jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
the scheduled areas and tribal areas subject to such exceptions and	modifications as it may specify.	District Planning Committee
Every state shall constitute at the district level, a district planning	committee to consolidate the plans prepared by panchayats and	municipalities in the district, and to prepare a draft development plan
for the district as a whole. The state legislature may make provisions	with respect to the following:	1. The composition of such committees;
2. The manner of election of members of such committees;	3. The functions of such committees in relation to district planning;	and
4. The manner of the election of the chairpersons of such	committees.	The act lays down that four-fifths of the members of a district
district panchayat and municipalities in the district from amongst	themselves. The representation of these members in the committee	should be in proportion to the ratio between the rural and urban
populations in the district.	The chairperson of such committee shall forward the development	plan to the state government.
In preparing the draft development plan, a district planning	committee shall	(a) Have regard to–
(i) matters of common interest between the Panchayats and	Municipalities including spatial planning, sharing of water	other physical and natural resources, the integrated developm
of infrastructure and environmental conservation;	(ii) the extent and type of available resources whether financia	otherwise; and
(b) Consult such institutions and organisations as the Governor may	specify.	Metropolitan Planning Committee
Every metropolitan area shall have a metropolitan planning committee	to prepare a draft development plan5. The state legislature may make	provisions with respect to the following:
1. The composition of such committees;	2. The manner of election of members of such committees;	3. The representation in such committes of the Central
government, state government and other organisations;	4. The functions of such committees in relation to planning and	coordination for the metropolitan area; and
5. The manner of election of chairpersons of such committees.	The act lays down that two-thirds of the members of a metropolitan	planning committee should be elected by the elected members of the
municipalities and chairpersons of the panchayats in the metropolitan	area from amongst themselves. The representation of these members	in the committee should be in proportion to the ratio between the
population of the municipalities and the panchayats in that	metropolitan area.	The chairpersons of such committees shall forward the
development plan to the state government.	In preparing the draft development plan, a metropolitan planning	committee shall
(i) the plans prepared by the Municipalities and the Panchayats	the Metropolitan area;	(ii) matters of common interest between the Municipalities and t
Pan-chayats, including co-ordinated spatial planning of the are	sharing of water and other physical and natural resources, t	integrated development of infrastructure and environmen
conservation;	(iii) the overall objectives and priorities set by the Government	India and the government of the state;
(iv) the extent and nature of investments likely to be made in t	Metropolitan area by agencies of the Government of India and	the Government of the State and other available resourc
whether financial or otherwise; and	(b) consult such institutions and organisations as the Governor may	specify.
Continuance of Existing Laws and Municipalities	All the state laws relating to municipalities shall continue to be in force	until the expiry of one year from the commencement of this act. In
other words, the states have to adopt the new system of municipalities	based on this act within the maximum period of one year from 1 June,	1993, which is the date of commencement of this act. However, all
municipalities existing immediately before the commencement of this	act shall continue till the expiry of their term, unless dissolved by the	state legislature sooner.
Bar to Interference by Courts in Electoral Matters	The act bars the interference by courts in the electoral matters of	municipalities. It declares that the validity of any law relating to the
delimitation of constituencies or the allotment of seats to such	constituencies cannot be questioned in any court. It further lays down	that no election to any municipality is to be questioned except by an
election petition presented to such authority and in such manner as	provided by the state legislature.	Twelfth Schedule
It contains the following 18 functional items placed within the purview	of municipalities:	1. Urban planning including town planning;
4. Roads and bridges;	5. Water supply for domestic, industrial and commercial purposes;	6. Public health, sanitation, conservancy and solid waste
management;	7. Fire services;	8. Urban forestry, protection of the environment and promotion of
ecological aspects;	9. Safeguarding the interests of weaker sections of society,	including the handicapped and mentally retarded;
10. Slum improvement and upgradation;	11. Urban poverty alleviation;	12. Provision of urban amenities and facilities such as parks,
