Nagar Palika Acts in India

• Nagar Palika Acts provide a framework for the establishment, administration, and functioning of municipalities in India.
• These acts are typically enacted by state legislatures, as local government is a state subject under the Indian Constitution.
• The specific provisions of a Nagar Palika Act may vary from state to state, but they generally cover similar areas.

Key Features and Provisions

• Nagar Palika Acts define the types of urban local bodies (ULBs) to be constituted, such as Municipal Corporations, Municipal Councils, and Nagar Panchayats, based on population size, density, and economic importance of the urban area.
• The structure of the ULB includes the number of elected representatives (councillors or corporators), and the reservation of seats for Scheduled Castes, Scheduled Tribes, Other Backward Classes, and women.
• The process for conducting municipal elections, including voter registration, delimitation of wards, and the role of the State Election Commission are specified.
• The mandatory and discretionary functions of the municipality are outlined, which may include providing basic services like water supply, sanitation, waste management, road maintenance, street lighting, and town planning.
• Sources of revenue for the municipality are described, such as property tax, octroi (in some older acts), user charges, grants from the state and central governments, and borrowing powers.
• The constitution of various committees within the municipality is provided to oversee specific functions, such as finance, public health, and town planning.
• In municipalities with a population above a threshold (e.g., 3 lakhs), the Act may require the establishment of wards committees to promote citizen participation at the local level.
• The appointment, powers, and functions of the Chief Executive Officer (e.g., Municipal Commissioner or Executive Officer) are specified, who is responsible for the day-to-day administration of the municipality.
• Mechanisms for state government control and supervision over the municipality are outlined, including powers to inspect, audit, and issue directives.
• Penalties for violations of the Act and related rules and regulations are specified.

74th Constitutional Amendment Act, 1992

• The 74th Amendment Act of 1992 is a significant milestone in the history of municipal governance in India.
• Part IX-A was added to the Constitution, titled "The Municipalities".
• The establishment of municipalities with a uniform structure across the country is mandated.
• It aims to promote decentralization and people's participation in urban governance.
• State Nagar Palika Acts are expected to be in conformity with the provisions of the 74th Amendment Act.

Key Provisions of the 74th Amendment Act

• Every state should constitute Nagar Panchayats for areas in transition from rural to urban, Municipal Councils for smaller urban areas, and Municipal Corporations for larger urban areas.
• All the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area.
• Wards Committees shall be constituted in municipalities with a population of three lakhs or more.
• Seats shall be reserved for Scheduled Castes and Scheduled Tribes in every municipality in proportion to their population, and not less than one-third of the total number of seats shall be reserved for women.
• Every municipality shall have a term of five years and Elections to constitute a municipality shall be completed before the expiry of its term.
• Persons disqualified under any law for election to the State Legislature are also disqualified for being chosen as a member of a Municipality.
• State legislatures may endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government, including responsibilities like preparation of plans for economic development and social justice and implementation of schemes.
• The Finance Commission constituted under Article 243-I to review the financial position of the Panchayats shall also review the financial position of the Municipalities.
• The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission.
• The provisions of Part IX-A shall apply to Union territories.
• Part IX-A does not apply to certain scheduled areas and tribal areas.

Functions of Municipalities

• Urban planning including town planning.
• Regulation of land-use and construction of buildings.
• Planning for economic and social development.
• Water supply for domestic, industrial and commercial purposes.
• Public health, sanitation conservancy and solid waste management.
• Fire services.
• Urban forestry, protection of the environment and promotion of ecological aspects.
• Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.
• Slum improvement and upgradation.
• Urban poverty alleviation.
• Provision of urban amenities and facilities such as parks, gardens, playgrounds.
• Promotion of cultural, educational and aesthetic aspects.
• Burials and burial grounds; cremations, cremation grounds and electric crematoriums.
• Cattle ponds; prevention of cruelty to animals.
• Vital statistics including registration of births and deaths.
• Public amenities including street lighting, parking lots, bus stops and public conveniences.
• Regulation of slaughter houses and tanneries.

State Variations

• Each state in India has its own Nagar Palika Act, which is in line with the 74th Constitutional Amendment Act but may have state-specific provisions.
• These state acts detail the specific rules and regulations for the functioning of municipalities within that state.
• Examples include the Maharashtra Municipal Corporation Act, the Tamil Nadu District Municipalities Act, and the Uttar Pradesh Municipal Corporation Act
• Financial provisions, composition of committees, and extent of devolution of functions may vary across states.

Challenges and Issues

• Many municipalities struggle with limited financial resources, making it difficult to provide basic services and undertake development projects.
• Municipal staff may lack the necessary skills and training to effectively perform their functions.
• State governments may not have fully devolved the functions and powers to municipalities as envisaged by the 74th Amendment.
• Citizen participation in municipal governance is often limited, hindering accountability and responsiveness.
• Corruption and inefficiency can undermine the effectiveness of municipal services and development programs.