74th Amendment in Gurgaon (CNCR)

Urban local bodies/municipalities play an important role in the planning and development...
18. Regulation of slaughter houses and tanneries.

While these are mandatory, more functions may be notified.

On 16th Feb...
8. Accountability of decision-makers in government.

M. Veerappa Moily, Chairperson, also stated “Improving the quality of...
regarding fixation of seats of MCG and one copy of door to door data of population verified by
the Commissioner MCG. Next ...
Govt on 24th July 2008 “It will not be possible to carry out election within 6 months, hence
Section 4(4) may be amended s...
Statewise loan sanctioned(RsCr.) by NCRPB, for infrastructure projects-uptil l March 2008:
Uttar Pradesh (including CMA Ba...
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74th Amendment, Gurgaon And Cncr


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74th Amendment, Gurgaon And Cncr

  1. 1. 74th Amendment in Gurgaon (CNCR) Urban local bodies/municipalities play an important role in the planning and development of urban areas. However, the performance of municipalities in the discharge of their duties has continued to deteriorate over time. Municipalities in India are confronted with a number of problems, such as inefficiency in the conduct of business, ineffective participation of the population in local governance, weak financial condition, lack of transparency in the planning and implementation of projects, etc., which affect their performance adversely. The year 1993 brought a revolutionary amendment of the Indian Constitution. Parts IX and IX-A were added which gave rural and urban citizens of India rights of local governance. An important initiative to strengthen municipal governance is the enactment of the Constitution (74th Amendment) Act (CAA) in 1993. Until this amendment, local governments in India were organised on the basis of the ‘ultra vires’ principle [beyond the powers or authority granted by law] and the state governments were free to extend or control the functional sphere through executive decisions without an amendment to the legislative provisions. The Constitution (74th Amendment) Act (CAA) is an enabling legislation for municipalities to be able to discharge their duties efficiently. The important provisions specified in the Act include constitution of three types of municipalities, devolution of greater functional responsibilities and financial powers to municipalities, adequate representation of weaker sections and women in municipalities, regular and fair conduct of municipal elections, and constitution of Wards Committees, Planning Committees and State Finance Commissions. While there has been full compliance in respect of provisions, such as constitution of three types of ULBs, reservation of seats, and constitution of SFCs, the same cannot be said for other provisions, namely constitution of Wards Committees, District Planning Committees and Metropolitan Planning Committees. Empowerment of municipalities through functional devolution is an important objective of the 74th CAA. The Twelfth Schedule of the 74th CAA, consists of a list of 18 functions. Part IX-A Twelfth Schedule (Article 243W) - Powers of Urban Local Bodies 1. Urban planning including town planning. 2. Regulation of land-use and construction of buildings. 3. Planning for economic and social development. 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. 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, cremation grounds and electric crematoriums. 15. Cattle pounds; 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.
  2. 2. 18. Regulation of slaughter houses and tanneries. While these are mandatory, more functions may be notified. On 16th February 2006, the Supreme Court stated in M.C. Mehta Vs. Union of India 2006 AIR 1325, quot;Town planning is now part of constitutional obligation on insertion of Part IX-A in the Constitution of India w.e.f. 1st June, 1993.quot; On 19th October 2006, the Supreme Court, in Kishansing Tomar vs. Municipal Corporation of the City of Ahmedabad & Ors 2007 AIR 269 stated that elections must invariably be held within 6 months of dissolution of erstwhile Municipal Council under the Constitution of India (74th Amendment). 