COMMUNITY PARTICIPATION IN MUNICIPAL GOVERNANCE INITIATIVE OF ANDHRA PRADESH

Transcription

1 COMMUNITY PARTICIPATION IN MUNICIPAL GOVERNANCE INITIATIVE OF ANDHRA PRADESH March,

2 PREFACE This paper is an outcome of the research study carried out by the Technical Cell constituted under the capacity building calendar approved by Ministry of Housing & Urban Poverty, Government of India under SJSRY for the year Centre for Good Governance, Hyderabad is one of the National Network Resource Centres (NNRC) identified by Government of India. This paper has been brought out in the context of implementation of community participation law, a mandatory reform under JNNURM in Andhra Pradesh and particularly in Greater Hyderabad Municipal Corporation. This document has been prepared by Sri DV Rao, Consultant (Urban Studies), CGG. It has got the inputs and guidance from Sri M. Prasada Rao, IAS (Retd), Urban Governance Expert, APUFIDC 2

3 COMMUNITY PARTICIPATION IN MUNICIPAL GOVERNANCE INITIATIVE OF ANDHRA PRADESH Chapter No CONTENTS Subject Page No 1.1 Constitution 74 th Amendment Act, Wards Committee JNNURM Mandatory reforms Community Participation Law Ward Sabha/Area Sabha Initiative of Andhra Pradesh Andhra Pradesh Municipal Laws (Second Amendment) Act, Constitution of Ward Committee Composition of Ward Committee Functions of Ward Committee Rights of Ward Committee Allocation of Funds Constitution of Areas and Area Sabhas Representatives of Area Sabha and their qualifications Functions of Area Sabha Rights of Area Sabha Constitution of Ward Sabha Functions of Ward Sabha Rights of Ward Sabha Effective date of the provisions of the Act Rules made under the Acts The Greater Hyderabad Municipal Corporation (Constitution, Conduct of Meetings, Powers and Functions of Ward 11 3

4 Chapter No Subject Committees and Area Sabhas) Rules, 2010 Page No 5.2 Ward Committee Area Sabha Area Sabha Representative Constitution of Ward Committee Persons eligible for nomination as members of Ward Committee Procedure for nomination as members Secretary of Ward Committee Meetings of Ward Committee Functions of Ward Committee Rights of Ward Committee Powers of Ward Committee Ward Development Plan Annual Report Area Sabha Constitution Area Sabha Representative Procedure for nomination Functions of Area Sabha Rights of Area Sabha Responsibility of Area Sabha Representative Meetings of Area Sabha The Andhra Pradesh Municipalities (Constitution, Conduct of Meetings, Powers and Functions of Ward Committees, Area Sabhas and Ward Sabhas) Rules, Ward Committee Area Sabha Ward Sabha Constitution of Ward Committee 20 4

5 Chapter No Subject Page No 6.6 Persons eligible for nomination as members of Ward Committee Procedure for nomination as members Secretary of Ward Committee Meetings of Ward Committee Functions, Rights and Powers of Ward Committee Ward Development Plan Annual Report Area Sabha Constitution of Area Sabha Procedure for nomination of Area Sabha Representative Functions and Rights of Area Sabha Responsibility of Area Sabha Representative Meetings of Area Sabha Ward Sabha Constitution of Ward Sabha Functions of Ward Sabha Rights of Ward Sabha Meetings of Ward Sabha Operation of the Act in Andhra Pradesh Community participation law in GHMC 23 5

6 COMMUNITY PARTICIPATION IN MUNICIPAL GOVERNANCE INITIATIVE OF ANDHRA PRADESH 1.1 Constitution 74 th Amendment Act, 1992 Decentralisation is backbone for democracy and the Constitution of India recognized it. The 74 th amendment to the Constitution in 1992 provided that each urban area shall have a municipality 1 and municipalities are categorized into three, (1) a nagar panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area; (2) a municipal council for a smaller urban area; and (3) a municipal corporation for a larger urban area. It has also been provided that a transitional area, a smaller urban area or a larger urban area means such area as the state government may specify by a public notification having regard to the population of the area, the density of population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as the government deem fit. In addition to the municipality, the Constitution also provided in each municipality, Wards Committees, consisting of one or more wards within the territorial area of a municipality having a population of three lakhs or more Wards Committee In terms of the federal structure contemplated in the country, the State List (List II) under Seventh Schedule of the Constitution included the subject Local Government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self government or village administration. In compliance with the constitutional mandate, many States have provided the institution of Wards Committees. The States have interpreted the constitutional provision according to their convenience; and many States have provided the Wards Committees, not limiting to one, but for a group of wards. The constitution and composition of Wards Committees in general are - Wards Committees are constituted in municipalities having population of three lakhs or more. In some States, they are constituted even if the population is less than three lakhs. In such cases, certain conditionalities like minimum annual income of the municipality etc. are imposed. - Each Wards Committee consists of 5 to 10 wards. 1 Art 243 Q of Constitution of India 2 Art. 243 S of Constitution of India 6

