NATIONAL CONSULTATION ON URBAN GOVERNANCE - KEY FINDINGS FROM 21 STATES India Habitat Centre, New Delhi - Praja Foundation

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NATIONAL CONSULTATION ON
   URBAN GOVERNANCE

 KEY FINDINGS FROM 21 STATES

      India Habitat Centre, New Delhi
         22nd and 23rd January 2020
ACKNOWLEDGEMENT
Praja has obtained the data by conducting urban governance study in states across
India. Thus it is very important to acknowledge everyone who participated in this study
and provided guidance, especially Elected Representatives (Mayors, MLAs, Councillors),
State/City administrative officials, Individuals, Academicians and Civil Society
Organisations from all states across India.

Praja Foundation appreciates the support given by our supporters and donors, namely
Tree for Life Foundation, Friedrich Naumann Foundation, Narotam Sekhsaria Foundation
and Madhu Mehta Foundation and numerous other individual supporters. Their support
has made it possible for us to conduct our study & publish this report on urban
governance.

We would like to thank Nagrika team whom Praja commissioned the 1 stage of the study
of mapping the implementation of 74th Constitutional Amendment in Cities across India.

We would like to thank National Institute of Urban Affairs for being the knowledge
partner.

We would also like to thank our group of Advisors & Trustees and lastly but not the least,
we would like to acknowledge the contributions of all members of Praja’s team, who
worked to make this urban governance study a reality.

                  NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 1
NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 2
CONTENT
          ACKNOWLEDGEMENT                                                         1
          ABOUT PRAJA                                                             5
          EXECUTIVE SUMMARY                                                       7
          1.      PRAJA’S URBAN GOVERNANCE STUDY AND METHODOLOGY                  11
          1.1     URBAN GOVERNANCE – CURRENT CONTEXT                              12
          1.2     METHODOLOGY                                                     13
          1.3     STATUS OF URBAN GOVERNANCE STUDY                                16

          2.      FRAMEWORK OF URBAN GOVERNANCE STUDY                             17
          2.1     PRINCIPLE OF SUBSIDIARITY                                       18
          2.2     PRAJA'S FRAMEWORK FOR EMPOWERMENT OF CITY GOVERNMENT            19

          3.      CONTROL AND EXECUTION OF FUNCTIONS AND FUNCTIONARIES            20
          3.1     TYPOLOGY OF 18 FUNCTIONS                                        21
          3.2     STATUS OF DEVOLUTION OF 18 FUNCTIONS                            24
          3.3     FUNCTIONS CONTROLLED BY CITY GOVERNMENTS                        25
          3.4     PRESENCE OF MULTIPLE AGENCIES                                   26
          3.5     FACTOID- DISTRIBUTION OF 18 FUNCTIONS IN TERMS OF CONTROL       27
          3.6     REPRESENTATION OF CITY GOVERNMENT IN SMART CITY MISSION (SCM)   28
          3.7     STATUS OF HUMAN RESOURCES IN CITY GOVERNMENTS                   30
          3.8     RECRUITMENT OF HUMAN RESOURCES IN CITY GOVERNMENTS              33

          4.      EMPOWERED AND ACCOUNTABLE ELECTED REPRESENTATIVES               34
          4.1     EMPOWERMENT OF MAYOR                                            35
          4.2     EMPOWERMENT OF COUNCILLORS                                      37
          4.3     FACTOID- SUBJECT COMMITTEES                                     38
          4.4     FACTOID-HONORARIUM/ REMUNERATION FOR COUNCILLORS                39
          4.5     ACCOUNTABLE ELECTED REPRESENTATIVES                             40
          4.6     DISTRICT PLANNING COMMITTEE                                     43

               NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 3
CONTENT
5.. FISCAL DECENTRALISATION                                                                     45
5.1 MUNICIPAL TAXATION                                                                          46
5.2 STATUS OF STATE FINANCE COMMISSION                                                          47
5.3 OWN REVENUE TO TOTAL REVENUE                                                                48
5.4 PROPERTY TAX AS A MAJOR SOURCE OF REVENUE INCOME                                            49
5.5 FACTOID- OWN SOURCES OF REVENUE                                                             50
5.6 BUDGET MAKING PROCESS OF CITY GOVERNMENT                                                    51
5.7 BUDGET APPROVAL OF CITY GOVERNMENT                                                          52
5.8 FACTOID- BUDGET MAKING PROCESS FROM PREPARATION TO APPROVAL                                 53
5.9 FINANCIAL SANCTIONING POWER OF THE CITY GOVERNMENT                                          54

6. ACTIVE CITIZEN PARTICIPATION AND CITIZEN GRIEVANCE REDRESSAL MECHANISM                       57
6.1 STATUS OF WARD COMMITTEE                                                                    58
6.2 STATUS OF AREA SABHA                                                                        59
6.3 ACTIVE CITIZEN PARTICIPATION                                                                60
6.4 CITIZEN CHARTER                                                                             61
6.5 CITIZEN GRIEVANCE REDRESSAL MECHANISM                                                       62

7. ANNEXURE                                                                                     64
7.1 ANNEXURE 1 - STATE PROFILES                                                                 65
7.2 ANNEXURE 2 - CITY PROFILES                                                                  67

8. PARTICIPANTS LIST                                                                            68

                                         NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 4
ABOUT PRAJA
                                                                                                                         2019
                                                                                                                         Praja Fellowship launched in Delhi

                                                                                                                  2018
Praja is a non-partisan organisation working
towards enabling accountable governance                                                                           Organised Visiting Councillor Program for Mumbai
since 1999. Praja empowers citizens to                                                                            Councillors to visit Kerala; Conducted first residential
participate in governance by providing                                                                            workshop for newly elected women councillors
knowledge and perspective so that they can
become politically active and involved                                                            2017
beyond the ballot box. It undertakes
extensive research and highlights civic                                                           Started a new project 'Transforming Urban Governance' to reform
issues to build the awareness of, and                                                             city governance structures.
mobilize action by the government and                                                             Praja Fellowship launched in Mumbai
elected representatives (Ers).
                                                                                  2008-2012

                                                                                  Initiated Praja Dialogue; launched CityScan, an online collation of extensive data on
                                                                                  civic and security Issues In Mumbai; Published Councilor handbook; and annual
                                                                                  report cards on MLAs, and Councilors

                                                                    2005

                                                                    Published Mumbai Citizen's Handbook to demystify governance in Mumbai; About 2 lakh copies
                                                                    distributed
                                                          2003

                                                          Teamed up with MCGM and built its citizen's grievance redressal mechanism, the Online Complaint and
                                                          Management System (OCMS), and conducted complaint audits in the ensuing years

                                               1997

                                               Praja, along with the Municipal Corporation of Greater Mumbai (MCGM), created Mumbai's first Citizen Charter

