LOCAL SELF-GOVERNMENT

MUNICIPALITIES

The total area in the district under the administration of municipalities in 1958, was 102.31 square miles with a population of 1,21,742, according to the 1951 Census. The Phaltan municipality from the former Phaltan State was constituted as a district municipality under the Bombay District Municipal Act, 1901 (III of 1901), after the merger of the Phaltan State. There are two borough municipalities in the Satara district, viz., the Satara City Borough Municipality and the Karad Borough Municipality, which are governed by the Bombay Municipal Boroughs Act, 1925 (XVIII of 1925), and the others are district municipalities governed by the Bombay District Municipal Act, 1901 (III of 1901).

The following is the list of the Municipalities in the Satara district with their population according to the 1951 Census, area, number of wards, total number of councillors, number of seats reserved for the representatives of women, the scheduled castes and scheduled tribes and number of nominated seats:—

contd.

*The population given in the Census Hand Book is of the revenue village which in area is much bigger than the Municipal district administered by the municipality. But the population of the revenue village more or less approximates to the population of the municipal town, as the area of the revenue village not included in the municipal district is more or less unhabitated as it is composed only of agricultural fields. The cultivators stay in the town and go to the fields when they have to perform agricultural operations.

District Municipalities.

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 of the Division having power to nominate councillors to represent constituencies which fail to elect the full number allotted 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. Till 26th January 1960, it could also reserve seats for the representation of women, the scheduled castes and the scheduled tribes.

The term of office of a municipality is four years, but it can be extended to an aggregate of five years by an order of the Commissioner, Poona Division. Under the Act every municipality has to be presided over by a president selected from among the councillors and either appointed by Government or elected by the municipality, if the State Government so directs. A Vice-President is elected by the councillors from among themselves, but in the case of a municipality whose President is appointed by Government the result of the election of Vice-President is subject to the approval of Government. At present all municipalities in the Satara district are allowed to elect their Presidents.

The Government of a municipal district vests in the municipality. The President's duties as the head of the municipality are:—

(a) preside at meetings of the municipality;

(b) watch over the financial and executive administration and to perform such other 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 the case of all municipalities. Option is also left to municipalities to appoint other executive or consultative committees.

The act divides municipal functions into obligatory and optional. The former include all matters essential to the health, safety, convenience and well-being of the population, while the latter are matters, which though they are 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;

(c) cleansing public streets, places and sewers, removing noxious vegetation, and abating all public nuisances;

(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, slaughter-houses, latrines, privies, urinals, drains, sewers, drainage works, sewerage 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 unwholesomeness of the existing supply when such supply or additional supply can be obtained at a reasonable cost;

(k) registering births, marriages and deaths;

(l) public vaccination;

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

(n) establishing and maintaining primary schools;

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

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

(q) providing special medical aid and accommodation for the sick in time of dangerous disease; and taking such measures as may be required to prevent the out-break of the disease and to suppress it and prevent its recurrence;

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

(s) paying for the maintenance and treatment of lunatics and lepers and persons affected by rabies, in case they are indigent and have been resident in the municipality for one year.

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, dharamshalas, rest-houses, homes for the disabled and destitute persons and other public buildings;

(c) furthering educational objects;

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

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

(f) the construction, purchase, organisation, maintenance, extension and arrangement of mechanically propelled transport facilities for the public;

(g) promoting the well-being of municipal employees and their dependents;

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

(i) construction of sanitary dwellings for the poorer classes; and

(j) taking 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 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 which the State legislature has power to impose.

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

The rules regulating the levy of taxes in the case of district municipalities have to be sanctioned by the Commissioner, Poona Division 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 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, Poona Division 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 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 non-recurring. For instance, grants are made by Government to municipalities towards maintenance of municipal dispensaries and hospitals, water-supply and drainage schemes, expenditure on 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), control of primary education has virtually been transferred from district municipalities (i.e. those working under the Bombay District Municipal Act, 1901) and the District Local Board to the Satara District School Board, and the financial liabilities of district municipalities have been limited.

The District School Board has control of primary education in their areas, but the municipalities concerned pay over to the District School Board five per cent, of the rateable value of the properties in their areas as a contribution towards meeting the expenses on primary education. Compulsory education has been introduced in all municipal areas.

Control over the municipalities is exercised by the Collector, the Commissioner, Poona Division 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 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 can be delegated by the Collector to the Assistant or Deputy Collectors.

The Commissioner has powers to order a municipality to suspend or prohibit, pending the 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 the 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 district 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 of the Division 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 vice-president of a municipality or municipal borough 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 Fund Accounts is provided for by the Bombay Local Fund Audit Act (XXV of 1930). The Commissioner of the Division on receipt of the Report of the Examiner of Local Fund Accounts, 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.

Borough Municipalities.

The Bombay Municipal Boroughs Act is applied in the Satara district to the Satara City Borough and Karad Borough municipalities. This Act, enacted in 1925, confers greater powers on a municipal borough than those conferred on municipalities governed by the Bombay District Municipal Act, 1901.

In the case of a borough municipality a standing committee is appointed instead of the managing committee as in the case of district municipalities. The powers of the standing committee are wider than those of the managing committee. The appointment of a chief officer is made compulsory and he has been given powers under the Act in respect of control of the subordinate staff. A chief officer has to be a graduate of a recognised university or a qualified engineer, and it is laid down by section 33 that no chief officer shall be removed from office, reduced or suspended unless by the votes of at least two-thirds of the total number of councillors.

As regards taxation, a borough municipality is empowered to levy (a) a drainage tax and (b) a special education tax, in addition to the taxes leviable by municipalities governed by the District Municipal Act.

In the case of district municipalities the Commissioner of the Division has power to sanction the rules relating to the levy of taxes; to remove, on the recommendation of the municipality, any councillor guilty of misconduct in the discharge of his duties and to extend the term of a municipality from four to five years. In the case of borough municipalities similar powers are exercised by the State Government.

The municipal borough of Satara is an authorised municipality under the Bombay Primary Education Act (LXI of 1947), i.e., it is authorised to control all approved schools within its areas and manage primary education.

An account of the individual municipalities in the district will be found in chapter XIX.

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