7 - The Wards Committee consists of the members elected from the wards for which Wards Committee is constituted. - Persons having special knowledge and experience in municipal administration have been nominated in certain States. - The Chairperson of the Wards Committee is elected by the members from amongst themselves. - There would be Secretary to assist the Wards Committee in its functioning. The Secretary is an official of the municipality to be identified by the Commissioner/Executive Officer of the Municipality. The powers and functions of Wards Committee in general are - Maintenance of sanitation, solid waste management, water supply and drainage/sewerage. - Maintenance of roads and street lighting. - Maintenance of markets, parks and playgrounds. - Maintenance of school buildings, dispensaries and maternity and child welfare centres, if they are under the control of the municipality. - Review of revenue collections. - Preparation of draft annual budget of its jurisdictions and forward to the Corporation/Council for consideration and incorporation in municipal budget. - Approval of works of capital nature as well as maintenance to a limited extent of amount. The Wards Committee, no doubt became an administrative decentralized apparatus in the municipal governance, but devoid of real participation of the people in its functioning. The principal reason for non participation of people in the governance is due to large size of the Wards Committee. The aspirations of the common people could not be represented in the system. 2.1 JNNURM Mandatory reforms The real people s participation, ie., community participation can be achieved, if the decentralisation is at some lower level, a ward in the municipal context. The Jawaharlal Nehru National Urban Renewal Mission (JNNURM) therefore, as a measure to decentralize urban governance and bring it to the people has, among others, identified enactment of community participation law to institutionalise citizen s participation and introduce the concept of Area Sabha in urban areas as a mandatory 7

8 reform at the State level 3. This reform is indeed in consonance with the provisions of Constitution 74 th Amendment 4. As indicated above, the 74 th Constitution Amendment provides establishment of Wards Committee consisting of one or a group of wards in a municipality. 2.2 Community Participation Law The basic model of Ward Committee would be - There should a Ward Committee for every ward, not a group of wards in the municipality. - The ward member would be the Chairperson of the Ward Committee. - The Ward Committee would consists a few members belonging to the ward. These members are to be nominated by the municipality and avoid elections at that level. - The members nominated should represent non governmental organisations, community based organisations representing the urban poor, resident welfare associations, professional groups, trade or industrial groups, academicians, social or cultural groups etc. Half of the members may be women. - If the population of the ward is small, there would be Ward Sabha and all voters of the ward will participate in Ward Sabha. - The Chairperson of the Ward Committee, ie., ward member would organize Ward Sabha meetings once in 3 or 6 months. - If the population of the municipality is large, the ward may be divided into few areas, each area to have Area Sabha and all voters of the area will participate in Area Sabha meetings. Each area is represented by Area Sabha Representative, who is nominated by the municipality. - The Area Sabha Representative should be a voter in the concerned area of the ward. The Area Sabha Representative will also be made a member of the Ward Committee. - Members of Ward Committee as well as Area Sabha representatives should only be nominated by the municipality. They should neither be elected nor nominated by government or government agencies. - The arrangement should bring the people at the grass-root to the system of governance. 3 Jawaharlal Nehru National Urban Renewal Mission -Overview 4 Art. 243 S of Constitution of India 8

9 2.3 Ward Sabha / Area Sabha During the Ward Sabha and Area Sabha meetings, all voters of the concerned Ward or Area respectively would participate and show their voice. The objective of the Ward Sabha and Area Sabha meetings is to ensure people s participation in municipal governance and to make the public voice reflected in the decision making process of the municipality. The Ward Sabha and Area Sabha are not decision making bodies and as such do not have any powers to exercise. However, they should have certain functions to perform and the functions may consist the following - Generate proposals and determine priority of schemes in the ward or area and forward to Ward Committee for inclusion in Ward Development Plan. - To identify the eligible beneficiaries under government sponsored welfare schemes on the basis of criteria already fixed. - To identify deficiencies in the services provided by municipality. - To suggest location of street lights, public taps, public conveniences etc. - To cooperate with Ward Committee in maintenance of sanitation. - To impart awareness on matters of public interest like literacy, health care, environmental issues and anti-pollution issues etc. The Ward Sabha/Area Sabha should have certain rights also, like getting information - Of the services rendered or works taken up in the next three or six months from the officials concerned. - Of the action taken by the Ward Committee on the proposals sent by it and the decisions taken thereon. 3.1 Initiative of Andhra Pradesh Government of Andhra Pradesh has reacted positively to the reform and initiated various steps to implement the reform. The first step is legislative action. In Andhra Pradesh, the municipalities are governed under two enactments - Hyderabad Municipal Corporations Act, 1955 (now renamed as Greater Hyderabad Municipal Corporation Act, 1955) which is applicable to all municipal corporations in the State. (Hereinafter referred as GHMC Act). Currently, there are 16 municipal corporations. - Andhra Pradesh Municipalities Act, 1965, which is applicable to all municipalities and nagar panchayats. (Hereinafter referred as APM Act). Currently, the state has 102 municipalities and 6 nagar panchayats. 9