                                                       NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 5
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EXECUTIVE SUMMARY
The National Consultation on Urban Governance by Praja Foundation was
held on 22nd and 23rd January in New Delhi. The consultation was attended by
                                                                                              Key suggestions
mayors, councillors, member of legislative assembly (MLAs), municipal
corporation officials, civil society organisations, academicians and
practitioners from 20 States and NCT. The consultation was a platform to                      Ÿ Create constitutionally mandated local list of functions specific
disseminate the key findings of the Urban Governance Reforms Study                               for City Governments in line with the central and state lists.
conducted by Praja Foundation in 21 states. The study was focussed on                         Ÿ Institutionalise capacity building programmes for the City
understanding urban governance systems in India and aimed to build                              Governments to improvise the legislative and administrative
necessary reform agenda. Participants were engaged through panel wise                           functioning.
discussions focussing on four themes of Praja’s framework on urban                            Ÿ Find systemic changes necessary in existing coordination systems
governance for empowerment of city government – (i) Control and execution
                                                                                                between the State Government and the City Government where
of functions and functionaries; (ii) Empowered and accountable elected
representatives; (iii) Fiscal decentralisation and (iv) Active citizen                          control over functions and corresponding powers are transferred
participation and citizen grievance redressal mechanism. The summary of                         to the cities, while monitoring and holding cities accountable,
discussions held over these themes, which highlighted the issues and                            rests with the state.
brought out key suggestions pertaining to the current system of urban                         Ÿ City Governments need to hold complete control over all the 18
governance in the country by multiple stakeholders is shared below.                             functions specified in the Twelfth Schedule, 74th CAA and other
                                                                                                vital urban functions that need to be planned and executed at city
Control and Execution of Functions and Functionaries                                            level.
                                                                                              Ÿ City Government needs to be authorised to act as a nodal agency
The theme centrally involved discussions on the lack of empowerment of City
Governments in the country. Many expressed that City Governments do not                         exercising regulatory control over multiple agencies executing
function with autonomy as they lack complete control over primary urban                         projects in the city to eliminate the issue of coordination between
functions. A common issue raised was the existence of multiple agencies                         multiple agencies in the city.
operating in the city leading to coordination issues. Moreover, stakeholders
stressed on the lack of accountability of these multiple agencies towards the
City Governments. These agencies are constituted by the State Governments
to execute specific functions in the city. Praja’s study showed that of all the 21        Empowered and accountable elected representatives
cities studied, it experienced involvement of multiple agencies in 7 functions
out of the 18 functions (as specified in Twelfth Schedule of the 74th                     The limited powers with the legislative wings of the City Governments formed
Constitutional Amendment Act) at the least. Participants also put forth that             the main subject of discussion in the session. Poor capacity and challenges
City Governments are lacking the capacity to implement urban schemes                     faced by newly elected councillors, low remuneration and ward development
and/or handle large scale projects due to acute shortage of resources. City              funds allotted to councillors in general and the limited powers held by
Governments facing shortage of adequate revenue to fund projects and                     Mayors were the main issues highlighted collectively by the participants.
lacking necessary human resources to perform functions was also among the                Stakeholders vouched for Mayor’s post to hold powers such as suspension of
crucial highlights of Praja’s Study.                                                     officials and filing of Annual Confidential Report of the Commissioner.

                                                         NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 7
Some participants also raised concerns that Commissioners and Collectors               The need for increasing tax collections and coverage by the City Government
are subjected to implement the orders of the State Government to achieve its           was also discussed. It was stressed that mechanisms need to be developed to
own interests, often with limited assistance to councillors for solving their          bring new citizens of the city who may have migrated from other villages or
concerned issues or work. On the other hand, it was discussed that councillors         cities under the tax collection coverage.
are more accessible to citizens than an MLA or MP. Specialised agencies or
Special Purpose Vehicles do not have any legislative platform to be                    Also, discussions pointing to heavy dependency of the City Governments on
answerable to the citizen and hence, City Governments are the only                     the State Government for revision of tax rates and for final approval of budget
accessible entity to citizens to raise complaints.                                     took place. Praja’s study revealed that only 1 out of the 21 states have City
                                                                                       Governments holding independent control over setting tax rates and that 10
                                                                                       States have City Governments dependent on the State Government for final
                                                                                       approval of its budget.
    Key suggestions

