Best Practices In Planning.docx

Previous Situation The Government of India (GoI) has launched Jawaharlal Nehru National Urban Renewal Mission (JNNURM) in the year 2005-2006 at an estimated cost of ` 50,000 crores for seven years to encourage cities to initiate steps to bring about improvement in the existing services in a financially sustainable manner. Municipal Administration and Urban Development Department, Government of Andhra Pradesh has entered into a Memorandum of Agreement (MoA) with Ministry of Urban Development, GoI on 27 March 2006 to implement Urban Reforms Agenda in a period of six years. Enactment of Community Participation Law (CPL) is one of the mandatory reforms to be adopted at the state level. In this regard, Municipal Laws have been amended in Andhra Pradesh through Act Number 7 of 2008 on 19 April 2008 duly providing the provisions of CPL. The Act was brought into force from 6 February 2010. Rules have been issued for constitution of Ward Committees and Area Sabhas in all Urban Local Bodies (ULBs) on 10 February 2010. The New Approach Enactment of CPL is one of seven mandatory reforms committed under JNNURM by Andhra Pradesh State Government. Accordingly, Municipal Laws in Andhra Pradesh have been amended to incorporate provisions of CPL in functioning of ULBs. The Amendment institutionalizes subsidiary and citizen participation through introduction of a three-tiered structure in ULBs, namely Corporation, Ward Committee and Area Sabha/Ward Sabha. The Act was brought into force from 6 February 2012. Goals of the Project   

Institutionalize Citizen Participation Law; Introduction of the concept of Area Sabha/ Ward Sabha in all ULBs; Introduction of the concept of Ward Committee in all ULBs.

Implementation Strategy/ Process A. Constitution of Ward Committee Ward Committee shall be constituted for each ward in the ULBs. Commissioner has to nominate an Officer of the ULB to be the secretary of Ward Committee. Office accommodation shall be provided for the ward committee as well. The composition of the Ward Committee would consist of i. ii. iii. iv.

Ward Member to be ex-officio Chairperson. Area Sabha representatives in the ward ranging from 2-11 based on the population on the ward. Not more than 10 persons representing the civil society based on population of the ward to be nominated by the Municipal Council or Corporation. Population: number of nominated members. Up to 10,000 population: 4 members per Ward Committee. For every additional 4,000: 1 member each.

v. vi.

Half of the persons to be nominated to the Ward Committee shall be women. Term of ward committee to be co- extensive with the term of the ULB.

The qualification and disqualification prescribed to the elected members of the ULB shall apply mutatis mutandis to the members of the Ward Committee. Persons eligible for nomination to the Ward Committee and minimum number of persons to be nominated to each ward committee in ULBs based on the population of the ward should be: i. ii. iii.

iv.

v.

A president / secretary representing registered Residents Welfare Association in the ward – 1-2 members. A member of registered Tax Payers Association / Rate Payers Association in the ward – 0-1 members. A president / secretary of slum level federation (i.e. National Healthcare Corporation) of a slum. In case of non- availability of a slum level federation in a ward, a representative of senior most Self- Help Group in the ward – 1-2 members. A member of a registered association / institution / institute / body or organization or Non-Government Organization or Mahila Mandali or Trade Union / Chamber of Commerce / Medical Council in the ward – 0-1 members. Any other prominent citizen from the ward – 0-1 members.

The Procedure that has been adopted for Nomination as Member of the Ward Committee is that applications shall be called for by the Commissioner, for the eligible persons by issuing a notice in the newspapers. The submission of applications is done at the office of the ULB which is then scrutinized by the Commissioner. A list of eligible applicants is prepared by the Commissioner that is placed before a special meeting of the ULB. The ULB nominates the required number of members by a voice vote. The main functions of the Ward Committee are: i. Supervision Over – a. Sanitation work and Drainage. b. Working of street lights. c. Repair of roads. d. Maintenance of markets. e. Maintenance of parks and playgrounds. ii. Poverty alleviation programs. iii. Monitoring the functioning of Municipal Schools, Maternity Centres and Dispensaries. iv. Review of the collection of taxes and non- taxes. v. Preparation of list of beneficiaries for pensions and subsidies. vi. Preparation of Annual Ward Development Plan. The different Powers that have been vested upon the Ward Committee are: i. ii.

20% of the budget earmarked for maintenance of urban services shall be allocated by the ULB to all Ward Committees together. Funds shall be allocated once in a quarter. The Ward Committee will identify maintenance works and forward the list to the Commissioner for sanction.

iii. iv.

Works are to be executed by the Commissioner. Commissioner is also competent to inspect the maintenance works sanctioned to the ward committee.

