1
Nagar Palika Baharaich Vision Document
Prepared By Executive Officer Nagar Palika Baharaich Baharaich District Uttar Pradesh
1
2
Introduction Nagar Palika Baharaich Vision 2020: The key features of a Clean and Green smart Nagar Palika Baharaich City is in the intersect between competitiveness, Capital and Sustainability. By 2020 we will be able to provide good infrastructure such as water, sanitation, reliable utility services, health care; attract investments; transparent processes that make it easy to run a commercial activities; simple and on line processes for obtaining approvals, and various citizen centric services to make citizens feel safe and happy. We need to take care of the problem. Improvement of urban infrastructure, sanitation, water, integrated sewage water and waste disposal system should be developed. These should be should be Mantras of the Department,” Our Vision and Mission:
● For sanitation and sewerage work Nagar Palika is distributed into 16 sector covering approx 13.30 Sq.km our aim is to cover 100% city area by sewerage system with treatment facilities. ● Low cost sanitation methods have to be used. ● Public sewers with partial coverage by septic tanks. ● At present daily 65 metric ton garbage is collected and 64 metric ton is disposed by 2020 all the solid waste generated will be collected and disposed. ● 100% collection of generated waste, with its proper disposal. ● Hazardous wastes such as hospital wastes must be incinerated in all cases. ● Sanitary land fill method of disposal has to adopt. ● Approximately 20 acad Land is needed for Solid Waste Management in Nagar Palika Baharaich; letter is dispatched to the Director of CMDS Jal Nigam Gonda for the Preparation of DPR. ● Collection of garbage from door to door as per the city station plan. ● To ensure that each new birth is registered within 21 days and receives the birth certificates. ● Accounting Reforms as Engines of Good Governance ● Urban Renewal i.e. redevelopment of inner (old) city areas [this would include items like widening of narrow streets, shifting of industrial/commercial establishments from nonconforming (innercity) to `conforming’ (outercity) areas to reduce congestion, replacement of old and wornout water pipes by new/higher capacity ones, renewal of sewerage/drainage/solid waste disposal systems, etc. ● Water Supply (including desalination plants) and sanitation ● Sewerage and Solid Waste Management
2
3
● ● ● ●
Construction and improvement of drains/storm water drains Construction/Up gradation of roads. Development of heritage areas Prevention & rehabilitation of soil erosion/landslides only in case of Special Category States where such problems are common and ● Preservation of water bodies. ● Installation of auto timer Electric meter under Street Light Management Program at important places of Nagar Palika Baharaich city. ● Installation of High mast light in 30 meter pole at different places of city like Ghantaghar ,Chawani, Digiha ,District Hospital ,Pani tanki ,Nusi Clinic dargah Sarif ,degree college ,gullavir Gowalaghat etc. NAGAR PALIKA BAHARAICH MANDATORY REFORMS: Core reforms aim at process reengineering through deployment of technology to enable more efficient, reliable, timely services in a transparent manner. ● Adoption of modern, accrualbased double entry system of accounting in Urban Local Bodies. ● Introduction of system of egovernance using IT applications like, GIS and MIS for various services provided by ULBs. ● Reform of property tax with GIS, so that it becomes major source of revenue and arrangements for its effective implementation so that collection efficiency reaches at least 85% within next seven years. ● Levy of reasonable user charges by ULB with the objective that full cost of operation and maintenance or recurring cost is collected within next seven years. These cities/towns should graduate to full O&M cost recovery in a phased manner. ● Internal earmarking within local body, budgets for basic services to the urban poor. ● Provision of basic services to urban poor including security of tenure at affordable prices, improved housing, water supply, sanitation and ensuing delivery of other already existing universal services of the Government for education, health and social security. EXPECTED OUTCOMES: On completion of the Scheme period of seven years, it is expected that Nagar Paika Baharaich will achieve the following outcomes: ● Modern and transparent budgeting, accounting, financial management systems, designed and adopted for all urban services and governance functions. ● Citywide framework for planning and governance will be established and become operational ● All urban residents will be able to obtain access to a basic level of urban services ● Financially selfsustaining agencies for urban governance and service delivery will be established, through reforms to major revenue instruments
3
4
● Local services and governance will be conducted in a manner that is transparent and accountable to citizens ● EGovernance applications will be introduced in core functions of ULBs/parastatals resulting in reduced cost and time of service delivery processes.