    Ÿ Councillors should leave their partisan interests to unite and
      demand their right for powers to effectively practice                                Key suggestions
      responsibilities for bringing positive changes to the
      constituencies they represent.                                                       Ÿ SFCs need to be formed by having relevant stakeholders and
    Ÿ Elected representatives should be trained mandatorily on the                           members who have a knack and are experienced on the subject
      functioning of municipal governance with specific focus on                              matter.
      budgeting, concerned roles and responsibilities, and bye-laws of                     Ÿ Bring out a constitutional mandate on taxes that can be levied by
      council and committee proceedings.                                                     the City Governments to achieve self-sufficiency.
    Ÿ Create mechanisms to bring young leaders who are ambitious to                        Ÿ Follow the example of Indore Municipal Corporation for tapping
      alter the current municipal governance system, apart from the                          grants through CSR funding after having faced fiscal issues.
      structural changes required to empower City Government as a                          Ÿ State Governments need to allot grants to municipalities in the
      whole.                                                                                 State’s budget provisions, thereby, ensuring fixed grants to be
                                                                                             transferred to City Governments.
                                                                                           Ÿ City Governments need to receive grants from the Central and
                                                                                             State Governments in a predictable rule-based manner and must
Fiscal Decentralisation                                                                      be authorised with powers to raise their own resources.
Initial round of discussions on this theme revolved around issues associated
with the State Finance Commissions (SFCs) in the country. The issue of most
SFCs not following any predictable rule-based formula to transfer funds to
City Government and not adhering to the recommendations strictly was                   Active citizen participation and citizen grievance redressal mechanism
highlighted. Another challenge mentioned was the fact that SFC grants are
mostly tied grants, having conditions specified that are not in lines with City         Most citizens having low interest in municipal elections, unaware of the
Government’s action plans, ultimately proving difficult for City Governments            duties and responsibilities of their ward councillor and bearing the issue of
to access the said grants.                                                             accountability due to the division of functions between City Governments

                                                       NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 8
and State Governments were highlighted as main issues. Hence, firstly, citizens need to be            Overall Conclusions
aware of their councillors and the platforms that are available for raising their concerns or
issues such as ward committees etc. Participants put forth that platforms such as ward               There was a common understanding that emerged from the
committees or RWAs are not only for the purpose of monitoring but also allow bringing in of          thematic discussions that cities are the centres for economic
new constructive suggestions which the councillors can adopt. These platforms for citizen            change, hence creating strong political leadership coupled with
engagement need to be constituted in the cities as participants remarked that citizens have          strengthening of the City Governments was proposed as the way
a right to participate rather than just vote in elections.                                           forward to bring positive developmental changes in cities.
                                                                                                     Citizens, on the other hand, need to create a bottom – up
Another main concern raised was that there is no price to pay if ward committees or citizen          pressure to push demands and accountability to the front.
charters are not constituted. Hence, there were suggestions that one way to ensure                   Enabling City Governments to have complete control over
accountability is to upload the minutes of the ward committee meetings for public access.            functions and holding them accountable was also one of the
This opened the discussions on the need for data transparency for the public such as                 important comments that came out. Stakeholders agreed on an
availability of information on ward wise budgets, activities, projects, complaints registered        overall note that structural reforms are required as far as 74th
and closed, minutes of council and ward committee meetings etc. An interesting comment               CAA is concerned.
was made on galvanising citizen’s participation on local issues through activities in the
public realm such as community spaces, recreational spaces, cultural spaces etc.

                                                                                                         Key suggestions

    Key suggestions                                                                                      Ÿ Making it mandatory for to-be political leaders to
                                                                                                           have a stint in City Governance.
    Ÿ Important and relevant public data present in an easy and accessible form can                      Ÿ Harnessing the potential of private sector for
      help citizens be aware and provide suggestions, solutions or feedback.                               implementation of schemes and projects with overall
    Ÿ Actively enforce the constitutional mandate of Public Service Guarantee Act to                       control in the hands of the City Governments.
      strengthen transparency on delivery of services.                                                   Ÿ Formulating comprehensive long-term vision city
    Ÿ Examples quoted include:                                                                             plans that are well-integrated and have mandatory
       ú Integrated and influential role of RWAs in Delhi.                                                  provisions for political parties to strictly adhere to,
       ú Andhra Pradesh’s scheme that compensated citizens with money in case of                           irrespective of change in governments.
          non-adherence of Service Level Agreements (SLAs) and an effective
          complaint tracking management system being used to strengthen
          accountability.
       ú Initiatives such as transparency days by the Pune Municipal Corporation                     The overall message that came across was that new reforms need
          wherein citizens can directly meet officials and access relevant records etc.               to focus on delegation of powers, devolution of functions,
          and holding of Corporator Awards in cities promotes healthy competition                    effective coordination mechanisms between the State
          leading to improvement of performance among the corporators of the city.                   Governments and City Governments to bring about boost in
                                                                                                     revenues and augmenting of resources enabling active
                                                                                                     decentralised city governance.

