वापस जायें / Back

Urban administration in Chhattisgarh

Development of Urban Administration in India

Urban administration in British period – Representative urban administration has been in India from ancient times. It was given legal status in 1687 when the British Government established a Municipal corporation in Madras. Municipal Corporations were established in Madras, Calcutta and Bombay under e charter Act of 1793. Bengal urban administration Act was passed in 1842. Viceroy Lord Ripon made efforts for improvement of urban administration in 1882 but he was not successful due to political reasons. Shahi decentralization Commission was appointed for giving recommendations on decentralization of urban administration in 1909. Provisions for urban administration were made in the Government of India Act 1919 based on the report of this commission.

Urban administration post-independence – No specific provision was made about urban administration in the original Constitution but it was made clear by including it in the State list of 7th Schedule that only States can make laws with respect to urban administration. Law were made by different states and municipalities, municipal corporations cantonment boards etc. were established.

74th Constitution amendment and Constitutional Provisions for Urban Administration

This amendment was passed in the Lok Sabha on 22nd December 1992 and by Rajya Sabha on 23rd December1992. President of India gave his assent on this bill on 20th April1993 and it came into force on 1st June 1993. Par 9-A (Articles 243 P to 243 ZG) and 12th Schedule were inserted in the Constitution by this amendment –

1. Article 243P – Definitions
2. Article 243Q - Constitution of Municipalities
3. Article 243R - Composition of Municipalities
4. Article 243S - Constitution and composition of Wards Committees, etc.
5. Article 243T - Reservation of seats
6. Article 243U - Duration of Municipalities, etc.
7. Article 243V - Disqualifications for membership
8. Article 243W - Powers, authority and responsibilities of Municipalities etc.
9. Article 243X - Power to impose taxes by, and Funds of, the Municipalities
10. Article 243Y Finance Commission
11. Article 243Z - Audit of accounts of Municipalities
12. Article 243ZA - Elections to the Municipalities
13. Article 243ZB - Application to Union territories
14. Article 243ZC - Part not to apply to certain areas
15. Article 243ZD - Committee for district planning
16. Article 243ZE - Committee for Metropolitan planning
17. Article 243ZF - Continuance of existing laws and Municipalities
18. Article 243ZG - Bar to interference by Courts in electoral matters

Twelfth Schedule

State legislature can transfer these subjects by law to urban local bodies –

1. Regulation of land use and construction of land buildings.
2. Urban planning including the town planning.
3. Planning for economic and social development
4. Urban poverty alleviation
5. Water supply for domestic, industrial and commercial purposes
6. Fire services
7. Public health sanitation, conservancy and solid waste management
8. Slum improvement and up-gradation
9. Safeguarding the interests of the weaker sections of society, including the physically handicapped and mentally unsound
10. Urban forestry, protection of environment and promotion of ecological aspects
11. Construction of roads and bridges
12. Provision of urban amenities and facilities such as parks, gardens and playgrounds
13. Promotion of cultural, educational and aesthetic aspects
14. Burials and burials grounds, cremation and cremation grounds and electric crematoriums
15. Cattle ponds, prevention of cruelty to animals
16. Regulation of slaughter houses and tanneries
17. Public amenities including street lighting, parking spaces, bus stops and public conveniences
18. Vital statistics including registration of births and deaths

Important Statistics of Urban Administration in Chhattisgarh

1. Municipal Corporation – 13, wards 688
2. Municipal Committees – 44 – wards 864
3. Nagar Panchayats – 111 – wards 3217
4. Total urban Local Bodies – 168 – Total Wards – 4769

Municipal Corporation

1. The Mayor and Councilors are directly elected.
2. In addition 6 members having special experience are nominated by the State Government. They are called Aldermen.
3. Members of Parliament and Members of Legislative assembly or their representatives, whose constituency are either fully or partially in the Municipal Corporation, are also members.
4. Members of Rajya Sbha who are registered as voter in the Municipal Corporation area are also members.
5. The tenure of Alderman is not fixed. They work during the pleasure of the State Government.
6. The right to vote in the meetings is only for Major and elected members.
7. The number of wards in a Municipal Corporation is from 40 to 70 but can to up to 85 in corporations with a population more than 10 lakh.

