74th Constitutional Amendment

Contents 1.

Urban Local Bodies

2.

Need for Decentralized Governance

3.

Decentralization initiatives – 74th CAA

4.

74th Constitutional Amendment Act, 1992

5.

Mapping of Shifts – Post CAAs

6.

Metropolitan Planning Committee

7.

Implementation in Gujarat – 74th CAA

8.

Institutions and legal framework: a.Municipal Corporation b.Urban Development Authority c.Town Planning & Valuation Department d.Gujarat Industrial Development Corporation

9.

Case Study: a.Mumbai Metropolitan Region Development Authority (MMRDA) b.Institutional framework in USA

10.

Institutional Issues

Institutions at Regional Level for Urban Planning?

Peri Urban Limit City Limit

Authority ???

City A Peri Urban Limit City Limit

City B

What links up the cities – homogeneity, functions etc. ???

Decentralization initiatives – 7 4th CAA: 74th CAA , 1992 - first major attempt - decentralization The need arises to strengthen local level and initiatives - earmarks thegovernance attempt to at strengthen hence decentralizedemocracy the existing at institutional local level. structure where the local bodies were subject to the decisions taken by the State. This can be achieved through :

“

The act mandates democracy and decentralization of ULBs to make them more representative and service oriented . ”

Mapping of Shifts – Post CAAs Functions

Basic Services Provision

Development Programmes

Pre- Constitutional Arrangements as could be Amendment Envisaged Scenario ‘ needs Identification’

State Local Governments ( G S, GP, government/special Ward and Committee) purpose parastatal agencies

Project planning and implementation

-do-

Local Govt. and departmental agencies under the administrative control of local G ovt.

Delivery and maintenance

-do-

Community groups, private entities on contract basis with local Govt

Planning

State Govt.

Local Govt, citizen groups, C B Os

Beneficiary Identification

Functional Departments, Parastatals,

Gram Panchayat, Gram Sabha

Implementation

Functional Departments, Parastatals, CBOs

Area Development Perspective planning

Functional Departments under the supervision and control of NGOs,local Govt., community groups

Urban DevelopmentDistrict and metropolitan authority, completeplanning committees neglect of Rural areas

METRO POLITIAN PLANNING COMMITEE "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.

How 74th CAA helps in Regional Planning: Existing Scenario: Number of agencies working with lack or no coordination Beyond municipal boundaries but within planning area - Panchayats, are UDA unable to regulate the development. M.C. Villages beyond planning area – underlying infrastructre, degenerated – undesired urbanization. Consequences- Haphazard development , illegal colonization and poor City A infrastructure etc. UDA No systematic efforts- No Master Plan- small & medium urban & rural M.C. of a coordinating agency. centres,- absence

City B

• Is there any government which takes care of a Region? • How would the perspective and other plans be developed? • Who is the ultimate responsibility? Will it be the MPC or there shall be another govt which shall be extended to the region? • Would there be a cell in terms of planning machinery attached to all 3 bodies?

Area - 196024 sq.km Population – 50.67 million

Provision of 74th CAA Status of Remarks implemen tation

Density – 258/sq km Urban Population 37.35% Municipal Corporation –6 Municipal council – 143 Election held – 19992000

Constitution of Municipalities

√

Fully implemented

Composition of Municipalities

√

Fully implemented

Reservation of Seats for women, SCs and STs

√

Fully implemented

Constitution of District Planning Committees

x

Reform Procedure ongoing

Constitution of Metropolitan Planning Committees

x

Reform Procedure ongoing

Incorporation of 12th Schedule into State

√

GOG declared as

List of Institutions: State Level bodies: a)

The Director of Municipalities

a)

Gujarat Industrial District Corporation

b)

Town Planning & Valuation Department

c)

Gujarat Municipal Finance Board

d)

Gujarat Housing Board

e)

Gujarat Slum Clearance Board

2.

City Level bodies:

a)

Municipal Corporation

b)

Development Authority

3.

District Level bodies:

a) b)

District Collectorate District Urban Development Authority (DUDA)

Institutions & Acts State Level bodies:

Acts

a)

Town Planning & Valuation Department

Gujarat Town Planning and Urban Development Act, 1976

2.

City Level bodies:

a)

Municipal Corporation

Bombay Provincial Corporation Act, 1949

b)

Development Authority

Gujarat Town Planning and Urban Development Act,1976

3.

District Level bodies:

a)

District Urban Development Authority (DUDA)

Municipal Corporation Jurisdiction: It extends to the whole of the Corporation Area of city Accountability: AMC is accountable to the citizens through its elected representatives.

As per 74th CAA – Municipal Corporation – Central Agency Decision Making, Planning Implementation and Enforcement - MC

Urban Development Authority Jurisdiction: Extends to whole of the Planning Area of city (includes Municipal Corporation Area) Accountability: Urban Development and Urban Housing Department and not directly to public. Chairman is the head who is nominated member.

What would happen to U.D.A. after the implementation of 74th CAA????