10 The Legislature of the State has enacted Andhra Pradesh Municipal Laws (Second Amendment) Act, It got the assent of the Governor on 16 th April, 2008 and was published in Andhra Pradesh Gazette on 19 th April, 2008 for general information. 3.2 Andhra Pradesh Municipal Laws (Second Amendment) Act, 2008 The main feature of the Act is amending the provisions in both the Acts referred above to give effect to the community participation covering all municipalities (including municipal corporations) in the State instead of two enactments amending two Municipal Acts. While section 2 of the Act deals with GHMC Act, Section 3 deals with APM Act. By and large, both the sections contain similar provisions. They cover - Constitution of the Ward Committee. - Composition of Ward Committee. - Functions of Ward Committee. - Rights of Ward Committee. - Constitution of Areas and Area Sabha. - Representatives of Area Sabha and their qualifications. - Functions of Area Sabha. - Rights of Area Sabha. - Constitution of Ward Sabha. - Functions of Ward Sabha. - Rights of Ward Sabha. 3.3 Constitution of Ward Committee Each ward of a Municipal Corporation 6 and each ward of a Municipality 7 shall have a Ward Committee. 3.4 Composition of Ward Committee Each Ward Committee consists of 8 - Member representing the ward, who would be the Chairperson of the Ward Committee 5 Act No. 7 of Section 8A(1) of Greater Hyderabad Municipal Corporation Act, Section 5 B (1) of Andhra Pradesh Municipalities Act, Section 8 A (2) of GHMC Act, 1955 and Section 5 B (2) of APM Act,

11 - Not less than four and not more than ten electors from the ward on the basis of population representing the civil society to be nominated by the Corporation/Council. - The minimum number of four is in a ward where the population is ten thousand and less; and one additional member thereafter for every four thousand population. - Half of the persons so nominated should be women. Two noteworthy provisions in this model are - The Corporation/Council has been empowered to nominate members to the Ward Committee. The prerogative is given to the elected body of the municipality. It has neither been given to the government nor government agencies. Secondly, no election has been involved in composing the Ward Committee. - Civil society has been elaborated in the Act. A civil society is said to mean 9 any non governmental organization or association of persons established under law and working for social welfare and includes any community based organization, residents welfare association, professional institution and civic, health and educational institution, social or cultural body or any trade or industrial organization. The qualifications and disqualifications of a member of the Ward Committee are similar to those which are applicable to a member of the Corporation or the Council as provided in the relevant Act. The term of the Ward Committee is made coterminous with the term of the Corporation or the Council as the case may be. It is further mentioned that the manner of conduct of business at the meetings of the Ward Committee would be provided in the rules to be made by the government separately. The Ward Committee is empowered to appoint sub committees for making enquiries and giving reports Explanation referred in Section 8A of GHMC Act,1955 and Section 5B of APM Act, Section 8A (9) of GHMC Act, 1955 and 5B (10) of APM Act,

12 3.5 Functions of the Ward Committee Ward Committee is not a policy making body in the municipal system. Therefore, no powers have been provided to it. Only certain functions and rights have been entrusted. It is entrusted with supervision of certain day-to-day maintenance functions concerned with public at large. The Act provided that the Ward Committee has to discharge the following functions Supervision over sanitation work, drainage maintenance, water supply distribution, street lights functioning, minor repairs to roads, maintenance of markets, parks and play grounds. - Implementation of poverty alleviation programmes. - Monitoring the functioning of schools, dispensaries, health centres, maternity centres, if they are under the control of municipality. - Facilitation in collections of taxes and non-taxes. - Preparation of list of beneficiaries for beneficiary oriented schemes, pensions and subsidies. - Prepare annual ward development plan. - Map ward infrastructure index. - Prepare inventory of municipal assets. - Assist in implementing government schemes. - Any other function as may be entrusted by government. 3.6 Rights of Ward Committee As mentioned above, the Ward Committee is entrusted with certain rights. 12. The rights are - Seek information from Commissioner on any matter relating to the ward. - Seek information from the Commissioner about master plan and zonal development plan of the city/town. - Obtain budget details. - Consultation in the development of land use or zonal regulation within the ward. - Obtain details on revenue related issues of the ward. 11 Section 8A (6) of GHMC Act, 1955 and 5B (6) of APM Act, Section 8A (7) of GHMC Act, 1955 and 5B (7) of APM Act,