gardens, playgrounds;	13. Promotion of cultural, educational and aesthetic aspects;	14. Burials and burial grounds, cremations and cremation grounds
and electric crematoriums;	15. Cattle ponds, prevention of cruelty to animals;	16. Vital statistics including registration of births and deaths;
17. Public amenities including street lighting, parking lots, bus stops	and public conveniences; and	18. Regulation of slaughter houses and tanneries.
TYPES OF URBAN GOVERNMENTS	The following eight types of urban local bodies are created in India for	the administration of urban areas:
• Municipal Corporation	• Municipality	• Notified Area Committee
• Town Area Committee	• Cantonment Board	• Township
• Port Trust	• Special Purpose Agency	1. Municipal Corporation
Municipal corporations are created for the administration of big cities	like Delhi, Mumbai, Kolkata, Hyderabad, Bangalore and others. They	are established in the states by the acts of the concerned state
legislatures, and in the union territories by the acts of the Parliament	of India. There may be one common act for all the municipal	corporations in a state or a separate act for each municipal
corporation.	A municipal corporation has three authorities, namely, the council,	the standing committees and the commissioner.
The Council is the deliberative and legislative wing of the	corporation. It consists of the Councillors directly elected by the	people, as well as a few nominated persons having knowledge or
experience of municipal administration. In brief, the composition of the	Council including the reservation of seats for SCs, STs and women is	governed by the 74th Constitutional Amendment Act.
The Council is headed by a Mayor. He is assisted by a Deputy	Mayor. He is elected in a majority of the states for a one-year	renewable term. He is basically an ornamental figure and a formal
head of the corporation. His main function is to preside over the	meetings of the Council.	The standing committees are created to facilitate the working of the
council, which is too large in size. They deal with public works,	education, health, taxation, finance and so on. They take decisions in	their fields.
The municipal commissioner is responsible for the implementation	of the decisions taken by the council and its standing committees.	Thus, he is the chief executive authority of the corporation. He is
appointed by the state government and is generally a member of the	IAS.	2. Municipality
The municipalities are established for the administration of towns and	smaller cities. Like the corporations, they are also set up in the states	by the acts of the concerned state legislatures and in the union
territory by the acts of the Parliament of India. They are also known by	various other names like municipal council, municipal committee,	municipal board, borough municipality, city municipality and others.
Like a municipal corporation, a municipality also has three	authorities, namely, the council, the standing committees and the chief	executive officer.
The council is the deliberative and legislative wing of the	municipality. It consists of the councillors directly elected by the	people.
The council is headed by a president/chair-man. He is assisted by a	vice-president/vice-chairman. He presides over the meetings of the	council. Unlike the Mayor of a municipal corporation, he plays a
significant role and is the pivot of the municipal administration. Apart	from presiding over the meetings of the Council, he enjoys executive	powers.
The standing committees are created to facilitate the working of the	council. They deal with public works, taxation, health, finance and so	on.
The chief executive officer/chief municipal officer is responsible for	day-to-day general administration of the municipality. He is appointed	by the state government.
3. Notified Area Committee	A notified area committee is created for the administration of two types	of areas–a fast developing town due to industrialisation, and a town
which does not yet fulfil all the conditions necessary for the	constitution of a municipality, but which otherwise is considered	important by the state government. Since it is established by a
committee. Though it functions within the framework of the State	Municipal Act, only those provisions of the act apply to it which are	notified in the government gazette by which it is created. It may also
be entrusted to exercise powers under any other act. Its powers are	almost equivalent to those of a municipality. But unlike the	municipality, it is an entirely nominated body, that is, all the members
of a notified area committee including the chairman are nominated by	the state government. Thus, it is neither an elected body nor a	statutory body.
4. Town Area Committee	A town area committee is set up for the administration of a small town.	It is a semimunicipal authority and is entrusted with a limited number
of civic functions like drainage, roads, street lighting, and conservancy.	It is created by a separate act of a state legislature. Its composition,	functions and other matters are governed by the act. It may be wholly
elected or wholly nominated by the state government or partly elected	and partly nominated6 .	5. Cantonment Board