Key Steps proposed (across the sectors): In reference to the visioning process under key 7 sectors, the following activity would be instrumental to achieve the desired outcome under each sector: • Improved and desegregated situation analysis & its use in decision making • Strengthening use of ICT (Information Communication Technology) • Strengthening and institutionalizing decentralized planning processes • Promoting result based planning and management • Improve resource’s mobilization and utilization • Identifying clear activity of convergence • Capacity building as per the requirements • System strengthening measures • Strong IEC measures/ initiatives across different key sectors • Knowledge building & dissemination measures • Strengthened concurrent monitoring and evaluation processes • Promotion of local partnership Water Supply: Present status of Citizen drinking water facility in nagar palika: Tubewell 22 Over Head Tank 09 Working Over Head Tank 07 India11 mark Hand pump 873 Vision 2020: ● 100% population to be covered ● Piped water supply with sewerage: 150* lpcd ● Piped water supply without sewerage: 70* lpcd ● 40 lpcdwith spot sources/ stand posts (* Including wastage of water –roughly 20%). ● As per current need Construction of 10 new tube well and Pouring 5,000 meter pipeline. 4
5
Health: The vision of the sector is to improve the availability of, and access to quality health care by people, especially for those residing in rural areas, the poor, women and children. The Nagar Palika will also improve on the public health issues, by effective management of nutrition, safe drinking water and sanitation. The vision of the sector is, to ensure that each of the citizens is enjoying his/her basic right as a human being, with adequate development and growth opportunity, and ultimately contributing to a healthy society. Infrastructure: The vision of the sector is to develop sufficient infrastructure , so that that each citizen receives the basic quality services, from various institutions and through new developmental works. • Covering of the remaining public institutions to have their own building • To ensure the proper drinking water arrangement in all urban wards • To ensure proper drainage and waste disposal mechanism in the urban areas • Covering the infrastructural gaps of the various sectors Energy: Promotion of the non conventional energy sources and ensuring more demand and coverage for the solar panels . Promotion for more bio gas plant for the eligible & interested household and reduce the burden on the forests for fuel wood. Our Essentially Municipal Functions
● Urban planning including town planning
● Regulation of landuse and construction of buildings. ● Planning for economic and social development ● Roads and bridges
● Water supply domestic, Industrial and commercial purposes
● Public health, sanitation, conservancy and solid waste management ● Fire services ● Urban forestry ● Preventive Health Care
5
6
● Provision of urban amenities and facilities such as parks, gardens, playgrounds
● Burials and burial grounds, cremations, cremation ghats/grounds and electric crematoria ● Cattle pounds, prevention of cruelty to animals
● Vital statistics including registration of births and deaths
● Street lighting ● Parking lots, bus stops and public conveniences
● Regulation of slaughter houses and tanneries ● Slum improvement and up gradation ● Protection of the environment and promotion of ecological aspects ● Safeguarding the interests of weaker sections of society, including the handicapped and the mentally retarded ● Urban poverty alleviation
● Promotion of cultural, education and aesthetic aspects ● Primary Education
● Primary Health Care Our Responsibilities:
The municipal bodies of India are vested with a long list of functions delegated to them by the state governments under the municipal legislation. These functions broadly relate to public health, welfare, regulatory functions, public safety, public infrastructure works, and development activities. Public health includes Water supply, Sewerage and Sanitation, eradication of communicable diseases etc.; welfare includes public facilities such as Education, recreation, etc.; regulatory functions related to prescribing and enforcing Building regulations, encroachments on public land, Birth registration and Death certificate, etc.; public safety includes Fire protection, Street lighting, etc.; public works measures such as construction and maintenance of inner city roads, etc.; and development functions related to Town planning and development of commercial markets. In addition to the legally assigned functions, the sectoral departments of the state government often assign unilaterally, and on an agency basis, various functions such as Family planning, Nutrition and slum improvement, disease and Epidemic control, etc. 6
7
Objectives Under Comprehensive Plan, a vision has to be prepared through a participative process starting from the grassroots to perceive the status of department in terms of overall holistic development over the next 510 years. The vision would be primarily articulated in terms of goals and outcomes and would address basically three aspects of development, namely, 1. Human development 2. Infrastructure development 3. Development in the productive sector The idea is that the envisioning process, being participative, would build a spirit of teamwork and hopefully break down the department wise planning process that is dominant till date. About 15% of the total population of the state resides in urban areas, which grows fast due to industrialisation.To keep pace with the growing demands of the people and for ensuring proper and planned growth of towns with necessary infrastructure and basic civic amenities the department has been taking effective steps for efficient management and supply of basic urban services like provision of safe drinking water, sanitation, roads, drainage, sewerage, lighting etc. Accounting Reforms as Engines of Good Governance: An integral part of the new expectations of governance is for Public Information – without which there cannot be meaningful participation or shared decisionmaking. The modern citizen expects a fair account of how the government is faring in its job in much the same way as investors in a company expect fair accounts of the company’s financial position and performance. Transparent accounting and financial reporting is central to the fulfillment of new age governance. The introduction of acceptable accounting practices and disclosure norms are not just technical practices but the foundations for the integrity and maturity of the government. For instance, municipal bodies in India today are facing an unprecedented growth in the demand for urban infrastructure and civic services. Municipal accounting systems would therefore need to reflect not only financial transactions but also the ‘financial performance’ of the municipal governments, which includes its ability to achieve its developmental goals, meet its programme targets, its efficiency in the use of resources, its financial position including income, assets and liabilities as well as its foresight in dealing with the developmental and financial challenges of governing the city. The broad objectives behind the preparation of vision document are: i) ii) iii) iv)
To generate a common perspective, among diverse stakeholders, for the holistic development of the district. To work out a strategy for the optimal and balanced utilization of natural resources. To envisage and incorporate the role of women and marginalized in the mainstream development. To help and motivate people of the district in preparing more realistic, objective oriented and executable five year and annual plans.
