The Gazetteers Department

The total area under the administration of the municipalities in the district during 1961-62 was nearly 247 km² (95.5 square miles) with a population of 1,92,430. There are six municipalities in this district at Sangli, Miraj, Tasgaon, Vita, Ashta and Islampur. Of these, Sangli and Miraj are the city municipalities and the rest are the district municipalities. They 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 be a ' municipal district' and also to alter the limits of any existing municipal district. In every municipal district, a municipality has to be constituted consisting of elected councillors, the Commissioner having power to nominate councillors to represent constituencies which fail to elect the full number allotted to them. The State Government has power to prescribe the number and the extent of the wards to be constituted in each municipal district and the number of councillors to be elected by each ward. 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 and either appointed by the Government or elected by the municipality if the State Government so directs. There shall be a Vice-President for every municipality elected by the councillors from amongst themselves but if the president is appointed by the State Government or if he is the ex-officio president the result of the election shall, if the State Government, by general or special order from time to time so directs, be subject to the approval of the State Government or of the Divisional Commissioner.

The government of a municipal district vests in the municipality. The president is the head of the municipality whose duty is to-

(a) preside over the meetings of the municipality;

(b) watch the financial and executive administration and to perform such other executive functions as may be performed by the municipality; and

There is a provision for the compulsory constitution of a Managing Committee in case of all the municipalities and of a pilgrim committee in case of those municipalities which have been specially notified by the State Government. Option is also left to the municipalities to appoint other executive or consultative committees.

The Act divides the duties of the municipalities into obligatory and optional. The former includes all matters essential to the health, safety, convenience and well-being of the population, while the latter covers those which, despite being legitimate objects of local expenditure, are not considered absolutely essential. The following are among the obligatory duties laid on all municipalities: -

(a) lighting public streets, places and buildings;

(b) watering public streets and places;

(d) extinguishing fires, and protecting life and property when fires occur;

(e) regulating or abating offensive or dangerous trades or practices.

(f) removing obstructions and projections in public streets or places;

(g) securing or removing dangerous buildings or places and reclaiming unhealthy localities;

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

(i) constructing, altering and maintaining public streets, culverts, municipal boundary-marks, markets, slaughter-houses, latrines, privies, urinals, drains, sewers drainage works, sewage works, baths, washing places, drinking fountains, tanks, wells, dams and the like;

(j) obtaining a supply or an additional supply of water, proper and sufficient for preventing danger to the health of the inhabitants from the insufficiency or un-wholesomeness of the existing supply when such supply or additional supply can be obtained at a reasonable cost;

(k) naming streets and numbering of premises;

(t) registering births and deaths;

(m) carrying out public vaccination;

(n) providing suitable accommodation for any calves, cows or buffaloes required within the municipal district for the supply of animal lymph;

(o) establishing and maintaining hospitals and dispensaries and providing medical relief;

(p) establishing and maintaining primary schools;

(q) printing such annual reports in the municipal administration of the district as the State Government by general or special orders requires the municipality to submit;

(r) paying the salary and the contingent expenditure on account of such police or guards as may be required by the municipality for the purposes of this Act or for the protection of any municipal property;

(s) disposing of night-soil and rubbish and, if so required by the State Government, preparing compost manure from such night-soil and rubbish;

(f) constructing and maintaining residential quarters for the conservancy staff of the municipality;

(u) providing special medical aid and accommodation for the sick in time of dangerous diseases; and taking such measures as may be required to prevent the outbreak of the epidemic or to suppress it and prevent its recurrence;

(v) giving relief and establishing and maintaining relief works in time of famine or scarcity to or for destitute persons; and

(w) paying for the maintenance and treatment of lunatics and lepers and persons affected by rabies.

Municipalities may, at their discretion, provide out of their funds for the following among others: -

(a) laying out new public streets;

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

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

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

(f) undertaking construction, purchase, organisation, mainten-ance, extension and arrangement of mechanically propelled transport facilities for the conveyance of the public;

(s) promoting the wellbeing of municipal employees and their dependants;

(h) providing accommodation for municipal employees and their dependants;

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

(xi) 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 not involving an increase of the amount to be imposed or to such conditions, as to application of a party 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 an obligation to execute or perform but which it has failed to execute or perform.

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

Since the passing of the Bombay Primary Education Act (LXI of 1947), the control of the primary education has virtually been transferred from small municipalities and the District Local Board to the Sangli District School Board. The Primary Education Act divides municipalities into two categories, viz., (1) those authorised to control all approved schools within their areas, and (2) those not so. authorised. All smaller municipalities being non-authorised, have to pay over to the District School Board only 5 per cent of the rateable value of the properties in their areas as a contribution towards meeting the expenses on education. Since May 1, 1962 the District Local Board and the District School Board have been abolished and the subject of primary education has been transferred to the Zilla Parishad.

Control over the municipalities is exercised by the Collector, the Divisional Commissioner, and the State Government. 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 any books or documents, in its possession or under its control. He may also require a municipality to take into its consideration any objection he has to any of its acts or information which he is able to furnish necessitating any action on its part. These powers are delegated by the Collector to the Assistant or the 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 any works, or the doing of any act which a municipality is empowered to execute or do and 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 the performance of that duty and if that duty is not performed within the period stipulated, the Commissioner may appoint some 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 the 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 his duties.

The audit of all local funds accounts is provided for under the Bombay Local Fund Audit Act (XXV of 1930). The Commissioner, on receipt of the report of the Chief Auditor, Local Funds 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 illegal payment. Appeal against the order may be made either to the District Court or to the State Government.

All the municipalities in this district are non-authorised municipalities within the meaning of section 2 (12) of the Bombay Primary Education Act, 1947 and every non-authorised municipality was required to pay annually to the District Local Board, Sangli certain contribution towards: primary education under section 41 of the Bombay Primary Education Act, 1947. Since the formation of the Zilla Parishad, all these municipalities have to pay this contribution to the Zilla Parishad, Sangli.

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