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bodies in the state. They are transferable between the local bodies in | the state. This system is prevalent in Andhra Pradesh, Tamil Nadu, | Uttar Pradesh, Rajasthan, Madhya Pradesh and so on. |
3. Integrated Personnel System: Under this system, the personnel | of the state government and those of the local bodies form part of the | same service. In other words, the municipal personnel are the |
members of the state services. They are transferable not only | between the local bodies in the state but also between local bodies | and departments of state government. Thus, there is no distinction |
between local civil service and state civil service. This system is | prevalent in Odisha, Bihar, Karnataka, Punjab, Haryana and others. | The various national level institutions providing training to the |
municipal personnel are | 1. All-India Institute of Local SelfGovernment (Mumbai) constituted | in 1927; it is a private registered society |
2. Centre for Urban and Environmental Studies (New Delhi) set up | in 1967 on the recommendation of Nur-uddin Ahmed Committee | on Training of Municipal Employees (1963–1965) |
3. Regional Centres for Urban and Environmental Studies (Kolkata, | Lucknow, Hyderabad and Mumbai) set up in 1968 on the | recommendation of Nur-ud-din Ahmed Committee on Training of |
Municipal Employees (1963–1965) | 4. National Institute of Urban Affairs, established in 1976 | 5. Human Settlement Management Institute, established in 1985 |
MUNICIPAL REVENUE | There are five sources of income of the urban local bodies. These are | as follows: |
1. Tax Revenue: The revenue from the local taxes include | property tax, entertainment tax, taxes on advertisements, | professional tax, water tax, tax on animals, lighting tax, pilgrim |
tax, market tax, toll on new bridges, octroi and so on. In addition, | the municipal bodies imposes various cesses like library cess, | education cess, beggary cess and so on. Octroi (i.e., taxes on |
the entry of goods into a local area for consumption, use or sale | therein) has been abolished in most of the states. Property tax is | the most important tax revenue. |
2. Non-Tax Revenue: This source include rent on municipal | properties, fees and fines, royalty, profits and dividends, interest, | user charges and miscellaneous receipts. The user charges (i.e., |
payment for public utilities) include water charges, sanitation | charges, sewerage charges and so on. | 3. Grants: These include the various grants given to municipal |
bodies by the Central and State Governments for several | development programmes, infrastructure schemes, urban reform | initiatives and so on. |
4. Devolution: This consists of the transfer of funds to the urban | local bodies from the state government. This devolution is made | on the basis of the recommendations of the state finance |
commission. | 5. Loans: The urban local bodies raise loans from the state | government as well as financial institutions to meet their capital |
CENTRAL COUNCIL OF LOCAL GOVERNMENT | The Central Council of Local Government was set up in 1954. It was | constituted under Article 263 of the Constitution of India by an order of |
the President of India. Originally, it was known as the Central Council | of Local Self-Government. However, the term ‘selfgovernment’ was | found to be superfluous and hence was replaced by the term |
‘government’ in the 1980s. Till 1958, it dealt with both urban as well as | rural local governments, but after 1958 it has been dealing with | matters of urban local government only. |
The Council is an advisory body. It consists of the Minister for | Urban Development in the Government of India and the ministers for | local self government in states. The Union minister acts as the |
Chairman of the Council. | The Council performs the following functions with regard to local | government: |
(i) Considering and recommending the policy matters | (ii) Making proposals for legislation | (iii) Examining the possibility of cooperation between the Centre and |
the states | (iv) Drawing up a common programme of action | (v) Recommending Central financial assistance |
(vi) Reviewing the work done by the local bodies with the Central | financial assistance | Table 39.3 Articles Related to Municipalities at a Glance |
Article No. Subject-matter | 243P Definitions | 243Q Constitution of municipalities |
243R Composition of municipalities | 243S Constitution and composition of wards committees, | and so on |
243T Reservation of seats | 243U Duration of municipalities, and so on | 243V Disqualifications for membership |
municipalities, and so on | 243X Powers to impose taxes by, and funds of, the | municipalities |
243Y Finance commission | 243Z Audit of accounts of municipalities | 243ZA Elections to the municipalities |