7
8
An Overview of Nagar Palika Baharaich Nagar Palika Bahraich was established in the year 01/09/1984 and Promoted as a 1st class from 2nd class in the year 1966 by government of Uttar Pradesh. The population of city is 1,87,188. Bahraich is situated in North eastern part of Devipatan Division. It is situated between the 28.24 & 27.4 latitude & 81.65 to 81.3 eastern longitude. According to ceusus of 1991 the area of distt. is 4696.8 sq km. which is 31.99% of the Devipatan Division. District Bahraich has a international border with Nepal on the Northern part. Distt. Barabanki & Sitapur are in South , Khiri in West and Gonda & Srawasti are in eastern side of the district Bahraich. Northern part of the district is Tarai region which is covered by the dense natural forest. Chakia , Sujauli , Nishangara , Mihinpurwa , Bichia & Baghauli are the main forest areas of the district. Sarju & Ghaghra are the major rivers of the district. Who We Are: We are an institution of Local Governance called “Urban Local Body” (ULB) . There are various categories of ULBs in Uttar Pradesh and we are classified as a “Nagar Palika ” type of ULB. We are constituted as per the Constitutional provisions in the Constitution of India . The 74 th Amendment promulgated by the Parliament in the year 1992 has provided the framework for our existence. The Uttar Pradesh Government has introduced the necessary changes in the Acts governing the Urban Local. Who Governs Us Being an institution of Local Government we have a distinct difference between the two wings Legislature and Executive Our Legislature is a governing Body. This Governing Body which is elected by the citizens living within the geographical area of ours. The geographical area has been carved out into –
8
9
electoral wards . Each ward elects a representative to be sent to the Governing Body. The other members of the Governing Body are : MLA MP Municipal Commissioner District Magistrate The elections for the governing body is conducted by the State Election Commission. Any person with more than 18 years is eligible to vote in the elections (certain restrictions do apply. For details please contact the State Election Commission which has its office at Lucknow , Uttar Pradesh). The governing body works within the constitutional framework and the acts made by the Uttar Pradesh Government. The Executive Wing is headed by the Municipal Commissioner . The Municipal Commissioner is most often a state government officer belonging to the PCS (Provincial Civil Services) cadre and is treated as being on deputation from the state government to us (the ULB). He brings the administrative experience require to execute the day to day works and functioning of the ULB. He is ably assisted by a team of officials belonging to the ULB with a longer tenure at the ULB. What We Do: We do a lot of things to make life a better experience in the geographical area specified for us by the state government. Some of our works are : Creation of Street Light Network and ensuring proper street lighting in the nights Setting up of a State Finance Commission Creation of Water Supply Network, maintaining it and ensuring sufficient quantity of water is available for the citizens Creation of Road network and its maintenance Provision of other Civic services like: (1) Birth And Death Registration and issue of necessary certificates (2) Horticulture Development in our area (3) Parks Development and Maintenance Human Resource:
9
10
Nagar Palika requires substantial human resources to discharge its duties effectively. The various ways through which the work of Nagar Palika is taken up are: ● The Nagar Palika utilizes either its own human resources for its works The employees working in Nagr Palika are either from the cadre related to Deptt. of urban Development or they can come on deputation from other departments to the Nagar Palika. ● Employees posted in the Nagar Palika and belonging to the cadre related to Deptt. of urban Development ● Employees on Deputation from other departments (belonging to their own cadre) : For example the Nagar Swasthya Adhikari is on deputation from the Deptt. Of Medical Health.The Municipal Commissioner often belongs to the PCS (Provincial Civil Services) cadre and is treated as on deputation to the Nagar Palika. Cadre related to Deptt. of Urban Development relevant to the Nagar Palika : The employees working in the Nagar Palika comes from two cadre : ● Uttar Pradesh Palika Centralised Services Cadre ● Uttar Pradesh Palika NonCentralised Services Cadre Uttar Pradesh Palika Centralised Services Cadre : This a transferable cadre. The employees belonging to this cadre are governed by the Uttar Pradesh Centralised Services Rules, 1966. The services of this cadre are pensionable. Uttar Pradesh Palika NonCentralised Services Cadre : It outsources the entire work. The Nagar Palika has started to outsource many of the services to third parties. This is essential in today's market driven economy where the more efficient and specialized organisations should be provided with the work wherever required while letting the main organization concentrate on its core strategy and objectives. The outsourcing of large amount of Information Technology and Information technology Enabled Services to India from many organisations belonging to other countries (specially US, UK , Canada , Europe ) reflect this trend. Funds: The Nagar Palika requires substantial funds to discharge its duties effectively. Worldover the local bodies are provided portions of tax revenue from the state government (of the state in which they are located) and central government of the country. This is done to provide sufficient
10
11
funds for enabling the local body maintain quality civic infrastructure and civic services for the benefit of citizens living in urban areas. In India there is an elaborate mechanism to provide the funds to the Urban Local Bodies. The 74 th constitutional amendment has provided the constitutional basis for Urban Local SelfGovernment and has also specifies the revenue sorces for the Urban local Bodies (ULBs) The various funding sources for the Nagar can be classified as : 1. Revenues Tax revenues I.
Property Tax
II.
Sewerage Tax
III.