A cantonment board is established for municipal administration for	civilian population in the cantonment area7. It is set up under the	provisions of the Cantonments Act of 2006–a legislation enacted by
the Central government. It works under the administrative control of	the defence ministry of the Central government. Thus, unlike the	above four types of urban local bodies, which are created and
administered by the state government, a cantonment board is created	as well as administered by the Central government.	The Cantonments Act of 2006 was enacted to consolidate and
amend the law relating to the administration of cantonments with a	view to impart greater democratisation, improvement of their financial	base to make provisions for developmental activities and for matters
connected with them. This Act has repealed the Cantonments Act of	1924.	At present (2019), there are 62 cantonment boards in the country.
They are grouped into four categories on the basis of the civil	population. This is shown below in Table 39.2.	Table 39.2 Classification of Cantonment Boards
Category Civil Population	I above 50,000	II 10,000 to 50,000
III 2,500 to 10,000	IV Below 2,500	A cantonment board consists of partly elected and partly nominated
members. The elected members hold office for a term of five years	while the nominated members (i.e., ex-officio members) continue so	long as they hold the office in that station. The military officer
commanding the station is the ex-officio president of the board and	presides over its meetings. The vice-president of the board is elected	by the elected members from amongst themselves for a term of five
years.	The Category I cantonment board consists of the following	members:
(i) A military officer commanding the station	(ii) An executive engineer in the cantonment	(iii) A health officer in the cantonment
(iv) A first class magistrate nominated by the district magistrate	(v) Three military officers nominated by the officer commanding the	station
(vi) Eight members elected by the people of the cantonment area	(vii) Chief Executive Officer of the cantonment board	The functions performed by a cantonment board are similar to
those of a municipality. These are statutorily categorised into	obligatory functions and discretionary functions. The sources of	income includes both, tax revenue and non-tax revenue.
The executive officer of the cantonment board is appointed by the	president of India. He implements all the resolutions and decisions of	the board and its committees. He belongs to the central cadre
established for the purpose.	6. Township	This type of urban government is established by the large public
enterprises to provide civic amenities to its staff and workers who live	in the housing colonies built near the plant. The enterprise appoints a	town administrator to look after the administration of the township. He
is assisted by some engineers and other technical and non-technical	staff. Thus, the township form of urban government has no elected	members. In fact, it is an extension of the bureaucratic structure of the
enterprises.	7. Port Trust	The port trusts are established in the port areas like Mumbai, Kolkata,
Chennai and so on for two purposes: (a) to manage and protect the	ports; and (b) to provide civic amenities. Aport trust is created by an	Act of Parliament. It consists of both elected and nominated members.
Its chairman is an official. Its civic functions are more or less similar to	those of a municipality.	8. Special Purpose Agency
In addition to these seven area-based urban bodies (or multipurpose	agencies), the states have set up certain agencies to undertake	designated activities or specific functions that ‘legitimately’ belong to
the domain of municipal corporations or municipalities or other local	urban governments. In other words, these are function-based and not	areabased. They are known as ‘single purpose’, ‘uni-purpose’ or
‘special purpose’ agencies or ‘functional local bodies’. Some such	bodies are:	1. Town improvement trusts.
2. Urban development authorities.	3. Water supply and sewerage boards.	4. Housing boards.
5. Pollution control boards.	6. Electricity supply boards.	7. City transport boards.
These functional local bodies are established as statutory bodies by	an act of state legislature or as departments by an executive	resolution. They function as autonomous bodies and deal with the
functions allotted to them independently of the local urban	governments, that is, municipal corporations or municipalities and so	forth. Thus, they are not subordinate agencies of the local municipal
MUNICIPAL PERSONNEL	There are three types of municipal personnel systems in India. The	personnel working in the urban governments may belong to any one
or all the three types. These are	1. Separate Personnel System: Under this system, each local body	appoints, administers, and controls its own personnel. They are not
transferable to other local bodies. It is the most widely prevalent	system. This system upholds the principle of local autonomy and	promotes undivided loyalty.
2. Unified Personnel System: In this system, the state government	appoints, administers, and controls the municipal personnel. In other	words, state-wide services (cadres) are created for all the urban

