INTRODUCTION TO LOCAL SELF GOVERNMENT, 74TH CONSTITUTIONAL AMENDMENT, STRUCTURE OF URBAN LOCAL SELF GOVERNMENT, FUNCTIONS, TYPES, PROBLEM AREAS OF LOCAL SELF GOVERNMENT, CONCLUSION

1. AMITY LAW SCHOOL
LSG PRESENTATION
ARTICLE –ANALYSIS OF URBAN LOCAL SELF
GOVERNMENT
SUBMITTED TO SUBMITTED BY
HEMANT SINGH GAURAV PUROHIT
ASST PROFESSOR BBA LLB5THSEMESTER

2. INTRODUCTION
• Governments at all levels need to assume a
significant job in creating an Urban framework
that reinforces the base of an Economy.
• Indian Constitution has accommodated three
levels of administrative structure (Union, State,
and Local) determining the forces and obligations
regarding all the feels sick of the legislatures.
• it is the ideal goal of the Constitution that all the
levels of the Governments work in a coordinated
way well inside the constraints of the Constitution
for Urban foundation improvement.

3. INTRODUCTION(CONTD)
• The third level of Governments is by and large
named Local Self-Governments and it has two
wings, one which works in the rural regions and
the other in the urban regions.
• Sacred status has been given to these local
governments through the 73th and 74th
Constitutional Amendment Acts, 1992.
• Local Self-Government operating in Urban
Territories are usually known as "Urban Local
Self Governments".

4. LOCAL SELF GOVERNMENT
• Local self-governments are those bodies that care for
the organization of a territory or a little The idea of
Local Self Government rises out of Human
fundamental desire for freedom the ability to settle on
choices and to uplift the general public according to the
necessities of the separate networks network, for
example, a town or a city local self-government works
at the most minimal degree of society.
• The Local Self-Government is the executives of local
issues by such local bodies who have been chosen by
the nearby people.

5. 74TH CONSTITUTIONAL AMENDMENT
• This Act included another part IX-A to the Constitution entitled as
'The Municipalities' and another Twelfth Schedule containing 18
functional items for municipalities. The primary provisions of this
Act can be assembled under two classes mandatory and
discretionary.
• A portion of the necessary provision which is binding on all States
are:
• Constitution of Nagar panchayats, city chambers and city
partnerships in temporary (zones on the move from a provincial
zone to metropolitan region), littler metropolitan regions and bigger
metropolitan zones separately;
• Reservation of seats in metropolitan nearby bodies for Scheduled
Castes/Scheduled Tribes generally concerning their populace;

6. CONTD
• Reservation of seats for women up to 33% seats;
• The State Election Commission, comprised to conduct
the election in the Panchayati raj bodies will likewise
lead decisions to the urban local self-administering
bodies;
• The State Finance Commission, comprised to manage
money related issues of the Panchayati Raj bodies will
likewise investigate the budgetary undertakings of the
local urban self-governing bodies;
• Tenure of Urban local self-government bodies is five
years and in case of dissolution then new elections are
to be held inside 6 months.

7. CONTD
• Discretion provisions which are not binding in nature, yet
are required to be followed by the States are:
• Offering representations to individuals from the Union and
State Legislatures in these bodies
• Giving reservation to backward classes.
• Giving Monetary forces corresponding to charges,
obligations, costs, and expenses, and so on;
• Making the Urban bodies self-sufficient and devolution of
forces to these bodies to play out a few or the entirety of
the capacities counted in the Twelfth Schedule added to
the Constitution through this Act and additionally to make
plans for economic development.

8. CONTD
• Hence, the 73rd and 74th revisions give a system to the
States regarding local government. Subsequently, each
State has its own Election Commission which conducts
an election to all local bodies after every 5 years.
• Each State has its Finance Commission to control
accounts of the local bodies. Seats are reserved in the
companies and municipalities for Scheduled Castes and
Tribes. 33% of seats are reserved for women in every
single nearby body – metropolitan and rural.

9. STRUCTURE
• Urban local bodies administration has 3 level
structure, for example
• Municipality corporation (bigger towns or urban
areas where population of that region cross 10
lakhs)
• Municipal Councils (little towns where populace
is under 10 lakhs)
• Nagar Panchayats (these are little towns which are
in process of transforming rural area to urban
area).

10. FUNCTIONS
• It is a typical practice to divide the organization of a
corporation or a municipality into 2 parts:
• (a)deliberative and (b) executive part
• The corporation, council, or municipal board or council
comprising of the chosen representatives of the individuals
establishes the deliberative part. It acts like a Legislature.

11. FUNCTIONS(CONTD)
• It talks about and discusses on municipal policies and its performance,
passes the budget of the metropolitan local body, outlines detailed
strategies identifying with tax collection, resources raising, pricing of
services, and different parts of municipal administration.
• It watches out for municipal administration and holds the executive
responsible for what is done or not done. For example, if the water supply
is not proper, the deliberative wing scrutinizes the function of the
administration and recommends measures for development.
• The complete care of the executive part of the municipal administration is
taken by the municipal officers and other employees. In the Corporations,
the Commissioner of Municipal is the Executive head, and all other
departmental officers like engineers, finance officers, health officers, etc.
function under his/her control and supervision.