13 3.7 Allocation of Funds In the present day context, unless certain financial powers are allotted to the Ward Committee, there would not be any effective decentralization. Considering this factor, a noteworthy responsibility was entrusted to the Ward Committee in Andhra Pradesh by allocation of funds to Ward Committees for maintenance works 13. The Corporation/ Municipality would allocate twenty percent of the amount earmarked in the annual budget of the Corporation/Municipality for maintenance of services, namely, sanitation, water supply, drainage, roads, street lighting, parks, markets to all Ward Committees for attending to the functions specified in the earlier chapter. The manner of utilization of funds and other related matters would be governed by Rules to be issued by government separately. 3.8 Constitution of Areas and Area Sabha If the population of the ward is sufficiently large, it may be unviable to organize a meeting with all electors of the ward (Ward Sabha). In such contingencies, a different model is contemplated and Area and Area Sabha is such arrangement. This has also been envisaged under JNNURM. In the Municipal Corporation, Areas are contemplated 14, since the population of the Municipal Corporation as well as a Ward is sufficiently large. The population for each Area may be between two to five thousands. However, in the case of Municipalities, Areas are contemplated where population of the Municipality is one lakh and above 15. The population of each Area may be between one to two thousands. There would be Area Sabha for each such Area with all electors within the jurisdiction of the Area 16. It is provided in the Act that the conduct of business at the meetings of Area Sabha would be prescribed in the Rules to be made by government separately Representatives of Area Sabha and their qualifications Instead of elections or nomination by government or government agencies, a representative for each Area to be known as Area Sabha Representative would be nominated by the Corporation/Council 18 / 13 Section 8A (8) of GHMC Act, 1955 and 5B (8) of APM Act, Section 8 B (1) of GHMC Act, Section 5 C (1) of APM Act, Section 8B (2) of GHMC Act, 1955 and 5 C (2) of APM Act, Section 8B (7) of GHMC Act, 1955 and 5 C (7) of APM Act, Section 8B (2) of GHMC Act, 1955 and 5 C (2) of APM Act,

14 The Area Sabha Representative would be nominated from among the members of civil society and an elector in the area. The qualifications and disqualifications would be similar to those of the members of the Corporation or the Council and the term of the Area Sabha Representative would be coterminous with that of the Corporation or the Council as in the case of member of Ward Committee Functions of Area Sabha It is obvious in view of various limitations referred above that the capacities of Area and Area Sabha may be low. Having regard to its managerial, technical, financial and organizational capacity, the Area Sabha is entrusted with the following functions Generate proposals and determine priority of schemes and forward the same to Ward Committee for inclusion in Ward Development Plan. - Identify the most eligible persons for beneficiary oriented schemes on the basis of criteria fixed by government and forward the list to Ward Committee. - Verify eligibility of persons getting various kinds of welfare assistance from government like pensions, subsidies etc. - Identify deficiencies in water supply, street lighting, sanitation etc. and suggest remedial measures to Ward Committee. - Suggest location of street lights, public taps, public toilets etc. to Ward Committee. - Assist in social and public interest activities like cleanliness, environment and anti-pollution etc. - Undertake and support tax mapping Rights of Area Sabha The Area Sabha has been provided with certain rights also in the Act. 21 They are - Get information from officials concerned as to services they render; and the works proposed in the area. - Get information of the decisions taken by Ward Committee concerning the area. - Get information by the Ward Committee of the follow up action taken on the decisions concerning the area. 19 Section 8B (2) (3) and (4) of GHMC Act, 1955 and 5 C (2) (3) and (4) of APM Act, Section 8B (5) of GHMC Act, 1955 and 5 C (5) of APM Act, Section 8B (6) of GHMC Act, 1955 and 5 C (6) of APM Act,

15 3.12 Constitution of Ward Sabha As discussed in the earlier chapters, Municipal Corporations do not have Ward Sabhas, since population of each ward is sufficiently large. As regards municipalities, Ward Sabhas are contemplated in those municipalities where population is less than one lakh. 22 All electors in the ward are members of the Ward Sabha and the ward member of the municipality would convene the Ward Sabha. The business of the meetings of Ward Sabha would be conducted in the manner prescribed in the Rules to be made by government separately Functions of Ward Sabha The Ward Sabha would perform the following functions - Generate proposals and determine priority of schemes and development programmes in respect of the ward and forward the same to Ward Committee for inclusion in Ward Development Plan. - Identify most eligible persons to beneficiary-oriented schemes on the basis of criteria fixed by government and prepare list of beneficiaries in the order of priority and forward the same to the Ward Committee. - Verify the eligibility of persons getting various kinds of welfare assistance from government like pensions and subsidies. - Identify deficiencies in water supply, street lighting and sanitation and suggest remedial measures to Ward Committee. - Suggest location of street lights, public taps, and public convenience to the Ward Committee. - Cooperate with Ward Committee in provision of sanitation arrangement in the ward. - Inculcate awareness programmes on matters of public interest such as cleanliness, environment, and anti-pollution etc Rights of Ward Sabha The Ward Sabha has certain rights and they are - Get information from the officers concerned as to the services they render and works proposed to be executed in the ward. - Get information on the decisions taken by the Ward Committee in respect of the ward. 22 Section 5 D (1) of APM c Act,