Conservancy Tax
IV.
Water Tax
NonTax revenues I.
Trade Licenses
II.
BirthDeath registration and Certificates Issue
III.
Community Bookings of the ULB properties
IV.
Lease and Rent of ULB Properties
V.
Water Charges
2.
Part Stamp Duty Collections : Whenever a property is transferred from one owner to
another the transfer of ownership is to be registered at the Stamp And registration Department's Office.Stamp Duty has to be paid for every Property Transfer. The state government has made available % of stamp duty for all property transfers occurring in the geographical area of the Urban Local Body. This fund is released by the District magistrate to the ULB. 3.
Central Finance Commission Recommendation based The Central Finance Commission
is constituted every five years for deciding primarily on the division of revenues between the Central Government and the states in India . The Central Finance Commision also provides the recommendations on the funds to be released out of the revenues of the Central Government to the Urban Local Bodies. As of now the funds are first disbursed to the state government and then
11
12
Department Of Urban Development through the Directorate Of Local Bodies releases the funds to the Urban Local Bodies. The current Finance Commission is the Twelfth Finance Commission. It is headed by Dr. C. Rangrajan who is the Chairman of the commission. The Commission has its office in New Delhi (at Jawahar Vyapar Bhawan, Tolstoy Marg, new Delhi) 4.
State Finance Commission Recommendation based The State Finance Commission is
constituted every five years for deciding primarily on the division of revenues between the State Government and the institutions of local government like Panchayats and Urban Local Bodies. As of now the funds are disbursed by the Department Of Urban Development through the Directorate Of Local Bodies to the Urban Local Bodies. 5.
Funds from the Revolving Fund
6.
Grants ● Project Specific Grants from the Central Government ● Project Specific Grants from the State Government ● Project Specific grants from the Development Institutions like UNDP
7.
Contributions from the citizens ● Fund based ● Nonfund based eg. donation of a building
Constitutional Provisions Related to Central Finance Commissions: ARTICLE 268.
Duties levied by the Union but collected and appropriated by the States.
269.
Taxes levied and collected by the Union but assigned to the States.
270.
Taxes levied and collected by the Union and distributed between the Union and the
States. 271.
Surcharge on certain duties and taxes for purposes of the Union.
274.
Prior recommendation of President required to Bills affecting taxation in which States are
interested. 275.
Grants from the Union to certain States.
280.
Finance Commission.
12
13
281.
Recommendations of the Finance Commission.
Miscellaneous Financial Provisions: ARTICLE 282.
Expenditure defrayable by the Union or a State out of its revenues.
Constitutional Provisions Related to State Finance Commissions Article 243I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventythird Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to 1.
The principles which should govern ● The distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds; ● The determination of the taxes, duties, tolls and fees which may be assigned as, or appropriated by, the Panchayats ● The grantsinaid to the Panchayats from the Consolidated Fund of the State
2.
The measures needed to improve the financial position of the Panchayats
3.
Any other matter referred to the Finance Commission by the Governor in the interests of
sound finance of the Panchayats Article 243Y of the Constitution further provides that the Finance Commission constituted under Article 243 I shall make similar recommendation visavis municipalities. The Governor is required to cause every recommendation made by the State Finance Commission together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State Expenses
13
14
The major expenses of the ULB happen on the following : ● Street Lighting Infrastructure creation and Electricity Bills on the Street Lighting ● Roads Construction and Road maintenance ● Roads Construction and Road maintenance ● Other Construction and Maintenance eg. Buildings, Drainage, Sewerage ● Water Supply Infrastructure Creation, Its Maintenance and Water Supply ● Waste Management and Cleaning Services ● Other Citizen Services Nagar Palika Services: According to U.P. Nagar Palika Act 1959, Nagar Palika has been handed over the responsibility to avail certain public services to the citizens. As per the 74 th ammmendment, there has been a considerable increase in the responsibilities of the local bodies. Mentioned Below are some of the important services / duty undertaken by Municipalities for the citizens: 1.
Sanitation and cleaning of public streets and drains
2.
Cleaning of public toilets and urinaries
3.
Repair and maintenance of drains
4.
Emancipation of dead dogs.
5.
Measures to control spreading of contagious / infectious diseases (e.g. Spraying of
antibacterial spray using Spray Gun – basically for diseases like Malaria etc.). 6.
To remove the heaps of garbage
7.
To remove the deberis
8.
Sanitation and cleanliness of Garbage Houses
9.
Other works related to garbage disposal
10.
Cattle catching (catching rowdy animals)
11.
Dog catching (catching rowdy dogs)
12.
Disposal of dead bodies of dead cows and buffaloes
13.
Maintenance of parks.
14.
Securing the green trees in public places
14
15
15.
Release proceedings of dangerous and dried trees
Departments: ● PWD ● Public Health Department ● Tax Department ● Advertisement Department ● License Department ● Street Light Deparment Public Works Department: Listed below are the major activities carried out by Public Works Department : 1.
Contruction and repair of streets and lanes.
2.
Patch repair and filling of pits.
3.
Repair of foot path
4.
Maintenance of streets.
5.
Construction and repair of parks.
6.
Different type of construction, repairs and maintenance.
7.
