, the Constitution leaves the issues of their empowerment and operationalisation to the wisdom of the state governments. Most states have only conformed to the letter of the Amendment and not to its spirit. Amendment to the Municipal legislation in various states has only been with regard to the electoral reforms. While elections have taken place in accordance with the provisions of the Constitution, little effort has been made to enlarge the functional and financial domain of the Municipalities. The State Finance Commissions have submitted their report to the state governments but there is a great deal of reluctance by the state governments to accept its recommendations. On the contrary, many states have further reduced the financial powers of Municipalities after the State Finance Commission reports were submitted. The states have made provisions in their legislation for the Ward Committees, District Planning Committees and Metropolitan Planning Committees, but these committees are still to be made functional in many states.

MEANING OF GOVERNANCE AND LOCAL SELF-GOVERNMENT

Meaning of Governance

In simple words governance means the process of decision making together with the process by

which these decisions are implemented. Thus governance is a process by which authority in a

country is exercised for the common good. It includes:

i) the process by which those in authority are elected or selected, monitored and replaced,

ii) the capacity and the activities of the government to effectively manage its resources and

implement sound policies, and

iii) the citizens' and the state's respect for the institutions that govern economic and social

interaction among them.

In a democratic set-up, legislature is the body responsible for framing laws for the effective

governance of the state. The bureaucracy is to implement these laws honestly so that the state

progresses in all respects. In the democratic structure of our country, we have three levels of

governance—national or federal, state or regional, and local self-government at grass roots level.

Let us now discuss what local self-government means.

Meaning of local self-government

Local self-government implies:

i) a Government run by the local people;

ii) a Government concerned with the local issues;

iii) that the local people can check the activities of the Government; and

iv) that the local people can participate in all the concerns and the functions of the

Government.

It advocates increasing accountability and is expected to promote efficiency and improve

organizational performances by emphasizing effective management of resources and providing

accurate information to take appropriate decisions, and thus leads to greater control of

community affairs by the local masses. The Parliament and the State Assemblies cannot be

called local self-government, because they are not concerned with the local issues only. Instead

they are responsible for bigger areas of activities. Further, the local people do not have any

control over the instruments of the State and Central Governments. It is necessary to understand

this difference between local self-government and the representative governments at the state and

the central level. Let us now discuss Panchayati Raj as an institution of local self- government.

Growth of Local Self Government

The concept of Local Self Government is very ancient to India. It has originated since the Vedic

period, when the village assembly known as Samiti and Sabha and the Gramani, the village

headman existed. These assemblies represented the king`s authority in civil and military

administration and collected dues on behalf of the king. The local bodies comprised of

Gramyavadin or village judge, Dasagrami, Vimasapati, Satgrami. Gradually there was the

prominence of Nagaradhyaksha or city perfects who dealt with the affairs of urban life and

enforced respect for law and order in the minds of the people. In the Muryan period there were

gamas or villages, nigamas or small towns and bhojka. This proves that considerable autonomy

was enjoyed by the local institutions. Municipal government as a form of local governments has

been administering in India since the time of the Maurya period.

In addition to that in the late 19th century, the British Government initiated the concept of Local

Self Government. When Lord Ripon became the Viceroy of India and provided notable

contribution to the development of Local Government in the country. In 1882, he abandoned the

existing system of local government by the officially nominated people. According to his local

self-government system, the enormous Local Boards were split into smaller units to achieve

greater efficiency. Moreover, to ensure popular participation in the management of local affairs,

nomination system was replaced by an effective election process. Lord Ripon is considered to be

the founding father of urban local government. His concept of municipal authorities as units of

self-government has earned importance in the present days. Furthermore, Various Indian

counsellors were appointed to advise the British viceroy and the establishment of provincial

councils with Indian members. The Indian Councils Act of 1892 introduced Municipal

Corporations and District Boards that created for local administration.

In addition to that in the late 19th century, the British Government initiated the concept of Local

Self Government. When Lord Ripon became the Viceroy of India and provided notable

contribution to the development of Local Government in the country. In 1882, he abandoned the

existing system of local government by the officially nominated people. According to his local

self-government system, the enormous Local Boards were split into smaller units to achieve

greater efficiency. Moreover, to ensure popular participation in the management of local affairs,

nomination system was replaced by an effective election process. Lord Ripon is considered to be

the founding father of urban local government. His concept of municipal authorities as units of

self-government has earned importance in the present days. Furthermore, Various Indian

counsellors were appointed to advise the British viceroy and the establishment of provincial

councils with Indian members. The Indian Councils Act of 1892 introduced Municipal

Corporations and District Boards that created for local administration.

The Bengal Act of 1842 delineates the commencing of municipal institutions beyond the

presidency towns. The act was authorised to facilitate the inhabitants of any place of public

resort or residence to make better provision for proposes connected with public health and

convenience. Under this Act, a Municipal board was launched in one town and when the

homeowners were summoned to pay direct taxes, they not only resisted rudely, but also accused

the collector for encroaching when he came forward to collect taxes. This Act empowered

municipal bodies to impose indirect taxes. The Act was however of a controlled disposition. The

North Western Provinces, present states of U.P. and Bombay craftily gained from this act. The

growth of Municipal Institutions received additional impetus after the issuing of the Royal Army

Sanitary Commission Report in 1868. Though the report fundamentally dealt in army affairs, yet

it was successful in attracting attention towards the unhealthy conditions in towns. In the ensuing

years, several municipalities were founded in every territory. The 73rd Amendment Act of the

Constitutional in 1992 came into force to provide constitutional status to the Panchayati Raj

institutions. This Act proceeded further with the Panchayats in the tribal areas of eight States

including Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh,

Orissa and Rajasthan from 24 December 1996. According to this act, the Panchayati Raj system

was introduced as Local Self Government for all States.