16 - Get information from Ward Committee of the follow-up action taken on the decisions concerning the ward Effective date of the provisions of the Act Even though the Act got the assent of the Governor on , the above provisions came into effect from Rules made under the Acts The Act passed by the Legislature provides policy direction and details of implementation of various provisions of the Act would be prescribed through Rules made by the Executive, ie., Government. The Act through a specific provision empowers the Executive to issue rules. Section 585 of GHMC Act, 1955 and Section 326 of APM Act, 1965 empowers the Executive (Government) to issue rules under various provisions of the respective Acts. Accordingly, the following rules were issued 1. The Grater Hyderabad Municipal Corporation (Constitution, Conduct of Meetings, Powers and Functions of Ward Committees and Area Sabhas) Rules, The Andhra Pradesh Municipalities (Constitution, Conduct of Meetings, Powers and Functions of Ward Committees, Area Sabhas and Ward Sabhas) Rules, Before issue of rules, there were intense consultations. Government have consulted active NGOs, Resident Welfare Associations and civil society organizations. 5.1 The Grater Hyderabad Municipal Corporation (Constitution, Conduct of Meetings, Powers and Functions of Ward Committees and Area Sabhas) Rules, 2010 These rules deal with details of provisions relating to Ward Committees, Area Sabhas and Area Sabha Representatives. Since Ward Sabhas are not contemplated for Municipal Corporations, nothing is mentioned about Ward Sabhas in the Rules. 23 GO Ms. No. 48 MA dated GO Ms. No.57 MA dated GO Ms. No. 58 MA dated

17 5.2 Ward Committee - Constitution of Ward Committee. - Persons eligible for nomination as members of Ward Committee. - Procedure for nomination as members. - Secretary of Ward Committee. - Meetings of Ward Committee. - Functions of Ward Committee. - Rights of Ward Committee. - Powers of Ward Committee. - Ward Development Plan. - Annual Report. 5.3 Area Sabha - Constitution of Area Sabha. 5.4 Area Sabha Representative - Procedure for nomination of Area Sabha Representative by Corporation. - Functions of Area Sabha. - Rights of Area Sabha. - Responsibility of Area Sabha Representative. - Meetings of Area Sabha. Let us now discuss various provisions of the Rules. 5.5 Constitution of Ward Committee Each ward in the Municipal Corporation would have Ward Committee. It is chaired by the member of the Corporation representing the ward. Besides the ward member, the Ward Committee consists not less than 4 and not more than 10 persons representing the civil society and all Area Sabha Representatives in the ward. Fifty percent of the members have to be women. 17

18 5.6 Persons eligible for nomination as members of Ward Committee Different groups of civil society have been identified and they include - President/Secretary representing registered Residents Welfare Associations in the ward. - Member of registered Tax Payers Association /Rate Payers Association. - President/Secretary of slum level federation of a slum. If there are no slums in the ward, representative of self-help group in the ward. - Member of registered Association/Institution/NGO/Mahila Mandal/Trade Union/Chamber of Commerce/Medical Council. - Any other prominent citizen in the ward. Depending on the size of the Ward Committee (between 4 and 10), number of persons representing different groups has also been prescribed in the Rules. Another important requirement is that the persons to be nominated must necessarily be the electors of the ward concerned. The qualifications and disqualifications prescribed for ward members are applicable to the members of Ward Committee. The term of Ward Committee is co-terminus with that of the Corporation. 5.7 Procedure for nomination as members After formal notification by government to constitute Ward Committees in the Corporation, Commissioner of the Corporation issues a notification calling applications from eligible persons for nomination as members of Ward Committees. The notification contains the eligibility criteria and 15 days time would be given to receive applications. After receipt of applications, they would be scrutinized and list of eligible persons would be prepared. The list would be placed before the Corporation, since Corporation is empowered to nominate the members. If there are more number of eligible applicants than the number of persons to be nominated, Corporation would nominate the required number of persons by voice vote. If the number is less or if there are no applicants, fresh applications would be invited. After completion of the process of nominations, the Commissioner issues proceedings indicating the names of persons nominated to the Ward Committee and also a formal notification constituting the Ward Committee. 18

