LOCAL SELF-GOVERNMENT

MUNICIPALTIES

The Hyderabad District Municipalities Act, 1956 (No. XVII of 1956) which embodies the provisions of all the enactments regarding city and town municipalities came into force with effect from August 11, 1956. [Refer Gazette No. 182, dated August 11, 1956 (ex-Hyderabad State) for the date of publication of the Act] There are three city municipalities and four town municipalities in the district. Bhir, Ambejogai and Parali are the city municipalities while Manjlegaon, Georai, Ashti and Dharur are the town municipalities. The Act empowers the Government to declare a municipality as a town municipality if the population of the town is between 5,000 and 15,000, and a city municipality if the population exceeds 15,000. All the municipalities in the district are governed under the Hyderabad District Municipalities Act, 1956. [However, recently all the municipalities in the state have been brought under the purview of the Maharashtra Municipalities Act, 1965.]

The state government have powers to include any local area adjacent thereto, within the limits of a municipality or exclude any local area included in a municipality by issue of a notification in the official gazette, which is generally done in consultation with the municipal committee. The term of office of a municipal committee is for three years and could be extended by the government to four years under special circumstances. Each city municipality has to establish a municipal committee having authority over the city municipality and each town municipality has to form a town committee having control over the town municipality. Such committees shall consist of such number of members elected from the constituencies, on scale of not more than one member for every 1,500 persons subject to a maximum of thirty-four and seventeen members, respectively. A few seats are reserved for scheduled castes and scheduled tribes, the precise number of seats being determined by the government based on the population of such tribes in the municipal area.

Councillors elect from among themselves a president and a vice-president for every municipality. The president presides over the meetings of the committee, keeps watch over the financial and executive administration of the committee, and directs the execution or stoppage of any work or act which is necessary for the service or safety of the public and orders incurring of expenditure at such work from the municipal fund, subject to the approval of the committee.

In the absence of the president, the vice-president exercises the powers and discharges the functions of the president.

Each municipality is headed by an executive officer appointed by competent authority who discharges duties according to the provisions of the act and has to carry out instructions issued by government from time to time.

The principal duties of the executive officer are:—

(a) to carry out the decisions and resolutions of the committee,

(b) to maintain and supervise the registers and accounts of the committee,

(c) to advise the committee regarding the laws applicable to any particular case, and

(d) to prepare budget estimates and submit them to the committee.

He is also empowered to—

(a) make such requisition by written notice or give such written consent or permission, grant such licences, issue such orders and exercise all such powers as may vest in a municipal committee under any relevant provision of the act,

(b) suspend, withhold, or withdraw any licences so granted,

(c) receive, recover and credit fees payable for such licences and permissions granted by him to the municipal fund and

(d) make appointments to the posts of which the monthly salary does not exceed Rs. 30.

The functions of the committee have been divided into obligatory and optional. All matters essential for the health, safety, convenience and well-being of the population fall under the former category while those which are not considered absolutely essential, fall under the latter category.

Obligatory duties of a municipality are: —

(1) lighting arrangements of public streets, places and buildings,

(2) watering of public streets and places,

(3) cleansing public streets, places and places which are open to public enjoyment,

(4) extinguishing fires and protecting life and property whenever fires occur,

(5) regulating or abating offensive or dangerous trades and practices,

(6) securing or removing dangerous buildings or places and reclaiming unhealthy localities,

(7) acquiring, maintaining, changing and regulating places for the disposal of the dead,

(8) constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, slaughterhouses, latrines, privies, urinals, drains, sewers, drainage works, sewage-works, baths, washing places, drinking fountains, tanks, wells, dams and alike,

(9) obtaining adequate supply of water, for preventing danger to the health of the inhabitants and their domestic animals,

(10) naming streets and numbering the houses,

(11) registering births and deaths,

(12) carrying out public vaccination,

(13) providing suitable accommodation for calves, cows or buffaloes required within the municipal limits for the supply of animal lymph,

(14) taking such measures as may be required to prevent the outbreaks, spread or recurrence of any infectious diseases,

(15) establishing and maintaining public hospitals and dispensaries and providing medical relief,

(16) providing special medical aid and accommodation for the sick at the time of outbreak of any infectious disease,

(17) destruction of vermin causing danger and of stray dogs,

(18) giving relief and establishing and maintaining relief works at the time of scarcity and

(19) establishing and maintaining the maternity houses and child welfare centres.

Discretionary functions of the municipality are as under: —

(1) constructing houses for persons belonging to lower income group and the housing of any class of servants employed by the Committee,

(2) constructing and maintaining houses for orphans, beggars, cripples, destitutes, etc.,

(3) regulating lodging houses, camping grounds and rest houses,

(4) organising, maintaining or managing transport facilities for the conveyance of the public or goods,

(5) establishing and maintaining libraries, museums and art galleries or constructing buildings therefor,

(6) laying out new public streets,

(7) furthering educational objects,

(8) constructing, establishing or maintaining public parks, gardens, libraries, museums, dharmashalas, etc., for the public,

(9) planting and maintaining roadside and other trees and (10) establishing and maintaining a farm or a factory for the disposal of sewage.

Municipal taxation may consist of the following items: —

(i) a rate on buildings and lands,

(ii) a tax on ail or any vehicles, boats or animals used for riding, draught or burden,

(iii) a toll on vehicles (other than motor vehicles),

(iv) an octroi on animals and goods,

(v) a tax on dogs,

(vi) a general or special water rate or both,

(vii) a lighting tax.

(viii) a tax on pilgrims,

(ix) a tax on entertainments,

(x) a tax on transfer of immovable property and

(xi) a tax on professions, trades, etc.

The rules regarding levy of such taxes prescribing the maximum and the minimum rates therefor, have been framed. Although many taxes are levied by the municipalities, yet, in case they face a deficit their incomes are supplemented by government grants of both recurring and non-recurring nature. The collector, the divisional commissioner [Since the introduction of the Maharashtra Municipalities Act, 1965, the control over the municipalities is exercised by the Director of Municipal Administration, Bombay.] and the state government exercise control over the muncipalities. The government and any other competent authority authorised by government have powers to suspend the execution of any resolution passed by the committee or prohibit the doing of any act by it which is considered to be in contravention of or in excess of powers conferred upon it by the act or is likely to lead to a breach of public peace, provided that a reasonable time and opportunity are afforded to the committee to show cause why action should not be taken to suspend the resolution.

If the government is satisfied that a committee has made default in performing any duty imposed on it by or under the act, it may by order fix a time-limit for the performance of that duty. If such an order is not complied with within the stipulated time, government may direct its performance and require the committee to pay the expenses incurred for the same.

If in the opinion of government, a committee persistently makes default or is not competent to perform its duties or exceeds or abuses its powers, it may by notification published in. the gazette, direct the dissolution and reconstitution of such a committee.
Upon publication of such notification, all members of the committee including its president and vice-president shall forthwith be deemed to have vacated their offices.
The city municipalities and town committees in this district are functioning as elected bodies for the last ten years.

The following table gives the information regarding the municipalities in Bhir district: —

TABLE No. 1

Municipalities in Bhir District