Reservation of Seats

1. The number of wards reserved for SC and ST is in proportion to the population of SC/ST in the corporation area. Those ward shall be reserved which have the highest population of SC/ST.
2. Those Municipal Corporations in which the number of wards reserved for SC/ST is less than 50% will have reservation for OBC in proportion to the population of OBC in the Municipal Corporation area to the extent that total reservation of wards does not exceed 50% and the reservation shall be in the descending order of the population of OBC.
3. If no nomination is filed in a ward reserved for OBC the Collector shall declare it to be unreserved.
4. There shall be horizontal reservation for women in one third of the total seats.
5. Reservation for the post of Mayor – The reservation for the posts of Mayor for SC/ST shall be in proportion to the SC/ST population within the boundaries o all the Municipal Corporations of the State. As far as may be 25% posts of Mayor shall be reserved for OBC in the State. These shall be horizontal reservation for women in one third of the posts of Mayor.
6. The reservation in Municipal Committees and Nagar Panchayats shall also be similar to reservation of seats in Municipal Corporations.

Qualifications to be a voter

Age 18 years and should be a resident of any ward of the Municipal Corporation.

Disqualification for election as Mayor/ Councilor

1. Age for Mayor is 25 years and for Councilor is 21 years.
2. On being convicted for hoarding, profiteering, Food and Drug adulteration or dowry prohibition Act.
3. Unsound mind
4. Bankruptcy
5. In service of Government or local bodies or advocate for them
6. Has an interest in any work of the Municipal Corporation
7. Is in arrears of the Corporation for more than one year.
8. Is in arrears of Electricity Board for more than 6 months.
9. Name not in the voters’ list
10. It is necessary to take oath before the Collector in the prescribed format. If oath is not taken without the permission of the Commissioner for 3 moths after election, the post of the Mayor or Councilor shall become vacant.

Speaker

1. Speaker shall be elected by secret ballot in a meeting held in the presence of the collector, within 15 days of the notification for election of the Mayor and Councilors.
2. The speaker presides over the meetings of the Corporation. He appoints 2 members to preside over the meetings in his absence.
3. The tenure of the speaker shall be equal to the duration of the corporation.
4. There is no provision of reservation for the post of speaker.
5. No confidence Motion against the speaker – On a written request with signatures of 1/3rd Councilors the Collector shall call a meeting to consider the no confidence motion against the speaker within 10 days, by giving prior notice. The motion is carried by 2/3rd Councilors present and voting and more than half of the total Councilors of the corporation and the post of the speaker becomes vacant. Motion of no confidence cannot be brought within 2 years of the speaker taking charge.

Removal of Mayor, Speaker and Councilor

If in the opinion of the State Government continuation of a person as Mayor, speaker is not in public interest or not in the interest of the Corporation or he is incompetent or not of the category for which his post is reserved then the State Government may after giving an opportunity of being heard, remove him.

Councilors can be removed for similar reasons and by following a similar process by the divisional Commissioner.

Resignation by Mayor

The State Government may accept the resignation in writing by a Mayor, but the resignation of a Mayor guilty of misconduct shall not be accepted.

Resignation of Speaker and Councilors

Speaker or Councilors may submit their resignation to the Divisional Commissioner either directly or through the Mayor.

Recall of Mayor

If three fourth of the elected Councilors submit a signed request for this purpose, a secret ballot shall be held for recall of Mayor and if more than half of the total voters vote in favor of the motion to recall the Mayor the post of Mayor shall become vacant. This process cannot be started within 2 years of the Mayor taking office.

