LOCAL SELF-GOVERNMENT

MUNICIPALITIES

After the reorganization of the states in 1956 and consequent transfer of the Vidarbha region of Madhya Pradesh State and the Marathwada region of former Hyderabad State, to the newly formed State of Maharashtra, the municipalities in the State came to be administered under different laws for instance, Bombay area of the State under the Bombay District Municipal Act, 1901, and the Bombay Municipal Boroughs Act, 1925; Vidarbha area of the State under Central Provinces and Berar Municipalities Act, 1932; and Marathwada region of the State under Hyderabad District Municipalities Act, 1956. Formerly the municipalities in the district of Wardha were administered under the Central Provinces and Berar Municipalities (Bombay Amendment) Act, 1957, and the supervision over these bodies was conducted by the Divisional Commissioner, Nagpur Division. The Divisional Commissioners used to exercise control and authority over the municipalities in their respective jurisdictions.

In order to provide for a unified pattern for the constitution, administration and powers of municipalities and to make better provision therefor, the Government appointed a committee to advise it on aforesaid matters. After considering the report of the committee, the Government decided to unify, consolidate and amend the laws relating to municipalities in the State and enacted in the sixteenth year of the Republic of India an Act, known as " The Maharashtra Municipalities Act, 1965. ".

The characteristics of the new Maharashtra Municipalities Act, 1965 which has come into force from 15th June, 1966 are as shown below:—

According to the Act the municipal councils are classified on the basis of population into A, B and C classes whose population is above 50,000; between 20,000 and 50,000 and less than 20,000 respectively. The number of seats in each municipal council is fixed on the population basis, such as class ' A ' upto 50 seats, class ' B ' 20 and class ' C ' 15. The reservation of seats for Scheduled Castes and Scheduled Tribes is in proportion to their total population. The administrative powers are given to the various standing and subjects committees during their term. The powers of appointment of staff are delegated to the president.

Under the Act, the Director of Municipal Administration exercises control and authority over all institutions of local self-Government in the State. The Act also empowers the Collectors to exercise control and authority over all local self-governing institutions in their respective jurisdictions. The powers of the Director of Municipal Administration and the Collector have been defined in Chapter XXIII of the Maharashtra Municipalities Act, 1954.

There are at present six municipalities in the district one each at the 3 tahsil places and 3 more at Sindi, Deoli and Pulgaon. All these municipalities were working prior to 1951, the Wardha Municipality being the biggest of all of them. The year of establishment, the term of the elected body, the total number of elected councillors including co-opted councillors also and the number of seats reserved for scheduled castes, scheduled tribes and for women are shown in table No. 1 for each municipality separately.

TABLE No. 1

MUNICIPALITIES IN WARDHA DISTRICT.

TABLE No. 1 -contd.

MUNICIPALITIES

Out of the 6 municipalities in the district four have been established well over a hundred years ago. These municipalities together cover a population of 1,50,015 souls according to the census of 1961. The total area under the administration of these municipalities in the district in 1961 was 6,304.1 Sq. km (2,434.Sq. miles).

The State Government have powers to declare by notification any local area of which the population is not less than 10,000 to be a municipal area; to alter the limits of a municipal area so as to include therein or to exclude there from such local area as may be specified in the notification; to amalgamate two or more municipal areas so as to form one municipal area; to split up any municipal area into two or more municipal areas; and to declare that the whole of any local area comprising a municipal area shall cease to be a municipal area.

However, no such notification is issued by the State Government without consulting the municipal council or councils and other local authorities.

The term of office of a municipality is for five years which may be extended by the State Government in exceptional circumstances to a term not exceeding in the aggregate six years. Under the Act, every municipality has to be presided over by a President elected from amongst the councillors. Each municipality is to have a Vice-President elected from amongst the councillors.

The governance of a municipal district vests in the municipality. The President as the head of the municipality has to—

(a) preside, unless prevented by reasonable cause, at all the meetings of the council and regulate the conduct of business at such meetings;

(b) watch over the financial and executive administration of the council;

(c) perform such executive functions or exercise such powers as are conferred upon him by or under the Act or any other law for the time being in force;

(d) exercise supervision and control over the acts and proceedings of all officers and servants of the council in matters of executive administration and in matters concerning the accounts and records of the council; and

(e) furnish to the State Government or the Director of Municipal Administration or the Collector or any other officer authorised by the State Government from time to time, such reports, returns or records as may be prescribed by rules or as may be called for at any time by the State Government, the Director, the Collector or such officer.