Jurisdiction: Extends to whole of State Accountability: Accountable to Urban Development and urban Housing Department

Gujarat Industrial Development corporation (GIDC) It is a State level body responsible to identify locations suitable for industrial development and arranges for infrastructure facilities .GIDC operates and maintains industrial estates in various districts of Gujarat State. These estates are self-contained sanctuaries capable of sustaining a large number of industries within themselves. It is constituted under Gujarat Industrial Development Act, 1962. A GIDC estate can be notified as a "Notified Area", to function as an independent body, thereby avoiding multiple taxation problems. Notified Areas do not come under the jurisdiction of local self-governing bodies. Functions: • • • • •

To promote and assist establishment and development of industries To establish and manage industrial estates selected by the State Govt. To develop industrial area for the purpose and make them available for establishment. Develop the land of industrial area for the purpose of facilitating the location of industries and commercial centers Assist financially to the industrial development.

Case Studies – MMRDA - Mumbai Metropolitan Region Development Institutional framework in USA

MMRDA (Mumbai Metropolitan Region Development Authority) Setup Date

26th January, 1975

Act

Mumbai Metropolitan Region Development Authority Act, 1974

Organizational Structure

•Authority - (highest policy making body, members Mayor, Municipal Commissioner) •Executive Committee – ( technical guidance and supervision of MMRDA activities ) •Office of Metropolitan Commissioner (appointed by govt. of Maharashtra)

Jurisdiction

MMRDA Planning Area

Functions Activities

and•Preparation of perspective plans •Promotion of alternative growth centres •Strengthening of infrastructure facilities •Provision of development finance

Role of Town Country Planning Role of Developer Land Pooling

&Absolutely no role of the Director/ Chief T&CP

PrivateIn the Township projects they sell the Developed Chunk to the Private Developers/Builder in some of the projects They have a provision in their act for Land Pooling. In some area they are making use of this system

Departments Jurisdiction Municipal Corporation

Functions

Preparation and execution of: Whole of Corporation Area o TP Schemes o Development Plans o Infrastructure projects o Social development projects Enforcing development controls Taxation/resource mobilization Issues building permission Operation & Maintenance

Structure

Gaps

Deliberative Wing – Elected body of councilors – headed by Mayor Executive Wing – headed by Commissioner

No powers - decision making and implementation. No powers to generate its own funds

Preparation of D.P.s Urban Whole of the Nominated - Head Development Planning Area of Preparation of T.P.S. Chairman  Authority city (includes To guide, direct & assist local Max. 4 members of Municipal authority in planning, development local authority Corporation and use of land use 3 officials from State To control the development activities Govt Area) in planning area Presidents of District To levy and collect fees – permission Panchayat To acquire, hold, manage and dispose Chief town planner of property Chief Engineer The Commissioner of M.C.

No elected members in the Authority – Chairman nominated by State Govt. No powers to collect tax Area Specific

Town Planning Whole of & Valuation theState Department

MC sends D.P.s and T.P.S. of towns to Chief town planner and Standing Committee for scrutiny

Advocate and Promote Planning Activities -State Scrutiny of DPs & T.P.S. -prepared by Authorities Technical support to the Authorities preparation of D.P.s and T.P.S. Advise - valuation of land, where Government interest is involved To evolve Urban and Regional standards and guidelines Provide guidance - implementation of urban development programmes Advise - State Government - framing

Chances of change of decision at CTP or Standing Committee level.

Institutional Framework for Regional Plan MPC – Technical Arm MPC

UDA M.C.

Peri urban limit UDA City limit – M.C.

UDA City A

Urban Development Authority - Might scrap down Technical arm Metropolitan Planning Development Authority will have elected members as per 74th CAA.

M.C. City B

What will Happen to Urban Development Authority?

Implementation Framework for DMIC DMIC Steering Authority (Headed by Prime Minister, with concerned Central Ministers & Chief Ministers as Members) DMICDC (A Corporate Entity with representation from Central & State Govt. Agencies, FIIs and DFC) Master Development Plan, Techno-Economic Feasibility Studies, Business Plans, Projects Prioritization, Bundling & Unbundling of Projects to Central/Line Ministries & State Govt State-level Coordination Entity/ Nodal Agency

Project Specific Special Purpose Companies (SPC) (For both Central & State Govt Projects viz. Ports, Airports, Roads, Industrial Areas, Power etc) Approvals & Clearances (FIPB, NSC, MOEF etc), Monitoring & Commissioning of Projects, Financing Arrangement etc

Project-1

Project-2

Project-3

Project-4

Institutional framework for DMIC & SEZ’s in context with 74th CAA Haryana Dadri Delhi

Faridabad

Rajasthan

Jaipur

Ahmedabad

Gujarat

Madhya Pradesh Vadodara Surat Nashik

Arabian Sea J.N.Port Greater Mumbai

Pune

Maharashtra

DMIC- Institutional framework is only meant for implementation. The operation & Maintenance might be carried out as a Corporator . ULBs would have interference only at the planning level. They will have to include DMIC as part of their plans. Act as a kind of a Void. MPC – Coordinate with State

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