The Act aims to provide 3-tier system in the Local Self Government and announces to hold

Panchayat elections regularly every five years. The act also provides reservation of seats for

Scheduled Castes, Scheduled Tribes and Women. Moreover, the act declares to appoint State

Finance Commission to make recommendations regarding the financial powers of the

Panchayats and to constitute District Planning Committee to prepare draft development plan for

the district. Since the Independence movement, Local Self Government had played a significant

role. However, after Independence, the Constitution of India was framed on federal principles.

The Constitution makers divided the functions of the government on the three lists such as

Federal, State and Concurrent. The local government bodies came under the State List and are

governed by the State Statutes, or in the case of Union Territories, by the Union Parliament.

LEGISLATIVE POWER AND LOCAL SELF GOVERNMENT

Urban local bodies are supposed to be formed as democratic institutions based on the principle of self-

government and should represent people's desires and strengths. Due to massive urban growth during the

past two decades, the urban quality of life has deteriorated and creates an urgent necessity for having

vibrant and efficient urban local government bodies that can deliver adequate services and improve living

conditions. Urban local government bodies are synonymous with municipal government have a long

history. Municipal bodies are the creation of the British. The first such body called a Municipal

Corporation was set up in the former Presidency town of Madras in 1688 and was followed by the

establishment of similar corporations in Bombay and Calcutta in 1762. Lord Mayo's Resolution of 1870

encouraged the introduction of an elected President in the municipalities. However in their present form

and structure, the municipal bodies owe their existence to Lord Ripon's Resolution on local self-

government, adopted on 18 May 1882.

In India the local government is the third level of government apart from the State and Central

governments. There are two types of Local Government in operation: Panchayats in rural areas

and Municipalities in urban areas. The Panchayats are a linked-system of local bodies with

village panchayats (average population about 5,000),panchayat samities at the intermediate level

(average population about 100,000), and district panchayats (average population about

1,000,000).

Number of Panchayats and Municipalities in India, 2004

Panchayats Nos. Municipalities Nos. Gram (Village) 236,350 Municipal Corporations 109 Samities

(Intermediate) 6,795 Municipal Councils 1,432 Zilla (District) 531 Nagar(Town)Panchayats 2,182 Total

243,676 Total 3,723 1The rural panchayats created in around 1959 were based on the soviet model

(Yugoslav variety ) of tiering with hierarchical control to undertake mainly agency tasks of the states

through earmarked funding, with limited civic tasks financed from assigned land revenue and local

surcharge thereon. This resulted in overlapping functional jurisdiction and a mismatch of functions and

taxes among the three tiers. The urban municipalities, created during the colonial days of mid-19th

century, survived the ‘socialist’ experiment and retained their separate character as their English

counterparts. In 1991, through two identical constitutional amendments, one for the Panchayats and the

other for the Municipalities, a number of changes were introduced to strengthen local governments in

India ensure regularity of their election every five years and limiting their period of super session or

dissolution to six months, three sets of local governments for the Panchayats and the Municipalities,

reservation of seats and chairpersons for women and scheduled castes and tribes, creation of independent

state selection commission (SEC), state finance commission (SFC) linked with the central finance

commission, and planning committees at the districts (DPCs) and metropolitan areas (MPCs). In addition,

these amendments have indicated guidelines for the states to empower the local governments through

increased devolution of functions and taxes to them- these are not been followed-up by the states.

However, the CFCs have been allocating discretionary grants for local governments passed through the

states. One lacuna in the existing arrangement is that the Panchayats do not have a statutorily delegated

list of functions on which its revenues could be spent; this has created problems of financing their own

activities from their own revenues or through general grants from the CFC-SFC arrangements.

Panchayats act mostly as agencies for implementing the erstwhile soviet plan schemes and projects on

cost reimbursement (around 96% of their activities) that do not have any maintenance component for

transferred completed works. The major national parties are committed to improve the e Panchayati

Raj as an Institution of Local Self-Government Panchayati Raj as an institution of local self-

government can play an important role in promoting people's participation in the democratic

process. It can be instrumental in integrating our traditional wisdom with modernity and in

protecting our culture. It can also become an instrument for ensuring social justice. Panchayati

Raj can: 2

enable rural people plan their own affairs;

give them a sense of confidence and courage;

enable people to participate in the democratic process; and

1 Source: India, Twelfth Finance Commission Report, 2005

give equal opportunities of participation to weaker sections of our society.

Panchavati Raj Institutions (PRIG) among other things are also responsible for building

schools, dispensaries, panchayat ghars, etc., and are likely to get involved in monitoring the

functioning of these institutions and their activities. All this may be done by the Gram

Panchayat itself, and thus establish its credentials as an effective institution of self-governance.

If the Panchayat is successful in ensuring such services to the entire community, especially to

the poor people, widows, the handicapped and other needy people, it will become a true

expression of self-governance. Effectiveness of the Panchayats through further central action to

remedy the situation.

Legislative power of Local Self Government and Constitution of India-

The Nagarpalika Act, i.e. the Constitution (74th Amendment) Act, 1992 has been enacted

to accord constitutional recognition to the Urban Local Bodies as third tier of Government. In

the said Constitution Amendment Act (CAA) it was made mandatory to implement the

provisions of the said Act in all the States within one year from the date of enactment of the

said Act.

West Bengal is a State where all the provisions of CAA, except the provision of State

Election Commission, were incorporated in various statutes and Executive Orders long before

the provisions of the CAA were conceived and came into force. The process of

decentralisation of powers started in West Bengal in 1977 and with this objective in view,

necessary changes in the legislations were made and Executive Orders issued to transfer

powers to the Local Bodies, both Urban and Rural. Our State Government, therefore, became

the pioneer in implementing the provisions of the CAA because in our case minor changes

had to be made to accommodate the provisions of the CAA. Though the status shows the

positions in respect of the Municipalities governed by the West Bengal Municipal Act, 1993,

the position in respect of the Municipal Corporations including the Calcutta Municipal

Corporation which are administered by other legislations are exactly similar. The Local

Bodies are actually exercising these powers in reality.

