LOCAL SELF-GOVERNMENT

MUNICIPALITIES

The total area under the administration of municipalities in the district in 1961 was 136.8O km². (52.82 sq. miles) with a population of 204,351 according to the 1961 census. There are six municipalities in the district at Dhulia, Nandurbar, Dondaicha. Shahada, Shirpur and Taloda. Of these Dhulia and Nandurbar are borough municipalities and the rest are district municipalities. The following statement gives the area and population of the municipalities in the district along with the number of councillors, reserved seats, etc.

*Figures in brackets denote area in sq. miles.

The borough municipalities of Dhulia and Nandurbar are governed under the Bombay Municipal Boroughs Act (XVIII of 1925). The other municipalities in the district are all governed under the Bombay District Municipal Act (III of 1901). The State Government has power to declare by notification any local area to he a "Municipal district" and also to alter the limits of any existing municipal district. The term of office of a municipality is for four years, but it could be extended to an aggregate of five years by an order of the Commissioner. Under the Act, every municipality has to be presided over by a President selected from among the councillors. Each municipality will have a Vice President elected by the councillors from amongst themselves.

The government of a municipal district vests in the municipality. The President as the head of the municipality has to-

(a) preside over the meetings of the municipality,

(b) watch over the financial and executive functions as may be performed by the municipality, and

(c) exercise supervision and control over the acts and proceedings of all officers and servants of the municipality.

There is provision for the compulsory constitution of a managing committee in case of all municipalities and of a pilgrim committee in the case of those municipalities which have been specially notified by the State Government. Constitution of other executive or consultative committees is optional. The Act stipulates obligatory and optional duties, the municipality has to perform. The former include all matters essential to the health, safety, convenience and well-being of the population, while the latter cover those which, despite being legitimate objects of local expenditure, are not considered absolutely essential.

Municipalities may, at their discretion, provide out of their funds for the following among other works:−

(a) reclaiming unhealthy localities, laying out whether in areas previously built upon or not, new public streets, and acquiring land for the purpose;

(b) constructing, establishing and maintaining public parks, gardens, libraries, museums, lunatic asylums, public halls, dharmashalas, rest houses, homes for the disabled and destitute persons and other public buildings,

(c) extending educational activities besides establishment and maintenance of primary schools;

(d) securing or assisting to secure suitable places for the carrying on of the offensive trades;

(e) maintaining a farm or a factory for the disposal of sewage;

(f) constructing sanitary dwellings for the poorer classes; and

(g) undertaking any measure likely to promote the public safety, health, convenience or education.

Municipal taxation may embrace the following items: -

(i) a rate on buildings and lands;

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

(iii) a toll on vehicles (other than motor vehicles or trailers) and animals used as aforesaid;

(iv) an octroi on animals and goods;

(v) a tax on dogs;

(vi) a special sanitary cess upon private latrines, premises or compounds, cleansed by the municipal agency;

(vii) a general sanitary cess for the construction and maintenance of public latrines, and for the removal and disposal of refuse;

(viii) a general water-rate or a special water-rate or both,

(ix) a lighting tax;

(x) a tax on pilgrims;

(xi) a special educational tax; and

(xii) any other tax authorised by the State Government.

Instead of (i), (vii), (viii) and (ix), a consolidated tax assessed as a rate on buildings or lands may be imposed.

The rules regulating the levy of taxes have to be sanctioned by the Commissioner, who has been given powers, to subject the levy to such modifications as not involving an increase of the amount to be imposed or to such conditions as to application of a part or whole of the proceeds of the tax to any purpose.

The State Government may raise objections to the levy of any particular tax which appears to it to be unfair in its incidence or obnoxious to the interest of the general public and suspend the levy of it until such time as the objections are removed. The State Government may require a municipality to impose taxes when it appears to it that the balance of the municipal fund is insufficient for meeting any cost incurred by any person acting under the directions of the Collector or of the Commissioner, for the execution of any work or the performance of any duties which the municipality is under obligation to execute or perform but which it has failed to execute or perform.

The rates at which the taxes are levied by the municipalities do not always enable them to meet all their expenditure. Their incomes have to be supplemented by numerous Government grants, both recurring and non-recurring. For instance grants are made by the Government to municipalities towards water-supply and drainage schemes, expenditure on controlling epidemics, payment of dearness allowance to staff, etc. These grants add substantially to the municipal income.

Control over the municipalities in the district is exercised by the Collector, Dhulia district, the Commissioner, Bombay Division and the State Government. [Since the passing of Maharashtra Municipalities Act, 1965, the powers are now exercised by the Director of Municipal Administration.] The Collector has powers of entry and inspection in regard to any immovable property occupied by a municipality or any work in progress under it. He may also call for extracts from the proceedings of a meeting of the municipality or for any books or documents in its possession or under its control. He may also require a municipality to take into consideration any objection he has to any of its acts or any action on its part. These powers are delegated by the Collector to the Assistant or Deputy Collectors in charge of prants.

The Commissioner has powers to order a municipality to suspend or prohibit, pending orders of the State Government the execution of any of its order or resolution, if in his opinion, it is likely to cause injury or annoyance to the public or to lead to a breach of peace or is unlawful. In cases of emergency, the Commissioner may provide for the execution of works, or the doing of any act which a municipality is empowered to execute or do or the immediate execution or doing of which is necessary for the health or safety of the public and may direct that the expenses shall be forthwith paid by the municipality. Subject to appeal to the State Government, the Commissioner is also empowered to require a municipality to reduce the number of persons employed by it and also the remuneration assigned to any member of the staff. On the recommendation of a municipality, he can remove any councillor guilty of misconduct in the discharge of his duties.

When satisfied that a municipality has made a default in performing any statutory duty imposed on it, the State Government may direct the Commissioner to fix a period for performance of that duty, and if that duty is not performed within the period stipulated, the Commissioner may appoint some other person to perform it and direct that the expenses shall be forthwith paid by the municipality. If the State Government is of the view that any municipality is not competent to perform or persistently makes default in the performance of its duties or exceeds or abuses its powers, it may either dissolve the municipality or supersede it for a specific period. The president or vice-president of a municipality may be removed by the State Government for misconduct or for neglect or incapacity in regard to the performance of their duties.

The audit of all local fund accounts is provided for under the Bombay Local Funds Act (XXV of 1930). The Commissioner, on receipt of report of the Chief Auditor, Local Fund Accounts, Bombay may disallow any item of expenditure which appears to him to be contrary to law and surcharge the same on the person making or authorising the making of the illegal payment. Appeal against the order may be made either to the District Court or to the State Government.

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