The President may, in cases of emergency, direct the execution or stoppage of any work or the doing of any act which requires the sanction of the council and immediate execution or doing of which is, in his opinion necessary for the service or safety of the public, and may direct that the expenses of executing such work or doing of such act be paid from the municipal fund: provided that—

(a) he does not act in contravention of any order of the council prohibiting the execution of any particular work or the doing of any particular act; and

(b) he reports forthwith the action taken and the reasons therefor to the standing committee and the council at their respective meetings.

The Vice-President has to—

(a) preside in the absence of the President at the meetings of the council;

(b) exercise such of the powers and perform such of the duties as the President may from time to time depute to him; and

(c) exercise the powers and perform the duties of the President during the absence of the President;

Section 62 of the Maharashtra Municipalities Act, 1965, stipulates constitution of a standing committee and five subjects committees for every ' A' and ' B' class councils, viz., (i) Public Works Committee, (ii) Education Committee, (iii) Sanitation, Medical and Public Health Committee, (iv) Water supply and Drainage Committee and (v) Planning and Development Committee.

The new Act also stipulates the constitution of a standing committee for every ' C' class council which may also appoint such subjects committees as it may deem necessary.

The Act stipulates the obligatory duties and the discretional functions of the council. They are detailed below.

The municipal councils are to undertake and make provision for water supply, construction and repairs of roads, lighting and cleaning of public streets, disposal of night soil, extinguishing of fires, regulation pf dangerous trades etc., management of cattle pounds, disposal of dead bodies, removal of obstructions in public streets, prevention of diseases, giving relief at the time of scarcity, establishing and maintaining dispensaries and primary schools and registering births and deaths, etc.

Besides the aforementioned obligatory functions, there are certain discretionary functions which are performed by all the municipalities. These include provision of primary and secondary education, libraries, museums, lunatic asylum, gymnasiums, dharmashalas, open air theatres, rest houses, public parks, gardens, censors, destruction of stray dogs, grazing lands, dairies, accommodation for its servants, transport facilities, donations to private institutions, etc.

Subject to any general or special order which the State Government may make in this behalf, a council is empowered to impose taxes listed below:—

(a) A consolidated property tax on lands or buildings or both, situated within municipal area, based on their rateable value;

(b) An octroi;

(c) A tax on professions, trades, callings and employments;

(d) A tax on cinemas, theatres, circus and other performances and shows;

(e) A tax on advertisements other than advertisements published in newspapers.

Provided that the maximum and minimum rates at which the taxes are levied in different categories of business in municipal areas and other matters relating to imposition, assessment, collection and exemptions thereof are such as may be prescribed by rules.

The consolidated tax on property shall include (a) a general tax, (b) a general water tax, (c) a lighting tax, and (d) a general sanitary tax.

Subject to any general or special order which the State Government may make in this behalf, a council may impose any of the following taxes, viz.,—

(i) a tax on all vehicles (excluding motor vehicles as defined in the Motor Vehicles Act, 1939), boats or animals used for riding, draught or burden and kept for use within the municipal area, whether they are actually kept within or outside such area;

(ii) a toll on vehicles and animals used as aforesaid, entering the municipal area but not liable to taxation under clause (i);

(iii) a tax on dogs kept within the municipal area;

(iv) a special sanitary tax on private latrines, premises or compounds cleansed by municipal agency;

(v) a drainage tax;

(vi) a special water tax for water supplied by the council in individual cases, charges for such supply being fixed in such a mode or modes as shall be best suited to the varying circumstances of any class of cases or of any individual case;

(vii) a tax on pilgrims resorting periodically to a shrine within the limits of the council;

(viii) a special educational tax; and

(ix) any other tax, which under the Constitution of India, the State Legislature has power to impose in the State.

The rules regulating the levy of taxes referred to in the preceding paragraph have to be sanctioned by the State Government. 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 nonrecurring. For instance, grants are made available 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. Since the municipal councils have the responsibility of water supply and their financial position is not sound, Government gives 50 per cent grant and 50 per cent loan to ' C ' class municipal councils and stands guarantee to loans raised from Life Insurance Corporation. In case of A and B class municipal councils, the municipal council has to give 10 per cent share of the water supply scheme in cash and the rest of 40 per cent is made good by Government grants. Government expects the municipal councils to provide at least 70 litres of drinking water per head per day.