Similarly, West Bengal is pioneer in the matter of constitution of the State Finance

Commission. Before the CAA came into force two Municipal Finance Commissions were

constituted to look into the financial aspects of the Urban Local Bodies (ULBs) and to adopt

measures to strengthen their resource base. As per the provision of the CAA the first State

Finance Commission was constituted in this State and almost all of its recommendations have

been implemented.

As we are concerning about legislative power we must go through the definition of Law as per

constitution is concern. Part III of Constitution of India 1950 deals with Fundamental Rights

Article 13. Laws inconsistent with or in derogation of the fundamental rights sub Article 3

says (3) In this article, unless the context otherwise requires.-

"law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usages

having in the territory of India the force of law;

Part IX of Constitution of India 1950 deals with The Panchayats.

Article 243G along with the Eleventh Schedule indicates the kind of functions to be discharged

by the Panchayats. It does not guarantee assignment of a set of exclusive functions to the

Panchayats. Hence the kind of role they would be expected to play in governance depends on the

regime that controls the government of a State. The Commission recommends that Panchayats

should be categorically declared to be ‘institutions of self-government’ and exclusive functions

be assigned to them.

Article- 243G. Powers, authority and responsibilities of Panchayats.—

Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the

Panchayats with such powers and authority and may be necessary to enable them to function as

institutions of self-government and such law may contain provisions for the devolution of

powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions

as may be specified therein, with respect to—

(a) the preparation of plans for economic development and social justice;

(b) the implementation of schemes for economic development and social justice as may

be entrusted to them including those in relation to the matters listed in the Eleventh

Schedule. And

As an institution of self-government, the Panchayats should have adequate fiscal capability. To

be an institution of self-government, a Gram Panchayat should, as far as possible, be a viable

unit. It should be capable of generating internal resources by using its own fiscal powers that

include taxing power commensurate with the functions assigned to it. The PRIs at present are

principally grant-fed and their dependence upon the State Government even for carrying out their

routine functions is heavy. Among the three-tiers of Panchayats, the Gram Panchayats (GPs) are

comparatively in a better position. This is so because the GPs have some taxing power of their

own, while the other two tiers are dependent only on tolls, fees and non-tax revenue for

generating internal resources. The Commission feels that major fiscal restructuring and financial

resources are necessary to enable the Panchayats to function as viable local self-government

institutions. Some of the measures necessary for such reforms may be taken even within the

framework of existing constitutional provisions.

Part IX A of Constitution of India 1950 deals with The Municipalities

The period after independence, there has been a steady diversion and diminution of

responsibilities in the sphere of municipal functions.  There has been a growth of development

activities of Municipalities and they have become afflicted with maladies such as corruption,

unresponsiveness, financial mismanagement, lack of accountability, political interference, etc. It

was expected that the Constitution 74th Amendment would reverse this trend and once again

entrust the responsibilities for the upkeep and development of towns and cities to Municipalities

and corporations. Article 243G and 243W of the Constitution provide for the State laws to

endow the Panchayats and Municipalities respectively with such powers and authority as may be

necessary to enable them to function as institutions of self-government. The Eleventh and

Twelfth Schedules to the Constitution Lists 29 and 18 items respectively for Panchayats and

Municipalities. It is important to note that neither these Schedules are exhaustive nor they signify

a variety of functions.  In essence, these Schedules are illustrative only.

Article 243W. Powers, authority and responsibilities of Municipalities, etc.—

Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow—

(a) the Municipalities with such powers and authority as may be necessary to enable them to

function as institutions of self-government and such law may contain provisions for the

devolution of powers and responsibilities upon Municipalities, subject to such conditions as may

be specified therein, with respect to—

(i) the preparation of plans for economic development and social justice;

(ii) the performance of functions and the implementation of schemes as may be entrusted

to them including those in relation to the matters listed in the Twelfth Schedule;

(b) the Committees with such powers and authority as may be necessary to enable them to carry

out the responsibilities conferred upon them including those in relation to the matters listed in the

Twelfth Schedule.

LEGISLATIVE POWER OF LOCAL SELF GOVERNMENT IN WEST

BENGAL

MUNICIPALITIES

The characteristic features or municipal governance in West Bengal are as follows:

The State Government constitutes Municipalities after taking into consideration

the public opinion of the concerned areas.

Municipal areas are divided into several wards mainly depending on the

population size of the Municipality.

Term of a municipal Board is fixed to 5 years.

Each ward is represented by a member being elected directly by the people of

that ward.

One-third of the total seats of a municipality is reserved for women.

Seats are proportionately reserved for the weaker sections viz. Scheduled Caste

(SC), Scheduled Tribe (ST) of that municipality.

The Councillors elected directly by the people constitutes the Board of

Concillors, which governs Municipalities.

Municipal elections are conducted at a regular interval of five years under the

direct supervision of the State Election Commission, which is a statutory body.

Mayors/Chairpersons of the municipal bodies are directly elected by the

councilors.

The corporations and municipal towns are governed by a cabinet form of local

self-government through the Mayor-in-Council/ Chairman-in-Council model in the

ULBs.

Mayors/ Chairpersons run the municipal administration with the assistance of

their respective council members.

Chairman of the Corporation conducts the business in the meetings of the

Corporation.

There are borough committees in municipal bodies having more than 0.3

million population & in the Municipal Corporations to ensure further decentralisation

down below the municipal level.

Respective Municipalities appoint their officers and employees with approval

of the State Government.

The State Government may appoint officers in the Municipalities from its own

cadre of officers to support the municipal administration.

There are Municipal Accounts Committees in the municipalities to keep vigil

on municipal accounts.

The Municipalities are required to conduct internal audit.

The Municipal Bodies are to perform obligatory and discretionary functions in

the arena of providing Civic Services, development planning & the other socio

economic spheres enumerated in the 12th Schedule of the Constitution of India.

The West Bengal Municipal Act, 1993

Previously the Municipal Affairs of this State was administered by the Bengal Municipal Act,

1932. Later, in the end of ‘80s it was felt necessary to replace the said Act with an updated

legislation. Accordingly the West Bengal Municipal Act, 1993 has been enacted on the 13th

day of July, 1994 and the said new Act has replaced the Bengal Municipal Act, 1932.