19 5.8 Secretary of Ward Committee After constitution of Ward Committees, Commissioner would identify an officer of the Corporation to be the Secretary. Each Ward Committee would have one Secretary. The Secretary assists the Ward Committee in its functioning. He is responsible for the meetings of the Ward Committee and Area Sabhas in the respective ward. 5.9 Meetings of Ward Committee A detailed procedure for holding meetings of Ward Committee is specified in the Rules. First meeting of the Committee would be convened on a date fixed by Commissioner and subsequent meetings would be convened on the dates fixed by Chairperson of the Ward Committee. The meetings would be convened atleast once in two months. An office would be provided to each Ward Committee; and the meetings and other transactions would take place in the office. A meeting notice indicating the day and time together with meeting agenda with three clear days notice has to be sent to all members. The meeting notice would be given by the Chairperson. The agenda of the meeting would be prepared by the Secretary in consultation with the Chairperson. All meetings of the Ward Committee are open to public. The Secretary and ward level officers of the Corporation have to attend the meetings of Ward Committee. The quorum for the meeting is one-half of the members. All questions in the meeting would be decided by majority of votes of the members present at the meeting. The minutes of proceedings at the meeting have to be drawn up in a book called Minutes Book and it should be signed by the Chairperson. The minutes book is open for inspection by any tax payer of the ward without charges. Copy of minutes have to be sent to Commissioner for information and record; and Secretary of Ward Committee is the custodian of the records Functions of Ward Committee Even though the Act specified the functions, they have been elaborated in the Rules. The functions of the Ward Committee include - Supervision over (i) sanitation, (ii) drainage maintenance (iii) water supply distribution (iv) street lights functioning ((v) minor road repairs (vi) markets maintenance (vii) parks and play grounds maintenance and (viii) implementation of poverty alleviation programmes. - Monitoring the functioning of schools, dispensaries, health centres if they are under the control of the Corporation. - Facilitation of collection of taxes and non-taxes. - Preparation of list of beneficiaries as per the guidelines under beneficiaryoriented programmes, pensions and subsidies. 19

20 - Preparation of ward development plan. - Map ward infrastructure index. - Preparation of inventory of municipal assets. - Assistance in implementation of government programmes. - Motivate and encourage people for construction of individual toilets. - Involve slum level federation in maintenance of sanitation and water supply. - Associate with activities concerning social, literacy, health care and welfare; and assist concerned departments of government in improving service delivery Rights of Ward Committee Rights of the Ward Committee are specified in the Act. However, they have been further elaborated in the Rules. The rights include - Seek information from Commissioner regarding any matter relating to the ward. - Obtain information regarding master plan and zonal development plan of the Corporation. - Obtain municipal budget. - Consulted in development of land use and zonal development regulations within the ward. - Obtain details of revenue items relating to the ward. - Obtain cooperation from Commissioner and other officers of Corporation Powers of Ward Committee The Act and the Rules have empowered Ward Committees to exercise financial powers as well as inspecting powers. The Corporation would allocate twenty percent of the amount earmarked in the annual budget for maintenance works, viz., sanitation, drainage, water supply, roads, street lighting, parks and markets etc. to all Ward Committees. The allocation of funds would be on quarterly basis. The Ward Committee would identify the works to be taken up with these funds and forward the list to the Commissioner. The Commissioner would sanction and execute the works. The Ward Committee is competent to inspect the maintenance works sanctioned by it and review the progress of execution. If Ward Committee observes any work as substandard, the concerned officer has to insect the work within a week, take up rectification and send action taken report to the next meeting of the Ward Committee. 20

21 5.13 Ward Development Plan After approval of budget by the Corporation, the Commissioner informs the Ward Committee about the allotment of funds and based on the information, the Ward Committee prepares a Ward Development Plan giving due priority to water supply, solid waste management and sewerage/drainage. After its approval in the Ward Committee, it would be sent to the Commissioner, who incorporates it in the Annual Development Plan of the Corporation Annual Report The Ward Committee has to prepare an Annual Report on the activities performed by it by the end of June of every year Area Sabha - Constitution Each ward in the Corporation would be divided into areas on the basis of population. While division of ward into areas, natural boundaries, geographical contiguity and existing polling booths would be taken into consideration. Certain criteria has been prescribed in the rules for division of wards into areas. No. Population of Corporation Population of area (with 10% variation) 1 Upto 5 lakhs One area for every 2,000 2 Above 5 lakhs and upto 10 lakhs One area for every 3,000 3 Above 10 lakhs One area for every 5,000 The Area Sabha consists all electors within the jurisdiction of the area and Area Sabhs would be formally constituted within 3 months after Ward Committees are constituted. 21