the scheduled areas and tribal areas subject to such exceptions and

modifications as it may specify.

District Planning Committee

Every state shall constitute at the district level, a district planning

committee to consolidate the plans prepared by panchayats and

municipalities in the district, and to prepare a draft development plan

for the district as a whole. The state legislature may make provisions

with respect to the following:

1. The composition of such committees;

2. The manner of election of members of such committees;

3. The functions of such committees in relation to district planning;

and

4. The manner of the election of the chairpersons of such

committees.

The act lays down that four-fifths of the members of a district

district panchayat and municipalities in the district from amongst

themselves. The representation of these members in the committee

should be in proportion to the ratio between the rural and urban

populations in the district.

The chairperson of such committee shall forward the development

plan to the state government.

In preparing the draft development plan, a district planning

committee shall

(a) Have regard to–

(i) matters of common interest between the Panchayats and

Municipalities including spatial planning, sharing of water

other physical and natural resources, the integrated developm

of infrastructure and environmental conservation;

(ii) the extent and type of available resources whether financia

otherwise; and

(b) Consult such institutions and organisations as the Governor may

specify.

Metropolitan Planning Committee

Every metropolitan area shall have a metropolitan planning committee

to prepare a draft development plan5. The state legislature may make

provisions with respect to the following:

1. The composition of such committees;

2. The manner of election of members of such committees;

3. The representation in such committes of the Central

government, state government and other organisations;

4. The functions of such committees in relation to planning and

coordination for the metropolitan area; and

5. The manner of election of chairpersons of such committees.

The act lays down that two-thirds of the members of a metropolitan

planning committee should be elected by the elected members of the

municipalities and chairpersons of the panchayats in the metropolitan

area from amongst themselves. The representation of these members

in the committee should be in proportion to the ratio between the

population of the municipalities and the panchayats in that

metropolitan area.

The chairpersons of such committees shall forward the

development plan to the state government.

In preparing the draft development plan, a metropolitan planning

committee shall

(i) the plans prepared by the Municipalities and the Panchayats

the Metropolitan area;

(ii) matters of common interest between the Municipalities and t

Pan-chayats, including co-ordinated spatial planning of the are

sharing of water and other physical and natural resources, t

integrated development of infrastructure and environmen

conservation;

(iii) the overall objectives and priorities set by the Government

India and the government of the state;

(iv) the extent and nature of investments likely to be made in t

Metropolitan area by agencies of the Government of India and

the Government of the State and other available resourc

whether financial or otherwise; and

(b) consult such institutions and organisations as the Governor may

specify.

Continuance of Existing Laws and Municipalities

All the state laws relating to municipalities shall continue to be in force

until the expiry of one year from the commencement of this act. In

other words, the states have to adopt the new system of municipalities

based on this act within the maximum period of one year from 1 June,

1993, which is the date of commencement of this act. However, all

municipalities existing immediately before the commencement of this

act shall continue till the expiry of their term, unless dissolved by the

state legislature sooner.

Bar to Interference by Courts in Electoral Matters

The act bars the interference by courts in the electoral matters of

municipalities. It declares that the validity of any law relating to the

delimitation of constituencies or the allotment of seats to such

constituencies cannot be questioned in any court. It further lays down

that no election to any municipality is to be questioned except by an

election petition presented to such authority and in such manner as

provided by the state legislature.

Twelfth Schedule

It contains the following 18 functional items placed within the purview

of municipalities:

1. Urban planning including town planning;

4. Roads and bridges;

5. Water supply for domestic, industrial and commercial purposes;

6. Public health, sanitation, conservancy and solid waste

management;

7. Fire services;

8. Urban forestry, protection of the environment and promotion of

ecological aspects;

9. Safeguarding the interests of weaker sections of society,

including the handicapped and mentally retarded;

10. Slum improvement and upgradation;

11. Urban poverty alleviation;

12. Provision of urban amenities and facilities such as parks,

gardens, playgrounds;

13. Promotion of cultural, educational and aesthetic aspects;

14. Burials and burial grounds, cremations and cremation grounds

and electric crematoriums;