Permitting road cutting and temporarily closing the pathways
8.
Construction of drains
Public Health Department Listed below are the major activities carried out by Public Health Services :– 1.
Sanitation and cleaning of public streets and drains.
2.
Cleaning of public toilets and urinaries.
3.
Emancipation of dead dogs.
4.
Selling of degraded / rotten fruits, expired drinks and adulterated food should be banned.
5.
Other works related to public health.
6.
Registering Birth and Death and issuing Birth and Death Certificate.
7.
Measures to control spreading of contagious / infectious diseases.
8.
Controlling the enterprise / professionals which are harmful for public health.
9.
Issuing licenses under Food Adulteration Impedinent Act.
15
16
10.
Issuing licenses under Byelaws.
11.
Restraining the places allotted for the disposal of dead bodies.
12.
Controlling the enterprises / enterprenuers which are harmful for the health.
13.
To remove the heaps of garbage.
14.
To remove the deberis.
15.
Sanitation and cleanliness of Garbage Houses.
16.
Sprinkling of water at public places and festivals.
17.
Other works related to garbage disposal.
18.
Supply of clean drinking water in parks and water supply for individual and commercial
purpose. 19.
Maintenance, running and repair of Jalkal Department, water supply etc. Public water
points. 20.
Repair and maintenance of drains
Tax Department Major Duties Related to Taxes and Fees: 1.
Tax Imposition / Collection
2.
Name Change
3.
Tax Recovery on Rickshaws, Tanga etc.
4.
Parking
5.
To remove the encroachments
6.
Knowledge about the taxes and fees.
7.
Transfer of property.
Advertising Department Listed Below Are Major activities Undertaken by Advertising Department : 1.
Restraining and proceedings of tax recovery on advertising screens, glow signs,
symbolical screens, posters and banners. 2.
Proceedings of tax recovery on advertisements other than the newspaper.
3.
Tax recovery on Rest Houses.
16
17
4.
As per the advertising norms booklet, tax imposition on use of sound amplifying
instruments. License Department All the works related to license and advertisement are looked after by The License Department of Nagar Palika. It is a must for all entrepreneurs whose business is confined within Nagar Palika limitations and whose business comes under the different lice heads , like Rickshaw, Trolley, four wheeler, inflammable fuel, Loudspeaker, Auto, Jeep, Mini bus, car etc, to procure the license for the same. Apart from this, as per the govt.'s order 2003, about 18 new entrepreneurs like Marriage Hall, Coaching Center, Courier Service, Cable TV Operator, Travel Agencies, Beauty Parlor, Transport agency, Tiles seller, wholesalers of Tea, Sellers of clothes and readymade Hosiery, Sellers of jewellery, Caterers, Tent House, TV and electronic goods, offset printing press, Oil Mill, Flour Mill, Daal Mill etc , must have license. As per the govt. order , 2003, Licenses are being issued free of cost (License fee is totally left) to the private rickshawwala's. The list of such license holders is then send to District Town Development Agency so as to have free life insurance. The licenses are issued even for loudspeakers to keep the city free from sound pollution and the permission to play loudspeakers is granted by District Magistrate. To follow the instructions given by the Supreme Court, a inspection programme is started by the team constituted by the workers of UP Pollution Control Board and Workers of the department. This team has the right to cease the loudspeakers, which produce a sound more than standardized 40 decival and they can also charge penalty from them. Furthermore the penalized is presented in Court and action is taken against him. License Department also looks after the advertisement related works. But as per the order passed as the result of the application no. 2547/ 2005, filed in public welfare by Anand Mohan Vs Union Bank Of India , in High Court, advertising through poster, placard, board, hoarding at chauraha, roads, tracks, junction, public places are completely banned & cases are being filed in the court against those who disobey this order.
17
18
Travelers Shed are being constructed at about 20 places by Salewale Media as per the permission given by the department for the convenience of the travelers coming to the city. These sheds relieve them from scorching heat and unbearable thirst. Street Light Department Listed Below Are Major activities Undertaken by Street Light Department : 1.
Repairing of lightening spot.
2.
To install new light spots.
3.
Arrangement of new street lights.
4.
Installing the electricity polls and stretching wires.
5.
Installing and repairing traffic signals.
6.
Lightening arrangement at different public places and public festivals.
SWOT Analysis In the present chapter SWOT analysis of department is carried out. The present analysis will provide inputs towards the formulation of the elements of department vision. Citizen's Responsibilities: ● It is the responsibility of every citizen to register birth/death as early as possible. ● It is the responsibility of every citizen to follow the rules and regulations made by the local bodies. ● It is the responsibility of every citizen to pay all taxes/dues on time. ● It is the responsibility of every citizen to enroll him/her name in voter list. ● It is the responsibility of every citizen to cast his/her vote in the election. ● It is the responsibility of every citizen to put garbage in proper place.
18
19
● It is the responsibility of every citizen to cooperate local bodies in all development projects. ● It is the responsibility of every citizen to keep his/her city clean and green. ● It is the responsibility of every citizen not to indulge himself/herself in any illegal activity.