22 5.16 Area Sabha Representative - Procedure for nomination Area Sabha Representative is nominated by the Corporation as in the case of member of Ward Committee. The qualification and disqualification prescribed for election of ward member applies in this case also. The term of Area Sabha is coterminus with that of the Corporation. Persons representing civil society and electors of the concerned area are eligible for nomination. The civil society groups have been identified in the rules and they include - President/Secretary representing registered Resident Welfare Association. - Member of registered Tax Payers Association/Rate Payers Association. - President/Secretary of Slum Level Federation of a slum. If there are no slums in the area, a representative of Self Help Group. - Member of registered Association/ Institution/ NGO/ Mahila Mandal / Trade Union/ Chamber of Commerce/ Medical Council. After Ward Committees are constituted, the Secretary of Ward Committee issues a notification calling for applications for nomination as Area Sabha Representatives. The eligibility criteria would be notified and 15 days time would be given for making applications. The applications received would be scruitinised and list of eligible applicants would be prepared. The list would be placed before the Corporation for nomination of Area Sabha Representatives. In case there are more number of eligible applicants than the number of persons to be nominated, the Corporation would nominate required number of persons by voice vote. If the number is less, fresh applications would be invited. After nomination of Area Sabha Representatives by the Corporation, Commissioner would issue formal proceedings indicating the names of persons nominated as Area Sabha Representatives Functions of Area Sabha The Area Sabha is entrusted with the following functions. - Generate proposals and determine the priority of developmental programmes to be implemented in the area and forward to Ward Committee. - Identify eligible persons for beneficiary-oriented schemes as per the guidelines of government, prepare the list in the order of priority and forward to Ward Committee. 22

23 - Verify eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies and send a report to Ward Committee. - Identify deficiencies in sanitation, water supply, street lighting and suggest remedial measures to Ward Committee. - Suggest location of street lights, public taps, and public conveniences to Ward Committee Rights of Area Sabha The rights of Area Sabha are - Concerned officials of Corporation have to furnish information regarding services they render and the list of works proposed to be taken up in the area within next three months. - Secretary of Ward Committee to furnish a copy of minutes of Ward Committee pertaining to the area to the Area Sabha Representative. - Secretary of Ward Committee to inform the follow-up action taken on the decisions concerning the area to the Area Sabha Representative Responsibility of Area Sabha Representative The Area Sabha Representative has to - Cooperate with Ward Committee in provision of sanitary arrangements in the area. - Arrange awareness campaign in the area on the importance of cleanliness, environment issues and anti-pollution aspects Meetings of Area Sabha This is very crucial in Corporation. There are no Ward Sabhas and the actual meeting point of the community as such in municipal governance is the Area Sabha. Area Sabha meets once in three months. The day, time and place would be fixed by Area Sabha Representative and the Secretary of Ward Committee would inform about the meeting to all electors in the area. No formal media is prescribed in the Rules. The Secretary may inform the electors through mike system on an auto rickshaw or a motor vehicle. The agenda for the meeting would be prepared by Secretary of Ward Committee in consultation with the Area Sabha Representative. 23

24 During Area Sabha, there should be present atleast fifty electors. The Secretary would read the agenda and discussions take place. After necessary discussions, the Area Sabha would pass a resolution in respect of the agenda item and the resolutions would be recorded in minutes book and the minutes book would be signed by the Areas Sabha Representative. A copy of the minutes would be sent to Ward Committee. The Secretary of the Ward Committee would be the custodian of the records. 6.1 The Andhra Pradesh Municipalities (Constitution, Conduct of Meetings, Powers and Functions of Ward Committees, Area Sabhas and Ward Sabhas) rules, 2010 These rules are applicable to municipalities and nagar panchayats in the State. These rules are almost similar to the Municipal Corporation Rules referred in the earlier chapter, but it contain additional provisions relating to Ward Sabhas. 6.2 Ward Committee - Constitution of Ward Committee. - Persons eligible for nomination as members of Ward Committee. - Procedure for nomination. - Secretary of Ward Committee. - Meetings of Ward Committee. - Functions of Ward Committee. - Rights of Ward Committee. - Powers of Ward Committee. - Ward Development Plan. - Annual Report. 6.3 Area Sabha - Constitution of Area Sabha. - Area Sabha Representative. - Procedure for nomination of Area Sabha Representative. - Functions of Area Sabha. - Rights of Area Sabha. - Meetings of Area Sabha. 24

25 6.4 Ward Sabha - Constitution of Ward Sabha. - Functions of Ward Sabha. - Rights of Ward Sabha. - Meetings of Ward Sabha. Let us now discuss various provisions of the Rules. 6.5 Constitution of Ward Committee The provisions are by and large similar to those for the Municipal Corporations. 6.6 Persons eligible for nomination as members of Ward Committee Instead of different numbers for various groups of civil society eligible for nomination as members in the Ward Committee, minimum of one person is prescribed for different groups. 6.7 Procedure for nomination as members The provisions are by and large similar to those for the Municipal Corporations. 6.8 Secretary of Ward Committee The provisions are by and large similar to those for the Municipal Corporations. 6.9 Meetings of Ward Committee The provisions are by and large similar to those for the Municipal Corporations Functions, Rights and Powers of Ward Committee The provisions are by and large similar to those for the Municipal Corporations Ward Development Plan The provisions are by and large similar to those for the Municipal Corporations Annual Report The provisions are by and large similar to those for the Municipal Corporations. 25