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01

PRAJA’S URBAN GOVERNANCE
 STUDY AND METHODOLOGY

      NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 11
1.1 URBAN GOVERNANCE –CURRENT CONTEXT

     The process of urbanisation is taking place rapidly in India. The Pace at which Indian
     cities are expanding poses significant challenges in urban governance. India’s urban
01   population has expanded from 26% of the total population in 1991 to 31% in 2011. It is
     estimated that by 2030, more than 40% of the Indian population will be living in cities.
     The primary question in this context is whether the existing urban governance
     structures in India would be capable enough to respond to the needs of rising urban
     population and enable our cities to tackle future problems. At present, the governance
     system lacks democratic accountability, is unresponsive to the needs of its citizens,
     and is certainly not well positioned to deal with future challenges. Thus, there is an
     urgent need to completely transform the way Indian cities are governed and managed,
     to make them more democratic, transparent, accountable and responsive to the needs
     of its citizens.

     Praja Foundation initiated a project in order to understand the implementation of 74th
     constitutional amendment, challenges faced by city governments and then to
     advocate policy changes that will change the way Indian cities are governed. It is
     multiyear project in nature, with research being the bedrock to form a network and
                                                                                                                Why mapping the implementation of 74 CAA Is needed?
     influence change.
                                                                                                                The 74th Constitutional Amendment Act (CAA) was
     By March’2020 we will be conducting an Urban Governance Reforms Study to capture
                                                                                                                passed in 1992 to give constitutional status to
     status of urban reforms in all the states, identify levers and barriers and identify a set
                                                                                                                municipal corporations across India. 74th amendment
     of recommendations.
                                                                                                                seeks to devolve powers and functions to Urban Local
                                                                                                                Governments to enable them to act as effective
     Our study will create a ‘urban governance index’ and map urban governance status in
                                                                                                                democratic units of local self-government. It has been
     all the states of the country.
                                                                                                                more than 25 years since 74th amendment came into
                                                                                                                force, however, devolution of powers and the
     As part of the study we will map and meet various stakeholders in all the states across
                                                                                                                capacities of city governments are not completely
     the country and build a network which will be leveraged as a platform for, knowledge
                                                                                                                mapped. There is need to create knowledge repository
     sharing, equipping stakeholders, mobilising stakeholders, and advocating for policy
                                                                                                                to understand gap between what has been legislated
     changes.
                                                                                                                (de jure) and what is happening on the ground (de
                                                                                                                facto).
     In a nutshell the project will enable urban governance to transform a ‘smart city’ into a
     ‘smartly governed city’ by influencing policy change at a structural and systemic level
     to democratise city governments and improve delivery of services.’

                                                              NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 12
1.2 METHODOLOGY (1/3)

                                                             Mapping the implementation of 74th CAA across 27 states and National Capital Territory
                                                             of Delhi in India through our study on urban governance reforms and existing               01
                                                             governance and institutional models in place across Indian cities.

      Build the evidence and the case for
          urban governance reforms
                                                             Interviews with key stakeholders to understand the urban governance challenges from
                                                             the perspectives of different stakeholders. These interviews would provide richer
                                                             insights into the motivations and relationships between the executive and the elected
                                                             wing, the challenges key stakeholders face. In each state we will be looking at carrying
                                                             out interviews in 1 key city.