Salient features of the West Bengal Municipal Act, 1993 are as follows:

1.Fixing Conditions and procedure for constitution of a new Municipality or inclusion of

an area within an existing municipal. For constitution of a Municipality an area shall

have to fulfill the mandatory conditions of a minimum total population of 30,000 (as

per last preceding census), a population density of 750 per sq. km., at least 50% adult

population of the area shall have to be engaged in non-agricultural pursuits and

probable municipal income from the area should be adequate to run the functions of

the proposed municipality. If any area is already urbanized but does not comply with

any of the above mentioned conditions this area may be declared as a Notified Area.

2.Clear determination of administrative structure of the Municipality. As per these

provisions the Chairman is the executive head of the Municipality. The Chairman

nominates one Councillor as the Vice Chairman. In Group A, B and C Municipalities

there are Chairman-in-Councils. Apart from the Chairman and the Vice Chairman

there are other members (for Gr. A -5, for Gr. B – 4, for Gr. C – 3) nominated by the

Chairman from among the Councillors. In Group D and E Municipalities the powers

and functions of the Chairman-in-Council devolves on the Chairman. Apart from

provisions have been made for empowering the Municipalities to constitute Advisory/

recommendery bodies to seek expert help in their work by constitution of Standing

Committees, Special Committees, and Joint Committees.

3.Constitution of ward committees is each ward of every municipality to involve general

citizen in civic administration.

4.Detailed provision for the procedure for conduct of business of different elected

functionaries and municipal officials and their powers.

5.Power and functions of the Municipality.

6.Procedure for custody, applications and use of municipal fund.

7.Power of the municipalities to hold, acquire and dispose of movable and immovable

properties.

8.Provision for preparation of Accounts is Municipal fund annual statutory audit and

internal audit thereof and constitution of Municipal Accounts Committee.

9.Powers of the Municipalities to impose different taxes and fees. The municipalities are

empowered to impose fees on congregation, tourists, toll in heavy truck, and levy of

special conservancy charges. Apart from this the Municipalities are empowered to

impose fees for licenses issued and permissions granted under the provisions of the

Act. The main plank of internal resource of the Municipalities is property tax on lands

and buildings. Provisions have been made to determine such property tax on the basis

of a formula. But such tax (annual) shall not exceed 30% of the annual value of the

land or building concerned. Though the Union Government proportions are exempted

from property tax but the Municipalities are empowered to impose service charge on

such properties at such rates as may be determined by the Central Government. As per

provision of this Act Diplomatic Missions, places of public worship, Government or

Government aided educational institutions, holdings used for charitable purposes,

welfare homes run by the Government and the buildings with a valuation of Rs. 500/-

or less are exempted from payment of property tax. In every five years the periodic

assessment of holdings is done. Detailed procedure fro such assessment is made in the

Act.

Apart from the above the Municipalities are entitled to impose, -

A. fee for enlistment of profession, trade end callings at a maximum rate

of Rs. 1500/- per annum [The State Government, in Municipal Affairs

Deptt., has circulated as model regulation is the matter for adoption by

the Municipalities];

B. fee for issue of license for use of a site for advertisement and also a tax

on advertisement on the basis of a regulation made by the

Municipalities with the approval of the State Government [The State

Government, in Municipal Affairs Deptt., has circulated as model

regulation is the matter for adoption by the Municipalities].

C.  tax for registration of carts and carriages [the rates have been

mentioned in the West Bengal Municipal (Finance & Accounting)

Rules, 1999];

D. tolls on ferries and bridges;

E. stallage, rent and fee on markets;

F. fee for issue of hawking licenses and the licenses for sale of flesh, fish

or poltry;

10. Provisions for realization / recovery of taxes.

11. Powers to control and regulate all public through fares including public streets and

private streets.

12. Power of the Municipalities to regulate building activities and to ensure structural

safety. Through building rules and sanction building plan on realisation of fees as per

provisions of the West Bengal Municipal (Building) Rules, 2007.

13. Provision regarding power of the Municipalities in regard to supply of water and issue

permission for digging wells and sinking tube wells, and realization of fees therefor.

14. Power and function of the Municipality to control, maintain and regulate drains and

sewerage.

15. Manner of solid waste management to be followed by the Municipalities.

16. Provisions regarding control and maintenance of markets and slaughter houses by the

Municipality.

17. Provision regarding fire prevention and fire safety.

18. Detailed procedure regarding preparation of Draft Development Plan.

19. Special Provisions regarding hill Municipalities with an emphasis to safety measures

required to be taken in such areas.

20. Power of the Municipality to ensure public safety by removing nuisances and

restraining infection.

21. Provision delineating the role of the Municipality for maintenance of vital statistics

and disposal of dead.

22. Separate Chapters related to Notified Area Authority and Industrial Townships.

Rules framed under the West Bengal Municipal Act, 1993:

To implement the provisions of this Act the following rules have been made.

1. The West Bengal Municipal (Building) Rules, 2007;

2. The West Bengal Municipal (Finance & Accounting) Rules, 1999;

3. The West Bengal. Municipalities (Procedure & Conduct of Business)

Rules, 1995;

4. The West Bengal Municipal (Ward Committee) Rules, 2001;

5. The West Bengal Municipal (Duties and Responsibilities of Executive

Officer) Rules, 2003;

6. The West Bengal Municipalities (Remuneration and Allowances)

Rules, 1996;

7. The West Bengal Municipal (Internal Audit) Rules, 1997;

8. The West Bengal Municipal (Submission of Annual Administrative

Report) Rules, 1996;

9. The West Bengal Municipal Employees (Recruitment) Rules, 2005;

10. The West Bengal Municipal Employees (Death-cum-Retirement

Benefits) Rules, 2003;

11. The West Bengal Municipal (Levy of Fee for Supply of Water) Rules,

2002; and

The Nabadiganta Industrial Township Authority Rules, 2006.