2nd Administrative Reforms Commission Dec 2006. M. Veerappa Moily, Chairperson: 1.5.2. Mandatory Reforms at the State level The list of reforms required under JNNURM are as follows: 1. Complete implementation of the 74th CAA, with all 18 functions to ULBs 2. Repeal of Urban Land Ceiling Regulation Act 3. Reform of Rent Control Laws 4. Rationalisation of Stamp Duty 5. Public Disclosure Law- quarterly audited statements of finance and performance by ULB 6. Enactment of a Community Participation Law- Area Sabhas and Ward Committees 7. Transfer of city planning function and transfer of all services to the municipality 1.5.3. Mandatory Reforms at the ULB level 1. Reforms in Municipal Accounting, to create double-entry accounting standards 2. Reform E-Governance with GIS/MIS- improve transparency and service delivery 3. Property Tax reform 4. Levy of User Charges for services- ensure cost recovery on operations and maintenance 5. Earmarking of minimum budgetary support for Basic Services for Urban Poor 6. Basic services to urban poor including security of tenure, housing, water supply and sanitation 1.5.4. Optional reforms at the State/ULB/parastatal level 1. Revision of by-laws to streamline approval process for construction of buildings etc 2. Simplification of conversion of land from agricultural to non-agricultural 3. Introduction of Property Title certification system in ULBs 4. Earmarking 20-25% of developed land in all housing projects for EWS and LIG category 5. Computerisation of land registration 6. Rain-water harvesting by-laws 7. By-laws for re-use of recycled water 8. Administrative reforms including adoption of Voluntary Retirement Scheme 9. Structural reforms 10. Encouraging public-private-partnerships On 4th July 2007, at the Annual Conference of Ministers in charge of Drinking Water and Sanitation, Prime Minister Dr. Manmohan Singh requested State Governments to empower local governance structures because rural and urban local governance was a constitutional obligation under Part IX of the Indian Constitution. In his final report dated 22 October 2007, M. Veerappa Moily, Chairperson of the Second Administrative Reforms Commission concluded that an institutional set-up that ensures good urban local governance in India should have: 1. Constructive Participation of public in governance. 2. Transparency built on the free flow of information enabling monitoring.
  3. 3. 8. Accountability of decision-makers in government. M. Veerappa Moily, Chairperson, also stated “Improving the quality of life of citizens by providing them civic amenities has been the basic function of local governments ever since their inception and it continues to be so even today. Local governments are ideally suited to provide services like water supply, solid waste management, sanitation etc, as they are closer to the people and in a better position to appreciate their concerns and even economic principles state that such services are best provided at the level of government closest to the people.quot; Some Important Comments of M. Veerappa Moily The State Governments have created a large number of parastatal bodies -development authorities, public works, water and electricity boards which has weakened the authority of local bodies, leading to a fragmented approach, with a large number of bodies working in isolation. Transfer of funds, functions and functionaries to urban local bodies has been slow and hesitant in most States. Mandatory introduction of the Twelfth Schedule and mandatory restrictions on the powers of State Governments to interfere in the functioning of Urban Local Bodies was provided in our Constitution, but has not been implemented. Therefore urban local governance structures remain unprofessional, unresponsive and lacking in transparency. Municipal Corporation Gurgaon was constituted on 2nd June 2008. Under Section 4(4) of Haryana Municipal Corporation Act 1994 and Article 243 U(3)(b) of the Constitution of India elections were to be held to elect members of the MCG within 6 months by 2nd December 2008. Staff had been requested by MCG from DC Gurgaon for population survey, but we learn with total disbelief that this request was refused by DC Gurgaon, the main local representative of Haryana Govt. Adhoc Body for ward delimitation was notified on 20th June 2008. Adhoc body was to be chaired by DC Gurgaon with a completion date of 31 July 2008. Once again, we learn with total disbelief, that DC Gurgaon did not call any meeting till expiry of deadline of report submission 31 July 2008. On 14th July 2008 Haryana State Election Commissioner desired that the ward delimitation and survey of population be combined with voter enrolment in order to save on time and cost (Haryana SEC letter No. RNA/2ME/2008/6481 dt 14.07.2008 to MCG & others). Also because the total number of voters registered with urban Gurgaon hovered at a low 166,000. We learn, to our great horror, that this perfectly sound and reasonable suggestion has not been implemented by Haryana Govt and ward delimitation has been completed in May 2009 for submission to Adhoc Body for ward delimitation without combining voter enrolment. This vital information has been completely blanked out from the media in a total lack of transparency in local governance. Without adhoc body for ward delimitation having met, we learn with total disbelief, that the Municipal Corporation Gurgaon unilaterally informed Haryana Govt on 24th July 2008 that estimate of time for door to door survey was 3 or more months on 24th July 2008 ie 24th October 2008 or later; Gurgaon Municipal Council area was 20 sq km while Gurgaon Municipal Corporation area is 167.14 sq km, estimated 12 to 15 lakh population, more than 60 multiplexes, more than 120 shopping malls, more than 100 group housing societies, 7 industrial sectors, more than 40 private builder colonies, 30 HUDA sectors, 60 to 70 unapproved colonies and 37 villages. Ad hoc body for ward delimitation finally met on 12th September 2008. Two weeks time was given to MCG to produce three copies of Municipal Plan of MCG showing all main roads/ streets in which outer boundary is shown as per Notification dt 02nd June 2008, one copy of notification