It is the responsibility of every citizen to pay all taxes/dues on time: In Order to strengthen the economic condition of Nagar Palika of Uttar Pradesh and to make them independent, 74 th constitutional Commandment has been made and as per section9 of Nagar Vikas & order no. 1435/Nine9200063J/95 T.C. dated 22 April 2000, an Uttar Pradesh Nagar Palika (Property Tax) Rules Manual' 2000 has been forwarded these measures are being taken to bring authenticity and transparency in assessment of Property Tax and to make the Self Tax Assessment System available to all the citizens. The different processes / proceedings of this system are being advertise on a great scale by Nagar Palika. Its proposed to put up hoardings at different places for this purpose. Self Tax assessment is in favour of both citizens and Palika. It is based on logical and authentic standards. It is not biased and is transparent and reasonable. The tax assessment shall be done on the basis of site map and details submitted in the Palikas Under this self tax assessment system, a person has been authorized to assess his own tax on the basis of the details of his buildings. Different kinds of pre defined forms have also been made available for the citizens as per the instructions given by the government. These forms are also available on this website. If the site map or the details are not present/available, the tax assessment will be done by the officers. The main objective of this Self Tax Assessment system is to make the following facilities available to the citizens – (1) Tax shall be assessed on the basis of present circle rated of property or land, size of property and the type of construction made. (2) The Tax assessment process will be well planned & well organized and convenient and will be enforced in all modern cities. (3) Strict Action and penalties will be imposed on hiding any facts or on wrong assessment of tax. This self tax assessment system will take comparatively less time than present Tax System. No body could be able to misguide any citizens for personal/selfish motives. This system will benefit all the citizens and will also be helpful in making all the bodies of Uttar Pradesh, economically strong. Birth and Date Registration: 19
20
Introduction Birth registration opens the door for a newborn child to enter into a permanent identity and death registration relives one from all such records. A birth certificate is considered a ticket to citizenship, without which an individual does not officially exist and therefore lacks legal access to the privileges and protection of a nation1. On the other hand, a death certificate is a mandatory proof for relieving a person from the entire social, legal and financial obligation A birth certificate as a government document supports an individual to enjoy the rights and protection of the nation. While a death certificate supports his family members on enjoying the property rights and schemes like policy benefits and other entitled privileges. In a nutshell, a birth certificate is a supportive document for the survival of an individual and a death certificate is a document to serve his family members. The registration of birth not only provides acknowledgment but also gives legal status to one's existence. It opens the door for accessing other fundamental rights including education, health care and protection. Apart from the proof of identity and entitlement for different services, birth registration to a larger extent helps the government to determine some important basic concerns like doses of immunization vaccine to be supplied, educational and other childcare facilities to be provided in the country. The registration of death is also important for the government to analyse the life expectancy, population of the country and other information related to the services to be provided. A poor registration system can lead to the poor calculation of birth and death rate. Indeed an effective birth and death registration system is elementary to the sensible operation of polity in the new era of local selfgovernance. ● Inadequate infrastructural, equipments and service facilities ● Lack of Superspecility services at district headquarter hospital ● Nonavailability of doctors ● Lack of reliable health care services in remote areas ● Lack of awareness among people regarding health and family welfare Indian Context: The registration mechanism of birth and death in India is considered as permanent and compulsory, primarily for its value as a legal document and secondly for its usefulness as a source of statistics. The registration of birth and death has been enacted all over India through the enforcement of Registration of Birth and Death (RBD) Act –1969. In India the data on vital statistics on birth and death is generated through the Civil Registration System. The RBD act ensures the legal and administrative framework for the civil registration system in India . In urban areas the municipalities are responsible for handling the process of manual registration of birth and deaths. The 74th Constitutional Amendment Act in 1992 has provided the functional power of birth and death registration to the Urban Local bodies. Hence it is necessary to perform the expected role of Urban Local Bodies in ensuring the systematic registration of births and deaths in urban areas. 20
21
Even though a ‘birth certificate' is considered an assurance for a hurdle free future for our children, only 65% of the Indian population has gone through the registration process. That is, with about 26 million births taking place in our country in a year; only about 17 million births are registered. Similarly in the case of deaths, only an average of 60% percent are registered every year The data available on death registration shows that an average of only 60 percent of deaths that occurred, could be registered every year across the country. The concern over poor registration of deaths still prevails in the states of Assam , Bihar and Jharkhand. In these states, an average of only 30 percent of deaths are registered. Hence it is important for these states to initiate steps and strategies to ensure at least the average level of registration. There are different reasons indicated for the poor registration of the births and deaths. The key factor is the lack of awareness amongst the public on the importance of birth and death certificates Act The “Registration of Birth and Death Act (1969)”, was enacted all over India to provide a uniform law for the regulation of registration of births and deaths in India . The RBD act gives the legal and administrative framework for Civil Registration System (CRS) in India . The act authorizes the Registrar General and Census Commissioner of India to coordinate the registration mechanism. The RBD Act has been enforced in all states, with the responsibility of Chief Registrar of Births and Deaths to make necessary arrangements for registration facilities in the entire state and to see that no area is left without registration facilities. The RBD act comprises of 32 sections, which illustrate the rules, proceedings, process, maintenance of records, the functions and functionaries at national, state, district and peripheral levels to perform birth and death registration Importance Importance of Birth Registration: Birth registration provides legal proof for identity, civil status, age, dependency status in the family and a wide variety of rights for an individual. Registration of birth and the issuing of birth certificate are interlinked events. Registration of birth is very important for obtaining the birth certificate. The RBD act clearly specifies that the registrars in the local bodies are required to issue the birth certificate free of charge, on births reported with in 21 days of occurrence. The birth certificate is significant for an individual for personal identification and protection as indicated in the table. Importance of Death Registration: 21