15. Cattle ponds, prevention of cruelty to animals;

16. Vital statistics including registration of births and deaths;

17. Public amenities including street lighting, parking lots, bus stops

and public conveniences; and

18. Regulation of slaughter houses and tanneries.

TYPES OF URBAN GOVERNMENTS

The following eight types of urban local bodies are created in India for

the administration of urban areas:

• Municipal Corporation

• Municipality

• Notified Area Committee

• Town Area Committee

• Cantonment Board

• Township

• Port Trust

• Special Purpose Agency

1. Municipal Corporation

Municipal corporations are created for the administration of big cities

like Delhi, Mumbai, Kolkata, Hyderabad, Bangalore and others. They

are established in the states by the acts of the concerned state

legislatures, and in the union territories by the acts of the Parliament

of India. There may be one common act for all the municipal

corporations in a state or a separate act for each municipal

corporation.

A municipal corporation has three authorities, namely, the council,

the standing committees and the commissioner.

The Council is the deliberative and legislative wing of the

corporation. It consists of the Councillors directly elected by the

people, as well as a few nominated persons having knowledge or

experience of municipal administration. In brief, the composition of the

Council including the reservation of seats for SCs, STs and women is

governed by the 74th Constitutional Amendment Act.

The Council is headed by a Mayor. He is assisted by a Deputy

Mayor. He is elected in a majority of the states for a one-year

renewable term. He is basically an ornamental figure and a formal

head of the corporation. His main function is to preside over the

meetings of the Council.

The standing committees are created to facilitate the working of the

council, which is too large in size. They deal with public works,

education, health, taxation, finance and so on. They take decisions in

their fields.

The municipal commissioner is responsible for the implementation

of the decisions taken by the council and its standing committees.

Thus, he is the chief executive authority of the corporation. He is

appointed by the state government and is generally a member of the

IAS.

2. Municipality

The municipalities are established for the administration of towns and

smaller cities. Like the corporations, they are also set up in the states

by the acts of the concerned state legislatures and in the union

territory by the acts of the Parliament of India. They are also known by

various other names like municipal council, municipal committee,

municipal board, borough municipality, city municipality and others.

Like a municipal corporation, a municipality also has three

authorities, namely, the council, the standing committees and the chief

executive officer.

The council is the deliberative and legislative wing of the

municipality. It consists of the councillors directly elected by the

people.

The council is headed by a president/chair-man. He is assisted by a

vice-president/vice-chairman. He presides over the meetings of the

council. Unlike the Mayor of a municipal corporation, he plays a

significant role and is the pivot of the municipal administration. Apart

from presiding over the meetings of the Council, he enjoys executive

powers.

The standing committees are created to facilitate the working of the

council. They deal with public works, taxation, health, finance and so

on.

The chief executive officer/chief municipal officer is responsible for

day-to-day general administration of the municipality. He is appointed

by the state government.

3. Notified Area Committee

A notified area committee is created for the administration of two types

of areas–a fast developing town due to industrialisation, and a town

which does not yet fulfil all the conditions necessary for the

constitution of a municipality, but which otherwise is considered

important by the state government. Since it is established by a

committee. Though it functions within the framework of the State

Municipal Act, only those provisions of the act apply to it which are

notified in the government gazette by which it is created. It may also

be entrusted to exercise powers under any other act. Its powers are

almost equivalent to those of a municipality. But unlike the

municipality, it is an entirely nominated body, that is, all the members

of a notified area committee including the chairman are nominated by

the state government. Thus, it is neither an elected body nor a

statutory body.

4. Town Area Committee

A town area committee is set up for the administration of a small town.

It is a semimunicipal authority and is entrusted with a limited number

of civic functions like drainage, roads, street lighting, and conservancy.

It is created by a separate act of a state legislature. Its composition,

functions and other matters are governed by the act. It may be wholly

elected or wholly nominated by the state government or partly elected

and partly nominated6 .