  4. 4. regarding fixation of seats of MCG and one copy of door to door data of population verified by the Commissioner MCG. Next meeting was scheduled for 26 September 2008. On 14th September 2008 a charter demanding implementation of 74th Constitution Amendment for all 18 powers of local governance at Gurgaon was emailed to Chief Secretary Haryana, Deptt of Urban Local Bodies Haryana, Municipal Corporation Gurgaon, DC Gurgaon, Haryana State Election Commission and The Honble Chief Minister Haryana. A paper copy was delivered and signature of receipt obtained from the office of Municipal Corporation Gurgaon on 15th September 2008. No action was taken by Haryana Govt. Adhoc Body for ward delimitation met 6 weeks later than the scheduled date of 26th September 2008 on 4th November 2008. It was agreed at this meeting that the Municipal Plan of Municipal Corporation Gurgaon showing all main roads/ streets was to be submitted by Municipal Engineer by 18th November 2008 but this was not ready till 02nd May 2009. It was informed that copy of notification regarding fixation of seats of Municipal Corporation Gurgaon could only be issued by Haryana Govt after door to door survey is received from Municipal Corporation Gurgaon. EO MCG informed that rate contract of NGO for door to door survey was re-examined and decision was taken to go for open tenders, progress of which was to be given to adhoc body by 31.01.2009. The next meeting was tentatively fixed for first week of February 2009 but no meeting had been held till 02 May 2009. On the basis of a premature and unsupported recommendation made by Commissioner MCG dated 24th July 2008, Section 4(4) of Haryana Municipal Corporation Act 1994 under which elections were to be held within 6 months by 2nd December 2008 was amended on 10th October 2008 to be completed by 2nd June 2009, which amendment is inconsistent with Article 243 U(3) (b) of the Constitution of India as also Supreme Court ruling of 19th October 2006 in Kishansing Tomar vs. Municipal Corporation Ahmedabad, quot;It is true that Election Commission shall take steps to prepare the electoral rolls by following due process of law, but that too, should be done timely and in no circumstances, it shall be delayed so as to cause gross violation of the mandatory provisions contained in Article 243-U of the Constitution…it will be open to the State Election Commission to approach the High Courts, in the first instance, and thereafter the Supreme Court for a writ of mandamus or such other appropriate writ directing the concerned State Government to provide all necessary cooperation and assistance to the State Election Commission to enable the latter to fulfill the constitutional mandate…. Taking into account these factors and applying the principles of golden rule of interpretation, the object and purpose of Article 243-U is to be carried out.quot; On 19th May 2009 Municipal Corporation put out an appeal to assist CE Info Systems in their task of house-tax registration. MCG did not reveal that ward delimitation exercise was also allotted to this firm. Ward data has been completed and submitted for consideration of Adhoc Body for ward delimitation by CE Info Systems. This suppression of public information reeks of lack of transparency in functioning of the system of local governance in Gurgaon. In what is clearly a preplanned murder of democracy, one, the DC Gurgaon refusing staff, two, the adhoc body not being summoned before stipulated submission date of 31st July 2008, and, three, the sham of hiring and then rejecting a private NGO and issuing open tender for door to door survey being issued only after final date of 2nd December 2008, four, rejecting the sound advice of the State Election Commissioner to combine ward delimitation & population survey with voter enrolment in order to save on time and cost, the Commissioner, MCG who himself estimated the completion date as 24th October 2008 or later, prematurely certified to Haryana