     Build a network of organisations and                    Consultations will be held at State and National Level to bring Domain experts,
      individuals (thought leaders and key                   Content providers, Implementation organisations, Key leaders in the government and
     influencers) who will champion urban                     political parties and Influencers for taking forward the learnings and pushing for urban
              governance reforms                             reforms

                                                             Urban Governance Index and leveraging network for Policy change
                                                             Our study will create a ‘urban governance index’ and map urban governance status in
                                                             all the states of the country. It will capture levers and barriers and set of
     Policy changes that will transform the
                                                             recommendations which will be updated periodically. Through periodic and targeted
         way Indian cities are governed
                                                             conclaves Praja will leverage the network to facilitate various stakeholders into
                                                             thematic groups on common reform agenda/s. The network will be leveraged as a
                                                             platform for advocating for policy changes.

                                              NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 13
1.2 METHODOLOGY (2/3)

01      Objective: Mapping of the implementation of 74th CAA and
        municipal functions                                                                The research for the state reports on 74th CAA was undertaken in three
                                                                                           stages.
        1. Identify the prevalent institutional structures in different
           municipalities                                                                  Ÿ First, a detailed study of existing literature and relevant municipal
        2. Identify the roles and responsibilities of various departments                    acts was undertaken to understand the context.
           and officials (elected as well as administrative) within a                       Ÿ Second, discussions and interviews were undertaken with multiple
           municipality                                                                      stakeholders across states. Nagrika team visited cities to
        3. Map the 18 functions and the role of city governments and                         understand the experience of decentralization in cities in India.
           parastatals in performing them                                                  Ÿ Finally, the field insights were corroborated with secondary
        4. Identify key informants in the administrative and deliberative                    research to develop the report.
           wings

        Objective: Interviews with Elected Representatives and City                        The interviews conducted with councillors, executives of municipal
        Executive                                                                          corporations and MLAs which come under jurisdiction of municipal
                                                                                           corporations.
        The interviews aim to gather evidence on understanding urban                       Ÿ First, interviews with stakeholders were conducted.
        governance and development from the view of elected                                Ÿ Second, Transcribing of interviews was done followed by
        representatives, the city executive and citizens. It explores the                     Identification of main themes and sub themes
        relationships between these different groups and identifies the                     Ÿ Finally, Thematic analysis was done and findings from Nagrika
        challenges facing Indian cities.                                                      reports were incorporated to create urban governance reports
                                                                                           The analysis in the report is based on a sample of participants.
        The interviews explore the following themes                                        Ÿ The interviews were qualitative and the figures indicate the number
        1. City Government: Composition and Function;                                         of people who highlighted a particular issue.
        2. Municipal Finance                                                               Ÿ The solutions capture the reflections of different respondents, and
        3. Citizen participation and Grievance redressal mechanism.                           are not indicative of Praja Foundation’s views.

                                                         NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 14
1.2 METHODOLOGY (3/3)

   Sample calculation method                                                                                                                                      01
   Ÿ A sample size of 10% of the total number of MLAs in the city or minimum 2 MLA’s whichever is greater was considered for the study. Similarly, 10% of the
     Councillors or a minimum of 3 Councillors per MLA approached, whichever is greater. Table provides an illustrative example for Ahmedabad and
     Coimbatore.
   Ÿ The stratified random sampling method was used to select Councillors and MLAs. The sample is representative of the gender and party mix.
   Ÿ Councillors in key positions are approached if they are not covered in the sample – Mayor/Deputy Mayor, Ward Committee Chair, Standing Committee
     Chair, Members of Mayor-in-Council, Chairs of important statutory committees.
   Ÿ All Municipal Commissioners are invited to participate + a sample of senior and junior municipal officials selected at random

 Elected Representative        Calculation                                                                         E.g. Ahmedabad             E.g. Coimbatore

 No. of MLAs                                                                                                              16                         2

 No. of councillors                                                                                                       192                       100

 MLA                           10% of total MLAs in the city or a minimum of 2 (whichever is greater)                      2                         2

                               10% of the Councillors (or a minimum of 3 Councillors per MLA approached                   19                         10
                               whichever is greater)
 Councillor

                               3 Councillors per MLA approached (or 10% of Councillors whichever is greater)            2x3=6                     2x3=6

 Executives                    1 Executive per 3 Councillors or Minimum 3                                                  3                         3

                               Total sample                                                                               24                         15

                                                                                           Table provides an illustrative example for Ahmedabad and Coimbatore.