5. Cantonment Board

A cantonment board is established for municipal administration for

civilian population in the cantonment area7. It is set up under the

provisions of the Cantonments Act of 2006–a legislation enacted by

the Central government. It works under the administrative control of

the defence ministry of the Central government. Thus, unlike the

above four types of urban local bodies, which are created and

administered by the state government, a cantonment board is created

as well as administered by the Central government.

The Cantonments Act of 2006 was enacted to consolidate and

amend the law relating to the administration of cantonments with a

view to impart greater democratisation, improvement of their financial

base to make provisions for developmental activities and for matters

connected with them. This Act has repealed the Cantonments Act of

1924.

At present (2019), there are 62 cantonment boards in the country.

They are grouped into four categories on the basis of the civil

population. This is shown below in Table 39.2.

Table 39.2 Classification of Cantonment Boards

Category Civil Population

I above 50,000

II 10,000 to 50,000

III 2,500 to 10,000

IV Below 2,500

A cantonment board consists of partly elected and partly nominated

members. The elected members hold office for a term of five years

while the nominated members (i.e., ex-officio members) continue so

long as they hold the office in that station. The military officer

commanding the station is the ex-officio president of the board and

presides over its meetings. The vice-president of the board is elected

by the elected members from amongst themselves for a term of five

years.

The Category I cantonment board consists of the following

members:

(i) A military officer commanding the station

(ii) An executive engineer in the cantonment

(iii) A health officer in the cantonment

(iv) A first class magistrate nominated by the district magistrate

(v) Three military officers nominated by the officer commanding the

station

(vi) Eight members elected by the people of the cantonment area

(vii) Chief Executive Officer of the cantonment board

The functions performed by a cantonment board are similar to

those of a municipality. These are statutorily categorised into

obligatory functions and discretionary functions. The sources of

income includes both, tax revenue and non-tax revenue.

The executive officer of the cantonment board is appointed by the

president of India. He implements all the resolutions and decisions of

the board and its committees. He belongs to the central cadre

established for the purpose.

6. Township

This type of urban government is established by the large public

enterprises to provide civic amenities to its staff and workers who live

in the housing colonies built near the plant. The enterprise appoints a

town administrator to look after the administration of the township. He

is assisted by some engineers and other technical and non-technical

staff. Thus, the township form of urban government has no elected

members. In fact, it is an extension of the bureaucratic structure of the

enterprises.

7. Port Trust

The port trusts are established in the port areas like Mumbai, Kolkata,

Chennai and so on for two purposes: (a) to manage and protect the

ports; and (b) to provide civic amenities. Aport trust is created by an

Act of Parliament. It consists of both elected and nominated members.

Its chairman is an official. Its civic functions are more or less similar to

those of a municipality.

8. Special Purpose Agency

In addition to these seven area-based urban bodies (or multipurpose

agencies), the states have set up certain agencies to undertake

designated activities or specific functions that ‘legitimately’ belong to

the domain of municipal corporations or municipalities or other local

urban governments. In other words, these are function-based and not

areabased. They are known as ‘single purpose’, ‘uni-purpose’ or

‘special purpose’ agencies or ‘functional local bodies’. Some such

bodies are:

1. Town improvement trusts.

2. Urban development authorities.

3. Water supply and sewerage boards.

4. Housing boards.

5. Pollution control boards.

6. Electricity supply boards.

7. City transport boards.

These functional local bodies are established as statutory bodies by

an act of state legislature or as departments by an executive

resolution. They function as autonomous bodies and deal with the

functions allotted to them independently of the local urban

governments, that is, municipal corporations or municipalities and so

forth. Thus, they are not subordinate agencies of the local municipal

MUNICIPAL PERSONNEL

There are three types of municipal personnel systems in India. The

personnel working in the urban governments may belong to any one

or all the three types. These are

1. Separate Personnel System: Under this system, each local body

appoints, administers, and controls its own personnel. They are not

transferable to other local bodies. It is the most widely prevalent

system. This system upholds the principle of local autonomy and

promotes undivided loyalty.

2. Unified Personnel System: In this system, the state government

appoints, administers, and controls the municipal personnel. In other

words, state-wide services (cadres) are created for all the urban