Duration of Municipal Corporation

Duration of Municipal Corporation is 5 years from the date of its first meeting. It shall be necessary to hold elections only if a post falls vacant more than 6 months before the duration of the corporation comes to an end.

Duties of Councilors

1. To be present in the meetings of the Corporation and to keep their point of view in the meeting and to vote in the meeting.
2. To bring to the notice of the Commissioner or the concerned officer of the Corporation any deficiency in any scheme of the Corporation of any loss to the corporation.

Meetings of the Corporation

1. A meeting should be held at least once in two months.
2. The Commissioner will get the agenda approved by the Maor and send it to the Speaker.
3. The speaker will get a notice served on all the Councilors along with a copy of the agenda.
4. Special Meeting – Is called on the written request by 1/3rd of the Councilors.
5. Quorum – The quorum is 1/3rd of the total Councilors. In the absence of quorum the meeting is postponed by the speaker to another date and time. No quorum is required for the postponed meeting.
6. The speaker is responsible for keeping order in the meeting.

Mayor in Council

1. Within 7 days of the election of Mayor and Councilors the Mayor shall constitute a Mayor in council from elected councilors with 20% of the elected councilors. The Mayor in council will have at least 5 and a maximum of 10 members.
2. At least one member of Mayor in council shall be from SC/ST, 1 from OBC and there shall be at least one woman.
3. The members of Mayor in council work during the pleasure of the Mayor.
4. These members can be given charge of different departments of the Corporation.
5. The quorum of the meeting of Mayor in Council is half of the total members. Decisions are by majority vote.
6. It is called President in Council for Municipal Committee and Nagar panchayat.

Consultative Committees

1. The speaker will constitute a consultative committee for each department of the members of Mayor in Council.
2. Every consultative committee shall have 7 to 10 members.
3. Member of a departmen in Mayor in Council shall hold a meeting of the consultative committee of his department every month.

Ward Committees

There shall be a minimum of 3 committees for Municipal Corporations of up to 3 lakh population. For Corporations with population more than 3 lakh there shall be a committee for each lakh population. The elected councilors and 2 persons residing in the area and nominated by the Mayor are members of these committees. They perform such functions as are decided by the State Government.

Muhalla Committees

There is a Muhalla Committee for each ward of the Municpal Corporation. It has 10 members for Municipal Corporation, 7 for Municipal Committee and 5 for Nagar Panchayats. Half of the members are from SC/ST/OBC/Women. Their tenure is for the duration of the Corporation. Their function is to make development plans, keep municipal property safe and encourage community participation.

Commissioner

The Chief Executive officers of the Municipal Corporation appointed by the Government is called Commissioner. All the employees of the Corporation are subordinate to him. The maximum tenure of the Commissioner is 5 years. If 3/4th Councilors present and voting in a meeting pass a motion for removal of the Commissioner, the Commissioner shall be removed by the Government. The Chief Executive Officer of the Municipal Committee and Nagar Panchayat is called Chief Municipal Officer.

Taxes Imposed by the Corporation

Property Tax, Water Tax, General Sanitation Tax, General Fire Tax, Local Tax on sale, Bazar Fees, Fees on sale of animals, Export Tax, Colon Registration Fess etc.

Municipal Committee and Nagar Panchayat

1. In a Municipal Committee the minimum number of elected councilors is 15 and maximum 40, and the number of Aldermen is 4. In Nagar Panchayat the number of Aldermen is 2. The provisions about MLA and MP are the same as Municipal Corporation. Only elected members have a vote.
2. Reservation is like Corporation.
3. President and Councilors are elected by direct election and Vice-President is elected by the Councilors in the first meeting.
4. The authority to remove the councilors is with the collector.
5. The process of recall of the president is like Mayor.
6. Vice-President presides over the meetings in the absence of the President.
7. The oath is taken before the SDO.
8. The resolution of the Corporation can be cancelled by the State Government and for Municipal Committee and Nagar Panchayat is with the Collector.