                                                     NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 15
1.3 STATUS OF URBAN GOVERNANCE STUDY

                                                                                                        Build the evidence           As a part of the study, total 1,314 interviews
01                                                                                                      and the case for             were carried out from November 2017 till
                                                                                                        urban governance             December 2019 with key stakeholders
                                                                                                        reforms                      including elected representatives,
                                                                                                                                     government officials, civil society experts
                               Himachal Pradesh                                                                                      from 22 states and 1 National Capital
                      Punjab                                                                                                         Territory
                                       Uttarakhand
                        Haryana
                                        Delhi

               Rajasthan
                                          Uttar Pradesh                                                           Consultation and             Praja conducted state level
                                                                                           Assam
                                                                  Bihar                                           Network building             consultations for 20 states and 1
                                                                                     Meghalaya
                                                                                                                                               National Capital Territory of
                                                                                                                                               Delhi in India by December
                                                                 Jharkhand
          Gujarat
                              Madhya Pradesh                                 West Bengal                                                       2019.

                                                  Chhattisgarh

                                                            Odisha
                    Maharashtra
                                                                                                        Although urban governance study is completed in 22 states and
                                      Telengana                                                         National Capital Territory of Delhi, consultations are completed for 20
                                                                                                        states and National Capital Territory of Delhi, which excludes Assam
              Goa                                                                                       and Meghalaya.
                                      Andhra Pradesh

                                                                                                        Thus, analysis in this report is based on 21 geographies including 20
                        Karnataka
                                                                                                        states and National Capital Territory of Delhi.

                                    Tamil Nadu

                           Kerala

                                                                     NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 16
02

   FRAMEWORK OF URBAN
    GOVERNANCE STUDY
2.1 Principle of Subsidiarity
2.2 Praja's Framework for Empowerment of City Government :
Ÿ Control and Execution of Functions and Functionaries
Ÿ Empowered and Accountable Elected Representatives
Ÿ Fiscal Decentralisation
Ÿ Active Citizen Participation and Citizen Grievance Redressal Mechanism

                NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 17
2.1 THE PRINCIPLE OF SUBSIDIARITY

        The main idea behind the principle is that a
                                                                                                       ral Government
        larger or greater body should not carry out                                               Cent
        activities which can be efficiently done at
        local level by smaller body.
                                                                                                        e Government
                                                                                                    Stat
        The principle of subsidiarity emphasises
02      that central authority should have a

                                                                                                     cipal Governmen
        subsidiary function, performing only those
                                                                                                   ni
                                                                                                 Mu
        tasks which can not be performed at
        immediate or local level.
                                                                                                                    t

                                                                                                             ject Com
        Further, it means that the policies should
                                                                                                      g /Sub         mi
                                                                                                    n
                                                                                                  di
        always be made at lowest possible level and
                                                                                                                       t
        state should legislate when uniform

                                                                                             an

                                                                                                                         te
        regulation is necessary

                                                                                                                           es
                                                                                           St
                                                                                                        ommittees/S
        Its relevance                                                                                  C

                                                                                                                      ab
                                                                                                  rd
                                                                                                Wa
        City governments should exercise functions

                                                                                                                        has
        which can be carried out efficiently as a
        democratic unit of local governance.
                                                                                                            Citizen
        This means that the 18 functions listed in
        74th constitutional amendment which are of
        local importance should be carried out by
        city governments and central/state
        governments should not get involved in
        them.