12. FUNCTIONS(CONTD)
• Municipal Functions are generally divided into obligatory and
discretionary
• The mandatory (necessary) functions are those that the
municipal body must perform. There are different obligatory
functions like water supply; development and upkeep of
streets, roads, and other public works, road lighting; waste and
sewerage; trash assortment and removal; prevention, and
control of diseases.

13. FUNCTIONS (CONTD)
• Some other compulsory functions are public
vaccination, upkeep of emergency clinics and
dispensaries including maternity and kid welfare
centers,checking food adulteration; expulsion of
ghettos; supply of power; maintenance of burial
grounds, and planning of the town. In certain States,
some of these functions might be taken over by State
Government.
• The optional or the discretionary functions are those
that a municipal body may take up if reserves permit.
These are given less importance. Some of such
functions are the development and upkeep of rescue
homes and orphanages, houses for low-income groups

14. TYPES OF URBAN GOVERNMENTS
• Municipal Corporation: Municipal corporations are made for the
organization of enormous urban areas like Mumbai, Hyderabad,
Delhi, and others. A Municipal Corporation has three specialists
specifically, the council (legislative wing of the corporation), the
standing committee (to encourage the working of the council), and
the commissioner (CEO authority of the corporation).
• Municipality: They are set up for the organization of towns and
littler urban communities. They are also called as the Municipal
Council, Municipal Committee, Municipal Board, City
Municipality, and others. In structure they are very like municipal
corporations aside from that head of the council is known as
President/director and instead of commissioner they have a
CEO/chief municipal city official.

15. CONTD
• Notified Area Committee: It is made for the organization of
two kinds of territories, a fast developing town because of
industrialization, and a town which doesn't yet satisfy all the
conditions fundamental for the constitution of a
municipality, however, which in any case is viewed as
significant by the state government.
• Town Area Committee: It is set up by a different
demonstration of the State Legislature for the organization
of a small town. It is a semi-metropolitan authority
depended on the predetermined number of civic functions.
It might be completely chosen or entirely selected or
partially elected and partially nominated as given by the
State Government.

16. CONTD
• Cantonment Board: It is built up for City Organizations for
Regular Citizen population in the cantonment regions (a
territory where military powers and troops are for all time
positioned). It is set up under the provisions of the
Cantonment Act, 2006 by the Central government, and
works under the Defense service of the central government.
It is partly elected and partly nominated and mostly named
body having the Military official ordering the station as its
ex-officio President.
• Township: It is set up by large public enterprises to give
civic amenities to its staff and laborers, who live in the
colonies, built lodging close to the plant. It's an elected
body and all individuals, including the town administrator,
are appointed by the enterprise itself.

17. CONTD
• Port Trust: The port trusts are set up in the port regions like
Kolkata, Chennai, and Mumbai, etc for two purposes: (a) to
oversee and secure the ports; (b) to give civic amenities. It
is made by an Act of Parliament and it comprises of both
elected and nominated individuals.
• Special Purpose Agency: The states have set up particular
organizations to attempt assigned exercises or special
functions that legitimately have a place with the area of
municipal corporations, municipalities, or other local
metropolitan governments. These are based on functions
based on the area. They are known as 'single purpose', 'uni-
purpose' or special purpose or 'useful local bodies resemble
town improvement trust, housing boards, pollution control
hogs, and so on.

18. PROBLEM AREAS OF MUNICIPAL
BODIES
• Local Bodies are made by state governments and
consequently, can be dissolved down by them too if
they would not work according to their rules and
regulations.
• The absence of a reliable and reasonable Urban
Development plan, defective and inappropriate
metropolitan planning combined with poor execution
and guideline are enormous difficulties for
Municipalities.
• The absence of an appropriate checking framework set
up brings about the wasteful and inappropriate working
of Local Urban Bodies.

19. CONTD
• Election costs and implicit rules to be better
managed and more powers ought to be given
to the State Election Commission to do
likewise.
• The Municipal Councils/Municipalities have
confined local self-rule when contrasted with
the Municipal Corporations; with more
inescapable state control that regularly peaks
in the dissolution of the former.

20. CONCLUSION
• To improve governance of urban areas and
delivery of services there should be constitutional
amendments as well as administrative actions.
• Even After seventy years of Autonomy or
Independence, rural and urban residents don't
have full knowledge of the reason or purpose of
local bodies. Hence, the overall population doesn't
have an unmistakable view about the individuals'
privileges, obligations, and duties of officials and
chose representatives of local bodies.

21. CONCLUSION (CONTD)
• Individuals don't have much idea regarding how
revenue out of tax is utilized i.e., where the cash
is going and how it is being spent.
• Hence it is vital that a plan should be made to
remove uncertainty from the individuals and
residents ought to be urged to report defaults, for
example, misappropriations of revenue and
service not provided as guaranteed and awareness
ought to be made among the whole society about
the Right to Information Act.