22
Proof of death is important for relieving an individual from legal, social and financial obligations. It will be essential for his family members to enjoy the inheritance of property and closing the statutory obligations. Death certificate is crucial in proving the “circumstances of death” in the case of accident, murder and also on availing the benefits of Life Insurance Corporation and other financial schemes. The death certificate is mandatory for availing benefits like dying in harness, family pension and on relieving a person from the muster roll Reporting The first and foremost step in birth and death registration is to inform the registrar in the Urban Local Bodies within the set time limit of the occurrence of the event. The RBD act, section 8,9 & 10 have directed the responsibility of informing the occurrence of events to the various officers and individuals based in the place of occurrence. Issuing Of Certificate The registrar designated as per the RBD act is entitled to issue the certificate for birth, death and stillbirth. In ULBs, usually the Commissioner /Health officer is designated to issue birth and death certificate. The individual who is looking for the certificate has to go directly to the respective municipality, if it is registered within the said time. The RBD Act recommends the issue of the certificate free of charge. However, municipalities are charging an amount of Rs.10 to 20/ for the certificate as cost of lamination of certificate. The key issue on the birth and death registration system is that the majority of citizens have not collected their birth/death certificate, even though the occurrence of it are registered by the informant. Stillbirth means foetal death, where a product of conception has attained at least the prescribed period of gestation. BUISNESS LICENSE Nagar Palika Health Deptt. collects. food samples and issues licenses for food items. Licenses are issued by Nagar Palika byelaws for carrying out different business. In the nation's journey towards becoming an economic power, local bodies play an important part in enabling infrastructure availability to the citizens. Local bodies are institutions of the local selfgovernance, which look after the administration of an area or small community. The 22
23
local bodies, which are constituted for local planning, development and administration in the urban areas are referred as Urban Local Bodies (Municipalities). The visioning process aims at the integrated review, priority settings, planning and management at every level, so that the key expected results are achieved with the convergence across programmes and actions. The process of visioning taken up at the Nagar Palika Baharaich would be followed by the visioning exercises. Visioning exercises thus will lead to the integrated and decentralised planning, which will be strengthened in the coming years.
IntroductionUrban Local Bodies: ● The origin of local selfgovernment had very deep roots in ancient India. On the basis of historical records, excavations and archaeological investigations, it is believed that some form of local selfgovernment did exist in the remote past. In the Vedas and in the writings of Manu, Kautilya and others, and also in the records of some travelers like Magasthnese, the origin of local selfgovernment can be traced back to the Buddhist period. The Ramayana and the Mahabharata also point to the existence of several forms of local selfgovernment such as Paura (guild), Nigama, Pauga and Gana, performing various administrative and legislative functions and raising levies from different sources. Local government continued during the succeeding period of Hindu rule in the form of town committees, which were known as ‘Goshthis’ and ‘Mahajan Samitees’. The Constitution (74th Amendment) Act, 1992 is a landmark initiative of the Government of India to strengthen local selfgovernment in cities and towns. The Act stipulates that if the state government dissolves a Municipality, election to the same must be held within a period of six months. Moreover, the conduct of municipal elections is entrusted to statutory State Election Commission, rather than being left to executive authorities. The mandate of the Municipalities is to undertake the tasks of planning for ‘economic development and social justice’ and implement city/town development plans. The main features of the 74th Constitutional Amendment are as under: ● Committee: Committee means a Committee constituted under article 243S of the Constriction. ● Metropolitan area: Metropolitan area means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area. 23
24
● Municipal area: Municipal area means the territorial area of a Municipality as is notified by the Governor. ● Municipality: Municipality means an institution of selfgovernment constituted under article 243Q of the Constitution. To achieve desired targets of economic growth and balanced regional development the efforts for decentralized planning commenced with the first Five Year Plan. The plan recognized the need to break up planning exercise into National, State, District and Local Government level. But it failed to spell out the process for the same. In the second Five Year Plan, two new elements, namely, establishment of District Development Council and drawing up of village plans were introduced. But again the attempt went futile due to lack of proper enabling framework. On the recommendations of Balwant Rai Mehta Committee in 1957, village, block and district level Panchayat Institutions were established in many states. But, they were not assigned with any meaningful role or resources. Administrative Reforms Commission (1967) highlighted in its Report that district planning needed to be focused in those areas where local variations in the pattern and process of development were likely to yield quick results in terms of growth. In 1969, the Planning Commission communicated guidelines to the states for formulating district plans detailing the concept and methodology of drawing up such plans. It gave some fruitful results but limited to few states. A Central Scheme was