B. Constitution of Area Sabhas In respect of Corporations and Municipalities with a population of one lakh and above, each ward shall be divided into areas based on the population at the rate of one area for a population of one thousand to five thousand in the ward duly observing the natural boundaries and the geographical contiguity as per as possible. Area Sabha shall be constituted for each area with all electors in the jurisdiction of the area. There shall be an Area Sabha representative for each area nominated by the Corporation / council from the representatives of the civil society. Two to eleven areas can be constituted in each ward of ULBs based on the population of the respective ward. An Area Sabha Representative (ASR) shall be nominated by the ULB for each area from the representatives of the civil society as in the case of members of Ward Committee. ASR shall be a voter of the area concerned and he shall be an ex-officio member of the Ward Committee. The term of the ASR is coterminous with that of the ULB. The Persons eligible for nomination as ASR, procedure for nomination as ASR and qualifications and disqualifications for ASR is one and the same as in case of members of the Ward Committee. The different functions that are performed by the Area Sabha are: i. ii. iii. iv. v.

To determine the priority of the schemes and developmental programmes to be implemented in the Area. To identify the eligible persons for the beneficiary-oriented schemes. To verify the eligibility of persons getting various kinds of welfare assistance from Government pensions and subsidies. To suggest the location of street lights, public taps, public wells, public toilets, etc. To identify the deficiencies in water supply, street lighting and sanitation and to suggest remedial measures to the Ward Committee.

The Areas Sabha meet once in 3 months presided by the ASR. At least 50 voters are present at the meeting of the Area Sabha. C. Constitution of Ward Sabhas A Ward Sabha is constituted for each ward in Municipalities whose population is less than one lakh. All electors in the ward shall be members of the Ward Sabha. The member of the Council representing the ward shall be the convener of the Ward Sabha. The functions and rights of the Ward Sabha are one and the same as in the case of Area Sabha. The elected members of the ward shall preside over the meetings of the Ward Sabha. The meetings of the Ward Sabha shall be conducted as in the case of Area Sabha.

D. Constitution of Ward Committees, Area Sabhas and Ward Sabhas at GHMC - Present Status GHMC has constituted Ward Committees for all 150 wards in GHMC by June, 2010 by nominating 1415 members from civil society in a transparent manner ranging from 8 to 10 members per ward based on the population of the respective wards. List of Ward Committee members is posted on GHMC website3. Similarly, 1081 Area Sabhas have been constituted for all 150 wards in GHMC by October, 2010 ranging from 6 to 11 areas per ward at the rate of one area for every five thousand population of the Ward. ASRs have been nominated to all areas from the members of the civil society in GHMC in a transparent manner as was done in the case of Ward Committees. List of Area Sabha representatives is posted on GHMC website4. The term of 109 ULBs except Greater Vishakhapatnam Municipal Corporation and GHMC expired in September, 2010. Hence Ward Sabhas in other ULBs will be constituted after conduct of the ordinary elections to these ULBs. Methodology The Area Sabha generates proposals for all capital and maintenance works and determines the priority of developmental works to taken up and forwards same to the Ward Committee

The Ward Committee identifies works to be taken up with the funds sanctioned by the Commissioner from the proposals received from the Area Sabha and forward the list of works along with a copy of the minutes of Ward Committee meeting to Zonal Commissioner for administrative sanction..

The Zonal Commissioner gives regard to the list of works submitted by the Ward Committee while sanctioning works in the Ward. After giving administrative sanction, the works will be executed as per Rules by the Zonal Commissioner.

Challenges/ Constraints Encountered Municipal Corporators had opposed the Constitution of Ward Committees in GHMC. The Floor Leader of Opposition party approached the Hon’ble High Court of Andhra Pradesh and pleaded for issue of Stay Orders against constituting Ward Committees stating that “natural privileges” of Corporators will be “abducted” by “existence” of Ward Committee members. During the hearing, the Advocate General held the view that Ward Committees shall improve accountability, transparency, improve proximity of public representatives with citizens at neighbourhood level and enable effective interaction on local issues. The Hon’ble High Court held the view that the bottom line of constituting the ward committees is to spread local democracy in urban areas by creating platform for citizens’ participation at the grass root

level for good governance, rejected the plea and directed the Commissioner, GHMC to proceed with exercising the process of constituting the ward committees. Impact of the Project i. ii.

iii.

iv. v.

Decentralised Urban Governance is achieved in GHMC consequent on the constitution of Ward Committees. The Ward Committees headed by ward Councillors with representatives of civil society are involved in the supervision of the maintenance of urban services in GHMC. The Ward Committees are better placed to attend to the maintenance of urban services in view of the 20% of the total budget earmarked for operation and maintenance is allocated to all wards together. The Ward Committees in GHMC are engaged in the process of the preparation of Ward Development Plan. There is considerable improvement in service delivery in GHMC.