  5. 5. Govt on 24th July 2008 “It will not be possible to carry out election within 6 months, hence Section 4(4) may be amended so as to increase the period of 6 months to 1 year.” CENTRAL NATIONAL CAPITAL REGION – CNCR The Central NCR (earlier the Delhi Metropolitan Area) as defined in the Regional Plan – 2021, comprises of the notified / controlled development areas of the neighbouring towns of Ghaziabad – Loni, NOIDA, Greater NOIDA, Gurgaon, Faridabad, Bahadurgarh and Kundli, and the extension of the ridge in Haryana, having an area of about 2600 sq. kms out of the total 33578 sq km area of the NCR. Gurgaon-Manesar 2021 337 sq km (MCG 167.14 sq km) Faridabad-Ballabgarh 208 sq km Noida 203 sq km Greater Noida 2021 216 sq km Loni, Bahadurgarh, Kundli 63 sq km Rest of CNCR 1117 sq km NCT Delhi 1483 sq km CNCR Delhi 2600 sq km Rest of NCR Delhi 30978 sq km Total NCR Delhi 33578 sq km Haryana 13413 sq km UP 10853 sq km Rajasthan 7829 sq km Delhi 1483 sq km Total NCR Delhi 33578 sq km ANNUAL REPORT NCRPB 2007 Under Section 17(1) of the NCRPB Act, 1985 “Each participating state shall prepare a Sub- regional Plan for the sub-region within that State and the Union Territory shall prepare a Sub- regional Plan for the Sub-region within the Union Territory”. In the 29th Meeting of the Board held on 24.05.2006, the representatives of the Constituent States were requested to prepare the Sub-Regional Plans of their respective Sub-regions. No significant progress has been made in the preparation of Sub-regional Plans by the constituent states. On the request from Government of Rajasthan & Haryana, the Project Sanctioning & Monitoring Group-I approved the outsourcing of the preparation in its 39th meeting held on 25.7.07. Section 16 of the National Capital Region Planning Board Act, 1985 provides for the preparation of Functional Plan ‘as a plan prepared to elaborate one or more elements of the Regional Plan’, by the Board with the assistance of the Planning Committee. The Board is in the process of preparing Functional Plans on Drainage, Power, Water and Transportation. Study The constituent Stateswere to provide the base line data for the purpose. Sub-region wise break up for Haryana including completed and ongoing projects (Rs cr) Status No. of projects Estimated cost Loan sanctioned Loan released by NCRPB Ongoing 89 7977 2918 1427 Completed 38 1781 629 541
  6. 6. Statewise loan sanctioned(RsCr.) by NCRPB, for infrastructure projects-uptil l March 2008: Uttar Pradesh (including CMA Bareilly), 928.26, 18% Haryana (Including CMA-Hissar), 3546.52, 66% Rajasthan (including CMA-Kota), 317.62, 6% Delhi , 310.00, 6% Madhya Pradesh (CMA -Gwalior), 101.24, 2% Punjab (CMA -Patiala), 95.63, 2% Address of CM Haryana - 29th Meeting of NCR Planning Board 29.5.2006 The Hon’ble Chief Minister of Haryana in his address explained that the policies of Government of India are Delhi centric rather than being Central National Capital Region (CNCR) centric. Unless this paradigm policy shift takes place the migration towards the capital city will continue unabated which will further congest Delhi. He also pointed out that present pattern of funding by way of loans through NCR Planning Board is grossly inadequate. The development is being done at the cost of farmers interest whose most productive agriculture land is being consumed for urbanization. Further, the lowering of rates of tax has cost diversion of trade from neighbouring states of Delhi compounding the problem of congestion in Delhi. Under the Yamuna Action Plan, the Government of Haryana has completed all 11 sewerage treatment plants while the progress in Delhi is very slow. Note on Gurgaon- Manesar Final Development Plan 2021 The areas of Gurgaon- Manesar Urban Complex which have so far been developed in public and private sector, including existing town and village population would accommodate 22 lacs individuals. In order to cater to the future demand an additional area of 21733 hectares has been added in the form of urbanisable area to accommodate 15 lacs additional population. Thus the total urbanization area of Gurgaon-Manesar Urban Complex in area of 33726 hectares would accommodate 37 lacs population by 2021. Following is the proposed land use within this area: Sr No Land Use Area (Hectares) 1 Residential 14930 2 Commercial 1404 3 Industrial 5441 4 Transport and Communication 4231 5 Public Utilities 564 6 Public and Semi Public use 1630 7 Open Spaces 2675 8 Special Zone 106 9 Defence Land 633 THE NATIONAL CAPITAL REGION PLANNING BOARD ACT, 1985 Act to have overriding effect. 27. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act; or in any decree or order of any court, tribunal or other authority. Power of the Central Government to give directions 28. The Central Government may, from time to time, give such directions to the Board as it may think fit for the efficient administration of this Act and when any such direction is given, the Board shall carry out such directions. Violation of Regional Plan 29. (1) On and from the coming into operation of the finally published Regional Plan, no development shall be made in the region which is inconsistent with the Regional Plan as finally published.