also operational from Fourth to Ninth Five Year Plan to assist states for strengthening their planning. This scheme was extended to district level in 198283. A Working Group headed by Prof. M. L. Dantwala (1978) identified remoteness of planning agencies at district level from actual scene of action as the cause for mismatch of financial allocations with location specific needs. The Group recommended Block as the appropriate substate planning unit. Planning Commission also issued guidelines on formulation of Block level plans in tune to these recommendations. The Ashok Mehta Committee (1978) in its report recommended that Panchayats ought to be strengthened for undertaking local planning. The Hanumantha Rao Committee (1984) brought out the fact that planning from below was undermined by different streams of funding the district plan. The Group recommends decentralization of function, powers and finances, setting up of district planning bodies and district planning cells. The G. V. K. Rao Committee (1985) reviewed the administrative arrangements for rural development and recommended district Panchayat to manage all development programmes. The Sarkaria Commission also highlighted the need for people’s participation in the planning and administrative machinery at local level. During Sixth and Seventh Plan role of Panchayats in rural development was also enlarged. In 199293, the 73rd and 74th Amendments gave Constitutional status to local self governments and provided a new and universalized platform for decentralized planning. In recent initiatives taken by MoPR regarding decentralized planning it is recommended that under Article 243ZD of the Constitution District Planning Committee (DPC) shall be constituted at the district level in every state to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district. The object of district planning is to arrive at an integrated, participatory coordinated idea of development of a local area. The comprehensive district plan will integrate multiple programmes that are in operation in the district concerned and therefore address backwardness through a combination of resources that flow to the district. 24
25
Process of Urbanization in India: Urbanization is an index of transformation from traditional rural economies to modern industrial one. It is a long term process through which the ratio of population between rural and urban gets changed in favour of urban settlement. Quite often the Indian Urbanization has been considered as over urbanisation or pseudo urbanisation due to its rapid growth of urban population especially in large cities. It has been observed that high rate of population growth in urban areas particularly in large cities is the result of high natural growth and poverty driven rural to urban migration in short and long run. At present, India is among the countries of low level of urbanization. Number of urban agglomeration/town has grown from 1827 in 1901 to 5161 in 2001. Number of population residing in urban areas has increased from 2.58 crores in 1901 to 28.53 crores in 2001. Only 28% of population was living in urban areas as per 2001 census. Over the years there has been continuous concentration of population in class I towns. On the contrary the concentration of population in medium and small towns either fluctuated or declined (Dutta, 2006). The graduation of number of urban centers from lower population size categories to class I cities has resulted top heavy structure of urban population in India. The big cities attained inordinately large population size leading to virtual collapse in the urban services, followed by basic problems in the field of housing, slum, water, infrastructure, quality of life etc. Therefore, urban planning and policy framework focus on increasing the efficiency of large cities and redirecting attention towards small and medium towns. This would ensure the balance regional pattern of urban growth through which India can benefit from globalisation, liberalization and privatization as cities are going to be centre for global economy. The major challenge to policy makers and planners is to tackle the concentration of urban poverty in cities particularly in large cities. They need special attention to be accommodated in the fabrics of city and can contribute to growth. The eleven plan approach paper aims at “faster and inclusive growth” and is likely to put heavy investment towards ensuring the sustainability of urban centre. Faster and inclusive growth of the cities can be ensured through a) providing basic infrastructure facilities for cities and b) provisioning of basic services to urban poor. Constitution (74th Amendment) Act, 1992 The Constitution (74th Amendment) Act, 1992 relating to Municipalities (known as Nagarpalika Act) was passed by the Parliament in Winter Session of 1992 and it received the assent of the President on 20.4.1993. This Act seeks to provide a common framework for the structure and mandate of Urban Local Bodies and enable them to function as effective democratic units of Local Self Government. Government of India notified 1st June, 1993 as the date from which the 74th Amendment Act came into force. The Act provided for a period of one year from the date of its commencement, within which the Municipal Laws which were in force at that time in States/ Union Territories, were required to be changed/amended/ modified in order to bring them in conformity with the provisions of the Constitution (74th Amendment) Act, 1992. As a result of various initiatives taken by the Ministry of Urban Affairs and Employment, the Constitution (74th Amendment) Act, 1992 was implemented by all State Govts./U.T. Administrations, where the same was applicable by the target date, viz., 31st May, 1994. State 25
26
Governments thereafter enacted amendments to bring their Municipal Laws in conformity with the Nagarpalika Act. The salient features of the Constitution (74 Amendment) Act covers the following: th • Constitution of Municipalities • Composition of Municipalities • Constitution of Wards Committees • Reservation of Seats • Fixed duration of Municipalities • Power, Authority and Responsibilities of Municipalities • Appointment of State Election Commission • Appointment of State Finance Commission. • Constitution of Metropolitan Committees • Constitution of District Planning Committees. The planning component of the ULBs has been listed in the Twelfth Schedule of the Constitutions in Article 243 W). The list provides the following functions and responsibilities of ULBs across the country (See Annexure 1). Prior to the devolution of power and function of ULBs, there exists an established legal instrument for city planning which has been guiding the growth and direction of city development. Master plan and Development Plans have been providing planning framework for city development. However, it has been realised over the years that such a long term city/town planning strategies needs suitable capacity to foresee the future directions of urban development.
26