West Bengal Municipal (Amendment) Bill, 2002

"It is considered necessary and expedient to amend the West Bengal Municipal Act, 1993

(West Ben. Act XXII of 1993) (hereinafter referred to as the said Act) with a view to making the

Act more effective.

2. The main features of the instant legislation may be summarised as follows :—

(a) The Bill contains the provisions to re-determine the size of population for

constitution of Municipalities and its classification in view of increase in

population.

(b) Provisions for abolition of the system of Chairman-inCouncil in Group 'D' and

Group 'E' categories of Municipalities have been incorporated.

(c) The Chairman of the Municipality has been made a whole-time functionary.

(d) Provisions for constitution of different Standing Committees and constitution of

Cadre of Executive Officers, Finance Officers, Engineers and Health Officers of the

Municipalities have also been made.

(e) In order to remove corrupt practices, Municipalities have been brought under the

watch of vigilance authority.

(f) Provisions have also been made in the Bill to enable the Municipalities to go in for

Joint Venture Business.

(g) Allevation in the provisions of property tax has been made to suit the present need.

(h) Chapter regarding preservation and conservation of Heritage Buildings from the

said Act, has been omitted for making it consistent with the provisions of the West

Bengal Heritage Commission Act, 2001 (West Ben. Act XI of 2001).

(i) In addition, the Chairman of the Municipality may, if found guilty of negligence in

duty under the Act or abuse of the powers vested in him, be removed from the

Office."

It extends to the whole of West Bengal, except Calcutta as defined in clause (9) of section 2 of

the Calcutta Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980) and Howrah as

defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980 (West Ben.

Act LVIII of 1980), and such other area as may constitute the territorial jurisdiction of a

municipal corporation established by any law for the time being in force.

Sub-Sec 2(6) of the said act says about “bye-law” which means a set of regulations made by the

municipality under this Act;

CHAPTER XXVIll says about Rules and Regulations

Sec 417 said Power make rules. — (1) The State Government may, after previous publicaion,

make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the matters which under any provision

of this Act are required to be prescribed or to be provided for by rules.

(3) All rules made under this Act shall be laid for not less than fourteen days before the

State Legislature as soon as possible after they are made and shall be subject to such

modification as the State Legislature may make during the session in which they are so laid.

Any modification of the said rules made by the State Legislature shall be published in the

Official Gazette, and shall, unless some later date is appointed by the State Government, come

into force on the date of such publication.

(4) Notwithstanding anything contained in sub-section (1), and sub-section (2), of this

section or elsewhere in this Act, till such time as the State Government makes rules under this

Act, the rules made under the Bengal Municipal Act, 1932 (Ben. Act XV of 1932) and in force

immediately 2[before the commencement] of this Act, shall so far as they are not inconsistent

with the provisions of this Act, be deemed to be the rules made under this Act, and the provisions

of sub-section (3) shall not apply to any rules deemed under this sub-section to be the rules made

under this Act.

Explanation. — "Regulation" shall include by law.

Section-420. Regulations to be subject to approval of State Government. — No regulation

made by the Board of Councillors under this Act shall have any validity unless and until it is

approved by the State Government.

Section-421. Power of State Government to cancel or modify regulations. — (1) If the State

Government is, at any time, of opinion that any regulation made by the Board of Councillors

under this Act should be cancelled or modified, either wholly or in part, it shall cause the

reasons for such opinion to be communicated to the Board of Councillors and shall appoint a

reasonable period, not less than fifteen days, within which the Board of Councillors may make

such representation with regard thereto as it may think fit.

(2)On receipt and consideration of any such representation or, if no such

representation is received, after the expiry of the period as aforesaid, the State

Government may, at any time, by notification, cancel or modify such regulation, either

wholly or in part.

(3)The cancellation or modification of any regulation under subsection (2) shall take

effect from such date as the State Government may specify in the notification under that

sub-section or, if no such date is specified, from the date of publicaiton of such

notification, provided such cancellation or modification shall not affect anything done or

suffered or omitted to be done under such regulation before such date.

(4) Any notification under sub-section (2) shall be published in local newspapers or

in such other manner as the State Government may decide.

Section- 422. Penalty for breach of rules or regulations. — (1) Any rule or regulation made

under this Act may provide that a contravention thereof shall be punishable

(a) with fine which may extend to one thousand rupees;

(b) with an additional fine in the case of a continuing contravention, which may extend to

one hundred rupees for every day during which such contravention continues after

conviction for the first such contravention; and

(c) with additional fine which may extend to fifty rupees for everyday during which the

contravention continues after recipt of a notice from the Municipality requiring the

offender to discontinue such contravention.

(4)Any rule or regulation made under this Act may further provide that the offender shall be

required to remedy, in so far as such remedy lies in his power, the mischief, if any, caused by

the contravention of any rule or regulation made under this Act.

Section-423. Rules and regulations to be available for inspection and purchase. – (1) A copy of

all rules and regulations made under this Act shall be kept at the office of the Municipality and

shall, during office hours, be open, free of charge, to inspection by any inhabitant of the

municipal area.

(2) Copies of all such rules and regulations shall be kept at the office of the Municipality and

shall be sold to the public at such price as the Board of Councillors may determine.

Section-424. Doubts as to powers, duties or functions of municipal authorities. – If any doubt

arises as to the municipal authority to which any particular power, duty or function appertains,

the Chairman shall refer the matter to the State Government and the dicision of the State

Government thereon shall be final.

Functions of the Department 

1. The department is primarily responsible for giving necessary support to all the Urban

Local Bodies that are being constituted in the State of West Bengal.

2. Its role is that of a facilitator and system maintenance manager.

3. Urban Local Bodies are being governed by elected local bodies and they have dual

responsibilities: one to the electorate and another to the State Government .They are

accountable to both.

4. Similarly, the State Government is legally authorised to control the local bodies from the

point of view of a system maintenance manager.

Role of the State Government in M.A. department is to see that the local bodies are

functioning within the bounds of law and discharging the functions as per standard set by

Law, Rules and Regulations.

MUNICIPAL CORPORATION

West Bengal Municipal Corporation Act, 2006.