243ZB Application to union territories | 243ZC Part not to apply to certain areas | 243ZD Committee for district planning |
243ZE Committee for metropolitan planning | 243ZF Continuance of existing laws and municipalities | 243ZG Bar to interference by courts in electoral matters |
Table 39.4 Name of Urban Local Bodies in the States (2019)8 | Sl. No. State Urban Local Bodies | 1. Andhra Pradesh 1. Municipal Corporations |
2. Municipalities | 3. Nagar Panchayats | 2. Arunachal Pradesh (ULBs do not exist) |
3. Assam 1. Municipal Corporations | 2. Municipalities | 3. Town Panchayats |
4. Bihar 1. Municipal Corporations | 2. Municipal Councils | 3. Nagar Panchayats |
5. Chattisgarh 1. Municipal Corporations | 2. Municipalities | 3. Town Panchayats |
6. Goa 1. Municipal Corporations | 2. Municipal Councils | 7. Gujarat 1. Municipal Corporations |
8. Haryana 1. Municipal Corporations | 2. Municipal Councils | 3. Municipal Committees |
9. Himachal Pradesh 1. Municipal Corporations | 2. Municipal Councils | 3. Nagar Panchayats |
10. Jharkhand 1. Municipal Corporations | 2. Municipalities / Municipal | Councils |
3. Town Panchayats / Notified | Area Councils | 11. Karnataka 1. Municipal / City Corporations |
2. Municipal / City Councils | 3. Town Panchayats | 12. Kerala 1. Municipal Corporations |
2. Municipalities | 13. Madhya Pradesh 1. Municipal Corporations | 2. Municipalities |
3. Nagar Panchayats | 14. Maharashtra 1. Municipal Corporations | 2. Municipal Councils |
3. Nagar Panchayats | 15. Manipur 1. Municipal Councils | 2. Nagar Panchayats |
16. Meghalaya 1. Municipalities | 17. Mizoram 1. Municipalities | 18. Nagaland 1. Municipal Councils |
2. Town Councils | 19. Odisha 1. Municipal Corporations | 2. Municipalities |
3. Notified Area Councils | 20. Punjab 1. Municipal Corporations | 2. Municipalities |
3. Nagar Panchayats | 21. Rajasthan 1. Municipal Corporations | 2. Municipal Councils |
3. Municipal Boards | 22. Sikkim 1. Municipal Corporations | 2. Municipal Councils |
3. Nagar Panchayats | 23. Tamil Nadu 1. Municipal Corporations | 2. Municipalities |
3. Town Panchayats | 24. Telangana 1. Municipal Corporations | 2. Municipalities |
3. Nagar Panchayats | 25. Tripura 1. Municipal Councils | 2. Nagar Panchayats |
26. Uttar Pradesh 1. Nagar Nigam | 2. Nagar Palika Parishads | 3. Nagar Panchayats |
27. Uttarakhand 1. Nagar Nigam | 2. Nagar Palika Parishads | 3. Nagar Panchayats |
28. West Bengal 1. Municipal Corporations | 2. Municipalities | 3. Notified Area Authorities |
NOTES AND REFERENCES | 1. ‘Local Government’ is a subject mentioned in the State List | under the 7th Schedule of the Constitution. |
2. The bill was passed in both the Lok Sabha and the Rajya | Sabha in December 1992. After that, the bill was approved | by the required number of state legislatures. It was |
assented by the president in April 1993. | 3. A transitional area means an area which is in transition from | a rural area to an urban area. |
4. At present (2019), ten states of India have scheduled areas. | These are: Andhra Pradesh, Telangana, Jharkhand, | Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, |
four states of Assam (3), Meghalaya (3), Tripura (1) and | Mizoram (3). | 5. Metropolitan area means an area having a population of 10 |
lakh or more, in one or more districts and consisting of two | or more municipalities or panchayats or other contiguous | areas. |
6. The Rural-Urban Relationship Committee (1963–66) | headed by A.P. Jain recommended that small town area | committees should be merged with the panchayati raj |
institutions to avoid multiplicity in the pattern of local bodies. | 7. A cantonment area is a delimited area where the military | forces and troops are permanently stationed. |
PART-VI | UNION TERRITORIES AND SPECIAL AREAS | 40. Union Territories |
40 Union Territories | U | nder Article 1 of the Constitution, the territory of India |
comprises three categories of territories: (a) territories of | the states; (b) union territories; and (c) territories that may | be acquired by the Government of India at any time. At present, |
there are twenty-nine states, seven union territories and no | acquired territories. | The states are the members of the federal system in India and |
share a distribution of power with the Centre. The union territories, | on the other hand, are those areas which are under the direct | control and administration of the Central government. Hence, they |
are also known as ‘centrally administered territories’. ‘In this way, | existence of these territories constitutes a conspicuous departure | from federalism in India; the Government of India is plainly unitary |
CREATION OF UNION TERRITORIES | During the British Rule, certain areas were constituted as | ‘scheduled districts’ in 1874. Later, they came to be known as |
‘chief commissioners provinces’. After independence, they were | placed in the category of Part ‘C’ States and Part ‘D’ Territories2. | In 1956, they were constituted as the ‘union territories’ by the 7th |