26 6.13 Area Sabha - Constitution of Area Sabha As regards Area Sabha, there is some variation when compared to Municipal Corporation. In the Municipal Corporation, all wards have areas, whereas in the municipalities, areas would be constituted when its population is one lakh and above. Secondly, in respect of Municipal Corporations, different population criteria has been adopted in dividing the ward into areas. But in the municipalities, each area consists 1,500 population with 10% variation Procedure for nomination of Area Sabha Representative The provisions are by and large similar to those for the Municipal Corporations Functions and Rights of Area Sabha The provisions are by and large similar to those for the Municipal Corporations Responsibility of Area Sabha Representative The provisions are by and large similar to those for the Municipal Corporations Meetings of Area Sabha The provisions are by and large similar to those for the Municipal Corporations Ward Sabha - Constitution of Ward Sabha In a municipality, Ward Sabhas are constituted in different wards, if the population of the municipality is less than one lakh. The Ward Sabhas would be constituted after the constitution of Ward Committees. When there is Ward Sabha, there would be no Area Sabhas. In such of the municipalities, which have Ward Sabha, the Ward Sabha would the forum where the citizens would participate in municipal governance. All electors in the ward would be members in the Ward Sabha and the ward member would be the Convenor of Ward Sabha Functions of Ward Sabha Ward Sabha is entrusted with the following functions. - Generate proposals and determine the priority of developmental programmes to be implemented in the ward and forward to Ward Committee. 26

27 - Identify the eligible persons persons for beneficiary-oriented schemes as per the guidelines of government, prepare the list in the order of priority and forward to Ward Committee. - Verify eligibility of persons getting various kinds of welfare assistance from government such as pensions and subsidies and send a report to Ward Committee. - Identify deficiencies in sanitation, water supply, street lighting and suggest remedial measures to Ward Committee. - Suggest location of street lights, public taps, public conveniences to Ward Committee. - Cooperate with Ward Committee in the provision of sanitary arrangements in the ward. - Impart awareness on matters of public interest such as cleanliness, environment, anti-pollution etc Rights of Ward Sabha The Ward Sabha has the following rights. - Get information from the officials concerned regarding services they render and list of works proposed to be taken up within next three months in the ward. - Get informed of the decision taken by Ward Committee. - Get informed of the follow-up action taken by Ward Committee Meetings of Ward Sabha This is very crucial in municipalities which have Ward Sabhas. The actual meeting point of the community as such in the municipal governance is the Ward Sabha. Ward Sabha meets once in three months. The day, time and place would be fixed by ward member and the Commissioner of the municipality would inform all electors in the ward about the meeting. No formal media is prescribed for communicating the information in the Rules. The Commissioner may inform the electors through mike system on an auto rickshaw or a motor vehicle. The agenda for the meeting would be prepared by Secretary of Ward Committee in consultation with the member of the ward. During Ward Sabha, there should be present atleast fifty electors. The Secretary would read the agenda and discussions take place. After necessary discussions, the 27

28 Ward Sabha would pass a resolution in respect of the agenda items and the resolutions would be recorded in minutes book and the minutes book would be signed by the ward member. A copy of the minutes would be sent to Ward Committee. The Secretary of the Ward Committee would be the custodian of the records. 7.1 Operation of the Act in Andhra Pradesh The GHMC Act and the Rules made under the Act are in operation in Andhra Pradesh. Though the State has 124 municipalities, elected bodies are existing currently in 7-8 municipalities including GHMC. Elections could not be held in other municipalities after the term of elected bodies expired recently, since Government is contemplating some changes in the municipal system. Special Officers were appointed in these bodies to exercise the powers, perform the functions and discharge the duties of the Corporation / Councils/ and Mayor / Chairperson. 7.2 Community participation law in GHMC Therefore the community participation law has been introduced in GHMC in terms of the latest provisions of the Act and the Rules. GHMC has 150 wards and elections to GHMC were held in November, Ward Committees have been constituted in all 150 wards. Depending on the population of the ward, each Ward Committee had 8-10 ward committee members. The Corporations do not have Ward Sabhas. Therefore, depending on the population of the ward, the ward has been divided into Areas and each ward has 8-10 areas and equal number of Area Sabha Representatives. After formal constitution of Ward Committees and Area Sabhas, the Corporation has invited applications for nomination as ward committee members as well as Area Sabha Representatives. After following the procedure as provided in the Rules, the Corporation has nominated ward committee members in respect of 150 wards and Area Sabha Representatives in all 150 wards. The Commissioner has appointed Secretaries to each of the 150 wards. They are all officers of the Corporation. The meetings of Ward Committees are being organized periodically and Area Sabha meetings are also being held. It is necessary to make a study of the working as well as effectiveness of the system in GHMC. 28