It extends to the whole of West Bengal, except Kolkata as defined in clause (9) of section 2 of

the Kolkata Municipal Corporation Act, 1980 (West Ben. Act LVII of 1980) and Howrah as

defined in the Howrah Municipal Corporation Act, 1980 (West Ben. Act AIX of 1980).

Notwithstanding anything contained in sub-section (2) the provisions of his Act shall apply to the

district of Darjeeling or any part thereof, subject to such exceptions and modifications as the

State Government may, by notification, direct:

Provided that nothing in this Act shall be construed to affect the powers of be Autonomous Hill

Council for the hill areas specified under sub-section (1) of section 31 of the Darjeeling Gorkha

Autonomous Hill Council Act, 1988 (West Ben. Act XIII of 1988).

The term "Corporation" means a Municipal Corporation, by whatever nam called, constituted

under this Act.

CHAPTER XXIII of this act tell about Rules and Regulations

Section-361. Power to make rules.—(1) The State Government may, after previous Power in

the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing pow such rules may

provide for all or any of the matters which under any provision

rovision of this Act are required to be prescribed or to be provided for by rules.

(3) Notwithstanding anything contained in the foregoing provisions of this section or

elsewhere in this Act, till such time as the State Government makes rules under this Act

providing for all or any of the matters, the rules under the West Bengal Municipal Act, 1993

(West Ben. Act XXII of 1993), the Howrah Municipal Corporation Act, 1980 (West Ben. Act

LVIII of 1980), or the Kolkata Municipal Corporation Act, 1980 (West Ben. Act, LIX of 1980),

providing for all or any of the similar matters may be made applicable to the Corporation by the

State Government to such extent and with such modifications as the State Government may, by

notification, specify.

(4) All rules made under this Act shall be laid for not less than fourteen days before the State

Legislature as soon as possible after they are made and shall be subject to such modifications as

the State Legislature may make during the session in which they are so laid. Any modification of

the said rules made by the State Legislature shall be published in the Official Gazette, and shall,

unless some later date is appointed by the State Government, come into force on the date of such

publication.

Section-362. Power of Corporation to make regulations.—(1) The Corporation may make

regulations, not inconsistent with the provisions of this Act or the rules made there under, for

discharging its functions under this Act.

(2) No regulation made by the Corporation under this Act shall have any validity unless and

until it is approved by the State Government.

(3) Before approving any such regulation, the State Government may modify, it.

Section-363. Penalty for breach of regulations.—(1) Any regulation made under this Act may

provide that a contravention thereof shall be punishable -

(a) with fine which may extend to two thousand and five hundred rupees; or

(b) with fine which may extend to two thousand rupees and, in the case of a continuing

contravention, with an additional fine which may extend to one hundred rupees for

every day during which such contravention continues after conviction for the such

contravention; or

(c) with fine which may extend to one hundred rupees for every day during which the

contravention continues after receipt of a notice from the Commissioner or any other of

the Corporation, duly authorized by the Commissioner, in this behalf, by the person

contravening the regulation, requiring such person to discontinue such contravention.

(2) Any such regulation may also provide that a person contravening the regulation shall be

required to remedy, in so far as it lies within his power, the mischief, if any, caused by such

contravention.

Section-364. Power of State Government to cancel or to modify regulations. –(1) If the State

Government is, at any time, of opinion that any regulation made by the Corporation should be

cancelled or modified, either wholly or in part, it shall cause the reasons for such opinion to be

communicated to the Corporation, and shall specify a period within which the Corporation may

make any representation with regard thereto.

(2) After the expiry of such period and on consideration of the representation of the

Corporation, if any, the State Government may, at any time, by notification, cancel or modify

such regulation, either wholly or in part.

(3) Any notification under sub-section (2) shall be published in local newspapers.

Section-365. Power to amend Schedule – The State Government may by notification, add to,

amend, or alter, any Schedule to this Act.

The Kolkata Municipal Corporation Act, 1980 

Civic Government in Kolkata has started its journey with the enactment of the Calcutta

Municipal Act, 1923. Later this Act was replaced by the Calcutta Municipal Act, 1951. At

last the Act of 1951 was replaced by a new Act namely the Calcutta Municipal Corporation

Act, 1980. The name of ‘Calcutta’ has been converted to ‘Kolkata’ after enactment of the

West Bengal Capital City (Change of Name) Act, 2001.

Powers and functions of the Kolkata Municipal Corporation under the Kolkata Municipal

Corporation Act are almost identical to that of the West Bengal Municipal Act, 1993 with the

following major variations-

The number of wards of Kolkata Municipal Corporation is fixed to 141, and the

boundaries of each ward of Kolkata Municipal Corporation is fixed in scheduled II of

the Act.

The Mayor is the First Citizen of the Corporation. The administration of the

Corporation is run by the Mayor-in-Council constituted the Mayor, the Deputy Mayor

and the maximum of 10 other elected members of the Corporation.

There is a Chairman, elected by the Councilors who exercises the powers in the

Corporations which is similar to that of the Speaker of the Legislative Assembly.

The Mayor nominates one of the Councilors as the Deputy Mayor.

For further decentralization there is a borough setup. Corporation constitutes 15

boroughs which are groups of contiguous wards. Each borough committees civic

administration in borough areas are supervised by a borough committee constituted

by a Councilors of the wards of concerned borough.

The Chief Administrative Officers of the Corporation is the Municipal

Commissioner.

The Corporation is empowered for assessing the properties with in the

Corporation area, unless otherwise the directed by the State Government, for the

purpose of imposition of property tax.

The Corporation is empowered to fix the rates of various fees tolls and taxes in

there bugged estimate.

Gram Panchayat and Panchayati Raj in West Bengal

As in urban areas, so in rural areas there are certain local problems which can be solved

efficiently only by the local people. More than eighty per cent of the Indian people live in

villages and the welfare of the people implies an all-round improvement of the Indian villages.

With this end in view three types of self-governing institutions were created to look after the

affairs of rural areas, namely, the District Board, the local or the Taluk Board and the Union

Board or the Village Panchayat.