Constitutional Amendment Act (1956) and the States | Reorganisation Act (1956). Gradually, some of these union | territories have been elevated to statehood. Thus, Himachal |
Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa, | which are states today were formerly union territories. On the | other hand, the territories that were acquired from the Portuguese |
(Goa, Daman and Diu, and Dadra and Nagar Haveli) and the | French (Puducherry) were constituted as the union territories. | At present, there are nine Union Territories. They are (along |
with the year of creation): (1) Andaman and Nicobar Islands– | 1956, (2) Delhi–1956, (3) Lakshadweep–1956, (4) Dadra and | Nagar Haveli–1961, (5) Daman and Diu–1962, (6) Puducherry– |
1962, (7) Chandigarh–1966, (8) Jammu and Kashmir–2019 and | (9) Ladakh–2019. Till 1973, Lakshadweep was known by the | name of Laccadive, Minicoy and Amindivi Islands. In 1992, Delhi |
was redesignated as the National Capital Territory of Delhi. Till | 2006, Puducherry was known as Pondicherry. | The union territories have been created for a variety of reasons. |
These are mentioned below3 : | 1. Political and administrative consider-ation–Delhi and | Chandigarh. |
2. Cultural distinctiveness–Puducherry, Dadra and Nagar | Haveli, and Daman and Diu. | 3. Strategic importance–Andaman and Nicobar Islands and |
Lakshadweep. | 4. Special treatment and care of the backward and tribal | people–Mizoram, Manipur, Tripura and Arunachal Pradesh |
which later became states. | In 2019, the erstwhile state of Jammu and Kashmir was | bifurcated into two separate union territories, namely, the Union |
territory of Jammu and Kashmir, and the Union territory of Ladakh. | While introducing the Jammu and Kashmir Reorganisation Bill, | 2019, in the Parliament, the central government gave the following |
reasons for the creation of these two new union territories: | 1. The Ladakh division of the state of Jammu and Kashmir has | a large area but is sparsely populated with a very difficult |
terrain. There has been a long pending demand of people of | Ladakh, to give it the status of a Union territory to enable | them to realize their aspirations. The Union territory of |
Ladakh will be without a legislature. | 2. Further, keeping in view the prevailing internal security | situation, fuelled by cross border terrorism in the existing |
state of Jammu and Kashmir, a separate Union territory for | Jammu and Kashmir is being created. The Union territory of | Jammu and Kashmir will be with a legislature. |
ADMINISTRATION OF UNION TERRITORIES | Articles 239 to 241 in Part VIII of the Constitution deal with the | union territories. Even though all the union territories belong to |
one category, there is no uniformity in their administrative system. | Every union territory is administered by the President acting | through an administrator appointed by him. An administrator of a |
union territory is an agent of the President and not head of state | like a governor. The President can specify the designation of an | administrator; it may be Lieutenant Governor or Chief |
Commissioner or Administrator. At present, it is Lieutenant | Governor in the case of Delhi, Puducherry, Andaman and Nicobar | Islands, Jammu and Kashmir and Ladakh and Administrator in the |
case of Chandigarh, Dadra and Nagar Haveli, Daman and Diu | and Lakshadweep. The President can also appoint the governor | of a state as the administrator of an adjoining union territory. In |
that capacity, the governor is to act independently of his council of | ministers. | The Union Territories of Puducherry (in 1963), Delhi (in 1992) |
and Jammu and Kashmir (in 2019) are provided with a legislative | assembly4 and a council of ministers headed by a chief minister. | The remaining six union territories do not have such popular |
political institutions. But, the establishment of such institutions in | the union territories does not diminish the supreme control of the | president and Parliament over them. |
The Parliament can make laws on any subject of the three lists | (including the State List) for the union territories. This power of | Parliament also extends to Puducherry, Delhi and Jammu and |
Kashmir, which have their own local legislatures. This means that, | the legislative power of Parliament for the union territories on | subjects of the State List remain unaffected even after |
establishing a local legislature for them. But, the legislative | assembly of Puducherry can also make laws on any subject of the | State List and the Concurrent List. Similarly, the legislative |
assembly of Delhi can make laws on any subject of the State List | (except public order, police and land) and the Concurrent List. | Likewise, the legislative assembly of Jammu and Kashmir can |
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