In addition to the duties under the Maharashtra Municipalities Act, the municipal councils have to execute the provisions of Prevention of Food Adulteration Act.

The council has to recover the education cess alongwith the consolidated property tax and pay the amount recovered to Government. It receives rebate on such collection.

The Cattle Trespass Act, 1871, now ceases to apply to municipal areas and the municipal councils have to execute all the functions in respect of cattle pounds, tethering of cattle, control over dogs and pigs etc.

With a view to discharge all the duties, the municipal Councils have to keep large establishment of scavengers, sweepers, office staff of public works department etc. The funds mainly come from consolidated property tax and octroi. For the recovery of these taxes, the municipal council has to maintain a large collection staff and octroi staff. The expenditure on establishment is expected to be kept below 33 per cent of the total expenditure.

After the implementation of the Maharashtra Municipalities Act the existing municipal councils continued to function as successor councils until the newly elected bodies came to power. Besides, the municipal areas were reconstituted into new wards in September 1966. Elections were held in June 1967, and the Presidents were elected on 2nd July, 1967. The term of new councils commenced from that date.

The control over the municipalities in the district is exercised by the Collector, Wardha district, the Director of Municipal Administration and the State Government. The Collector has powers of inspection in regard to any immovable property occupied by a municipality or any institution under its control or management or any work in progress under it or under its direction. He may also call for or inspect any extract from any councils' or its committees' proceedings and any book or document in the possession of or under the control of the council or any of its committees. The Director of Municipal Administration or the Collector may require a council to take into consideration any objection which appears to them to exist to the doing of anything which is about to be done or is being done by or on behalf of such council.

The Collector has powers to order a municipality to suspend or prohibit 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 lead to a breach of peace or is unlawful. In case of emergency the Collector may provide for the execution of any work or the doing of any act, which may be executed or done by or on behalf of a council and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public; and may direct that the reasonable expenses of executing the work or doing the act, with a reasonable remuneration to the person appointed to execute or to do it, shall forthwith be paid by the council.

Subject to appeal to the State Government, the Director of Municipal Administration is 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. When the Director of Municipal Administration is informed on a complaint made or otherwise the default has been made in the performance of any duty imposed on a council by or under the Act or by or under any enactment for the time being in force, the Director, if satisfied after due inquiry, that the alleged default has been made may by order fix a period for the performance of that duty and communicate such order to the council. If the duty is not performed within the period so fixed, the Director may appoint any person to perform it, and may direct that the expense of performing it, with a reasonable remuneration to the person appointed to perform it, be forthwith paid by the council.

If in the opinion of the State Government a council—

(a) is not competent to perform duties imposed upon it by or under the Act or any other law for the time being in force, or

(b) persistently makes default in the performance of such duties or in complying with the lawful directions and orders issued by the Collector, the Director, the State Government or any other authority empowered under the law to issue such directions or orders to a council, or

(c) exceeds or abuses its powers, or

(d) a situation has arisen in which the administration of the council cannot be carried out in accordance with the provisions of the Act, or

(e) the financial position and the credit of the council is threatened, the State Government may, by an order published in the Official Gazette, appoint a Government officer as the Administrator of the council for a period not exceeding three years.

The audit of all local fund accounts is provided for under the Bombay Local Fund Audit Act, 1930. The Director of Municipal Administration, on receipt of the report of the Chief Auditor 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. In addition to the audit provided for under the provisions of the Bombay Local Fund Audit Act, 1930, ' A ' class or ' B ' class council has to make arrangements for audit of its accounts by a municipal auditor at such intervals and in such manner as may be prescribed; and a ' C' class council may, or if so required by the State Government, make arrangements for the audit of its accounts at such intervals and in such manner and by such agency as may be prescribed.

So far as Wardha district is concerned, none of the municipal councils in the district is in ' A' class. Four municipal councils viz., Wardha, Arvi, Hinganghat and Pulgaon are in ' B ' class and two municipal councils, viz., Deoli and Sindi are in ' C' class. There is no change in the areas of the municipal councils, and population is yet to be reckoned on the basis of 1961 Census. These municipal councils are all in cotton and rice growing areas and there are no industries in the jurisdiction of these councils. The population is mainly of agriculturists. The municipal councils are well in advance in implementing the various schemes of the Government.

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