Because the British thought Indian villages were capable of running their own economies, polities, and societies, local self-government was only permitted in urban areas.
The local self-government entities in urban local bodies have a legal base thanks to Part IXA of the Indian Constitution. The state government of each state designates the boundaries of these Urban Local Bodies.
Its provisions share certain similarities with those in Part IX.
The 74th Amendment Act added:
- Part IXA to the Constitution of India
- Article 243P to 243ZG
- 12th Schedule: It has around 18 items.
This act gave Constitutional Status to the Urban Local Bodies.
Some of the Functions of Urban Local Bodies
- Planning of Urban and Social Development
- Slums Rehabilitation
- Urban Forestry
- Solid Waste Management
- Cattle Management
- Birth and Death Certificates
3-Tier System By 74th Amendment Act
This Act is related to urban development, according to this act a three-tier system was also developed for the Urban Local Bodies such as:
Nagar Palikas – The urban center with a population between 10,000-20,000. That is, for the Tier 3 cities.
Municipal Council – Urban centers having a population between 20,000-3,00,000. That is, for the Tier 2 cities.
Municipal Corporation – Cities having a population above 3,00,000. That is for the Metropolitan Cities.
Elections For Urban Local Bodies
The following are some provisions for Municipal Council elections:
- In order to hold elections, the territory is split into wards, and the Council is established.
- The Mayor is the title given to the head of the council.
- The Council makes all decisions, while the Municipal Commissioner—an IAS officer—implements those choices.
Some provisions for the elections of the Urban Local Bodies are:
- The Legislature may provide the manner of the election of the Chairperson of the Municipality. It may also provide for the nomination of people to the Municipality, who have:
- Specialized knowledge and experience in Municipal Administration without the right to vote.
- MPs and MLAs
- MPs of the Rajya Sabha
- Members of Legislative Councils
- Every Municipality shall continue for 5 years. It can be dissolved earlier – as per law.
- A Municipality that is constituted after the dissolution of the previous Municipality will continue only for the remainder of the term.
- Any person who is qualified to be chosen to the State Legislature is qualified for membership in the Municipalities. However, the age is 21 years.
- There is a reservation for SCs/STs as per the proportion of their population.
- Not less than one-third of seats are reserved for women.
- State Election Commission shall be vested with direction and superintendence of elections to Urban Local Bodies.
State Finance Commission
State Finance Commission shall be constituted every 5 years to make recommendations as to:
- The distribution between the State and the ULBs of the net proceeds of taxes, duties, tolls, and fees leviable by the State may be divided between them.
- What taxes, duties, tolls, and fees may be assigned to the ULBs, grant-in-aid to the ULBs
- The report of the Commission shall be laid before the State Legislature.
Administration of Big cities (Population is greater than 10 lakhs); Established by Act of State Legislature; UT’s – Act of Parliament;
Municipal Council – Elected members; Deliberative and Legislative wing; Headed by the mayor (one year; Elected)
Standing committee – To facilitate the functioning of the council; Deal with Public works
Municipal commissioner – Authority which implements the decision taken by the council; Chief Executive Authority; Appointed by the State government.
Administration of tows and smaller cities; set up by Acts of the state legislature; UT’s – acts of parliament;
Municipal Council:- Deliberative and legislative function; Councilors directly elected by people; President (or) chairman heads the council; Enjoys Executive Powers (little different from Mayor of Municipal corporation); Enjoys Executive powers
Standing committee – Facilitates the functioning of the council; Deals with Public works
Chief Executive officer- Responsible for day-to-day administration; appointed by the state government.
NOTIFIED AREA COMMITTEE
Established by notification in the official government gazette; either a fast developing town (or) a town yet to fulfill the conditions necessary for the constitution of the municipality; but important for State government.
Functions- Under the framework of the State Municipal Act; other functions may also be entrusted.
Note: Different from Municipality as in Notified Area Committee all members are nominated.
TOWN AREA COMMITTEE
Established by an Act of the state legislature; for small towns; limited civic functions are carried out (drainage, roads, street lighting, etc.);
Completely elected or nominated (or) partly elected and nominated.
Established by an Act of Parliament (Cantonment Board Act, 2006); for civilian administration of Cantonment Area; Administrative control of Ministry of Defense.
Partly Elected and Nominated members; Military commanding officer is the ex-officio President; the Vice president is the elected member.
The executive officer is appointed by the President who executes the decision. Eg: IDES (Indian Defense Estate Services)
Industrial establishment providing civic amenities; Notified by the Governor; Administrator appointed by the Enterprise.
Major ports are created by an Act of Parliament; Both elected and nominated members.
SPECIAL PURPOSE AGENCY
These are function-based and not area-based agencies; Established by act of state legislature (or) executive resolution as well.