The West Bengal Government decided to introduce far-reaching reforms of the units of rural

self-government on the basis of the report of the Balavant Rao Mehta Committee. Accordingly,

the West Bengal legislature passed a new Act in 1963 The Act provided for the creation of four

categories of local self-governing institutions. The Zilla Parishad stands at the apex of these

institutions followed by Anchalik Parishad, Anchal Panchayat and Gram Panchayat. The new

system primarily aimed at implementing the high ideals set forth by the preamble to the

Constitution as also the directive principles of state policy Decentralisation of power is the basic

principle of democracy. Democratic socialism is impossible unless the social structure, the

administrate machinery and the economic organisation of a country are based upon

decentralisation of power. With this end in view, the rural self-governing institutions introduced

in this country by the former British rulers were reconstituted and revitalised so that through the

agencies of these newly-formed institutions, the rural people may be increasingly associated with

the task of planning for development The foundation of the welfare state was strengthened by

providing for participation of the local people in the administration of local affairs affecting their

common interests.

Rural self-government in West Bengal is now regulated by the West Bengal Panchayat Act, 1973

which created a three tier system, namely, (1) Gram Panchayat, (2) Panchayat Samiti, and (3)

Zilla Parishad. The work of these units is supervised by the Director of the Panchayat appointed

by the State Government.

Gram Panchayat-

Gram Panchayats are local governments at the level of villages and small towns. In fact the

Gram Panchayat is the foundation of the Panchayati system in India. A Gram Panchayat is

formed in a village which has 300 or more than 300 population or else two or more villages are

clubbed together. Sarpanch or the Chair Person heads a Gram Panchayat. The main functions of

the Grampanchayat are to look after the basic amenities of the villages under the surveillance of

the Sarpanch. The Gram Panchayat earns its income from the taxes levied on various open

spaces and various other properties of the villages.

Panchayat Samiti

The Panchayat Samiti has taken the place of the former Anchalik Parishad and is the second tier

under the new system. Every district is divided into a number of Blocs consisting of several

neighbouring villages. For each Bloc, there shall be one Panchayat Samiti of which the Bloc

Development Officer (BDO) will act as an ex-officio Executive Officer.

Zilla Parishad

Zilla Parishad looks after the administration of rural areas in a district. The office of the Zilla

Parishad is located in the district headquarters. The main function of this governing body

revolves around providing the essential facilities to the rural people and to initiate the developing

programmes in the villages.

Finally it can be concluded saying that rural local self government in the present day has been

very meticulous to bring about developments in the villages.

Chapter III deals with Power and duties of Gram Panchayat.

Section-19 Obligatory duties of Gram Panchayat.

(1) A Gram Panchayat shall function as a unit of self-government and, in order to achieve

economic development and secure social justice for all, shall, subject to such conditions as may

be prescribed or such directions as may be given by the State Government,—

(a) prepare a development plan for the five-year term of the office of the members and revise and

update it as and when necessary with regard to the resources available;

(b) prepare an annual plan for each year by the month of October of the preceding year for

development of human resources, infra-structure and civic amenities in the area;

(c) implement schemes for economic development and social justice as may be drawn up by, or

entrusted upon it.

(2) [Without prejudice to the generality of the provisions of subsection (/) and subject to such

conditions as may be prescribed or such directions as may be given by the State Government,]

the duties of a Gram Panchayat shall be to provide within the area under its jurisdiction for—

(a) sanitation, conservancy and drainage and the prevention of public nuisances;

(b) curative and preventive measures in respect of malaria, small pox, cholera or any other

epidemic;

(c) supply of drinking water and the cleansing and disinfecting the sources of supply and storage

of water;

(d) the maintenance, repair and construction of public streets and protection thereof;

(e) the removal of encroachments of public streets or public places;

(f) the protection and repair of buildings or other property vested in it;

(g) the management and care of public tanks, subject to the provisions of the Bengal Tanks

Improvement Act, 1939, common grazing grounds, burning ghats and public graveyards;

(h) the supply of any local information which the District Magistrate, the Zilla Parishad'[, the

Mahakuma Parishad, the Council] or the Panchayat

Samiti within the local limits of whose jurisdiction the-Gram Panchayat is situated may require;

(i) organising voluntary labour for community works and works for the upliftment of its area;

(j) the control and administration of the Gram Panchayat Fund established under this Act;

(k) the imposition, assessment and collection of the taxes, rates or fees livable under this Act;

(l) the maintenance and 2[control of Dafadars, Chowkidars and Gram Panchayat Karmees]

within its jurisdiction and securing due 3[performance by the Dafadars, Chowkidars and Gram

Panchayat Karmees] of the duties

(m) the constitution and administration of the Nyaya Panchayat established under this Act; and

(n) the performance of such functions as may be transferred to it under section 31 of the Cattle-

trespass Act, 1871. imposed on them under this Act;

Section 21- Discretionary duties of Gram Panchayat.

Subject to such conditions as may be prescribed, a Gram Panchayat may, and shall if the State

Government so directs, make provision for—

(a) the maintenance of lighting of public streets;

(b) planting and maintaining trees on the sides of public streets or in other public places vested in

it;

(c) the sinking of wells and excavation of ponds and tanks;

(d) the introduction and promotion of co-operative fanning, co-operative stores, and other co-

operative enterprises, trades and callings;

(e) the construction and regulation of markets, the holding and regulation of fairs, melas and hats

and exhibitions of local produce and products of local handicrafts and home industries;

(f) the allotment of places for storing manure;

(g) assisting and advising agriculturists in the matter of obtaining State loan and its distribution

and repayment;

(h) filling up of insanitary depressions and reclaiming of unhealthy localities;

(i) the promotion and encouragement of cottage 2[, Khadi, village and small-scale including food

processing] industries;

(i1) promotion of dairying and poultry;

(i2) promotion of fishery;

(i3) poverty alleviation programme;

(j) the destruction of rabbit or ownerless dogs;

(k) regulating the production and disposal of foodstuffs and other commodities in the manner

prescribed;

(l) the construction and maintenance of surais, dharmasalas, rest houses, cattle sheds and cart

stands;

(m) the disposal of unclaimed cattle;

(n) the disposal of unclaimed cropses and carcasses;

(o) the establishment and maintenance of libraries and reading rooms;

(p) the organisation and maintenance of akharas, clubs and other places for recreation or games;

(p1) cultural activities including sports and games;

(p2) social welfare including welfare of the handicapped and

mentally retarded:

(p3) welfare of socially and educationally backwardclasses of citizens and, in particular, of the

Scheduled Castes and the

Scheduled Tribes;

(p4) public distribution system; (p5) maintenance of community assets;

(q) the maintenance of records relating to population census, crop census, cattle census and

census of unemployed persons and of other statistics as may be prescribed;

(r) the performance in the manner prescribed of any of the functions of [the Zilla Parishad or the

Mahakuma Parishad or the Council, as the case may be,] with its previous approval, calculated

to benefit the people living within the jurisdiction of the Gram Panchayat;

(s) rendering assistance in extinguishing fire and protecting life and property when fire occurs;

(t) assisting in the prevention of burglary and dacoity; and

(u) any other local work or service of public utility which is likely to promote the health,

comfort, convenience or material prosperity of the public, not otherwise provided for in this Act.

CONCLUSION

At present, there are about 3 million elected representatives at all levels of the panchayat one-

third of which are women. These members represent more than 2.4 lakh Gram Panchayats, about

6,000 intermediate level tiers and more than 500 district panchayats . Spread over the length and

breadth of the country, the new panchayats cover about 96 per cent of India's more than 5.8 lakh

villages and nearly 99.6 per cent of rural population. This is the largest experiment in

decentralisation of governance in the history of humanity.

The Constitution visualises panchayats as institutions of self-governance. However, giving due

consideration to the federal structure of our polity, most of the financial powers and authorities to

be endowed on panchayats have been left at the discretion of concerned state legislatures.

Consequently, the powers and functions vested in PRIs vary from state to state. These provisions

combine representative and direct democracy into a synergy and are expected to result in an

extension and deepening of democracy in India. Hence, panchayats have journeyed from an

institution within the culture of India to attain constitutional status.

Other Municipal Corporation Acts

 Apart from Kolkata there are five others Municipal Corporations in the State namely the

Howrah Municipal Corporation, Siliguri Municipal Corporation, Asansol Municipal

Corporation, Chandannagar Municipal Corporation and Durgapur Municipal Corporation.

All these Municipal Corporation are been administered by the separate the Howrah

Municipal Corporation Act, 1980, the Siliguri Municipal Corporation Act, 1990, the Asansol

Municipal Corporation Act, 1990, the Chandannagar Municipal Corporation Act, 1990 and

the Durgapur Municipal Corporation Act, 1994.

 

Municipal and Urban Planning in West Bengal during the 11th Five Year Plan

 Approach

Decentralised and balanced development in planned manner

Integrated development of periurban area that are susceptible to unplanned growth and

development

Development of new townships

Land Use and Development Control plan to facilitate planned development

Holistic and inclusive development addressing the concerns of urban poor

Improved municipal governance to ensure sustainable growth

Urban Challenges

Provisioning of infrastructure -

water supply, sewerage , drainage, roads, etc.

To ensure access to services by the urban poor

Efficient service delivery mechanism

O&M of assets to ensure sustained benefit

To prevent marginalization of urban poor

To provide a healthy and living environment

Infrastructure Development - Focus

To cover all urban area with improved water supply system

Emphasis given under JNNURM on water supply

Project involving Rs.617.55 crores already approved.

Developing improved drainage system at least in major towns and town with chronic

water logging problem.

Development of sewerage network in phases to begin with towns having sewerage

treatment facility created under NRCP.

Development of advanced traffic and transportation system in large and medium towns.

Development of infrastructural facilities through PPP also.

Planned Growth and Development

Identification of landfill site on regional basis

Scientific management of landfill sites through PPP option.

Removal of solid waste in 6 KMA towns with JBIC fund.

Implementation of laws restricting use of plastic bags.

Plantation of trees in various parts of urban areas.

Making rainwater harvesting, solar energy and waste water cycling mandatory in

houses above 14.5 metres height in urban areas

In the recent years Local Self Government has been playing a vital role. These local bodies

provide services to the local community as well as act as an instrument of democratic self-

government. In addition to that Local government has become essential; part of the national

government structure. This level of government is recognised by the people as they are close to

the citizens and involve them in the decision making process. Local government is of two types

that include urban local government and rural local government. Urban local government was

manifested in Municipal Corporations, Municipal Councils, Town Area Committees and

Notified Area Committees. However, the Seventy-Fourth Constitution Amendment Act adopted

in 1992 proposes to form a uniform structure of Municipal Corporations, Municipal Councils and

Nagar Panchayats in transitional areas. Nevertheless, the Rural local government operates

through Zilla Panchayats (Parishads), Taluka Panchayats and Village Panchayats. During the last

three decades, empowerment as a strategy is placed in the spectrum of development process. In

the backdrop of economic disparity, gender injustice, along with increased levels of poverty,

illiteracy and ill-health, economic policies in developing countries are being reoriented to

integrate the hitherto neglected 'under privileged', 'weaker sections', 'deprived and marginalized

groups' into the main stream of the society by providing various economic benefits acquired

from either state sponsored projects directly or through the involvement of various local self-

government agencies in the development scenario. In this context, this paper attempts to conduct

a comparative study of the role of local self-government in the state of Nagaland and West

Bengal in India towards empowerment of people below poverty line, which may also have

strategic socioeconomic relevance in other countries. It was found that bringing about positive

changes in the rural socioeconomic scenario in the country is a huge but possible task. It its

suggested that rural local self-governments like Village Development Boards of Nagaland and

Panchayats of West Bengal, having broad community base at the grassroots levels must be

strengthened and empowered.