                                                       NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 18
2.2 PRAJA'S FRAMEWORK FOR EMPOWERMENT OF CITY GOVERNMENT

  The framework of urban governance is directive in nature
  and throws light on the broad areas of reforms which are
  essential in order to make city governments function as
  democratic units of local self-governance.
                                                                                                             Control and
  The Praja foundation believes that empowerment of city                                                     Execution of
  governments across the country can be achieved through
  strengthening the following themes :
                                                                                                            Functions and                      02
                                                                                                            Functionaries
  1. Control and Execution of Functions and Functionaries:
     The city government should have complete control over
     list of 18 functions plus functions of local importance
     and their execution through direct control over
                                                                              Active Citizen
     agencies working in the jurisdiction of the city.                                                                       Empowered and
  2. Empowered and Accountable Elected Representatives:                     Participation and                   Empowering
                                                                                                                               Accountable
     The mayor and councillors being elected                                Citizen Grievance                      City
     representatives of people need to be empowered. They                                                                        Elected
                                                                                Redressal                       Government
     should be given ownership and held accountable for                                                                      Representatives
     the development of the city.
                                                                               Mechanism
  3. Fiscal Decentralisation: Along with devolution of
     functions, control over finances is essential to carry out
     functions efficiently. Thus, control over sources of
     revenue needs to be completely shifted to city
     governments.
  4. Active Citizen Participation and Citizen Grievance
                                                                                                              Fiscal
     Redressal Mechanism: Citizen participation in                                                        Decentralisation
     governance process plays vital role to ensure
     accountability, transparency and make governments
     responsive to the needs of people. In addition, robust
     grievance redressal mechanism is a must to resolve
     issues of people and improve delivery of services.

                                                    NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 19
03

 CONTROL AND EXECUTION OF
FUNCTIONS AND FUNCTIONARIES
                     Ÿ   Typology of 18 Functions
                     Ÿ   Status of devolution of 18 functions
                     Ÿ   Functions controlled by city government
                     Ÿ   Presence of multiple agencies
                     Ÿ   Representation of City Government in Smart City Mission
                     Ÿ   Status of human resources in city government
                     Ÿ   Recruitment of Human Resources in city governments

 The Directive Principles mentioned in the upcoming themes are points for deliberation and consideration as basic principles for
                        building Urban Agenda at the National Consultation on 22nd and 23rd January 2020
                                 NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 20
3.1 TYPOLOGY OF 18 FUNCTIONS (As per 74th CAA)
 Fn no    Functions                                   Activities

 1.       Urban planning including town               Ÿ Master Planning/Development Plans/Zonal Plans
          planning.                                   Ÿ Enforcing master planning regulations
                                                      Ÿ Enforcing building codes

 2.       Regulation of land-use and                  Ÿ Regulating land use
          construction of buildings.                  Ÿ Approving building plans/high rises
                                                      Ÿ Demolishing illegal buildings

 3.       Planning for economic and social            Ÿ   Promotion of economic activities
          development                                 Ÿ   Ensuring social justice and social welfare

 4.       Roads and bridges.                          Ÿ Construction and maintenance of roads                       03
                                                      Ÿ Construction and maintenance of bridges and flyovers
                                                      Ÿ Parking and street lights

 5.       Water supply for domestic, industrial       Ÿ Storage of water and Providing connections
          and commercial purposes                     Ÿ Collection of charges
                                                      Ÿ Operation & Maintenance (O&M)

 6 a.     Public health, sanitation conservancy       Ÿ Maintaining hospitals, dispensaries, medical colleges
                                                      Ÿ Immunisation
                                                      Ÿ Prevention of vector borne diseases
                                                      Ÿ Quality of water, food

 6 b.     Solid waste management                      Ÿ   Garbage collection, segregation and disposal of garbage

 7.       Fire services                               Ÿ Establishing and maintaining fire brigades
                                                      Ÿ Maintenance of water reservoirs
                                                      Ÿ Providing Fire NOC/approval certificate

                                                  NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 21
3.1 TYPOLOGY OF 18 FUNCTIONS (As per 74th CAA)
      Fn no      Functions                                Activities

      8.         Urban forestry, protection of the        Ÿ Afforestation
                 environment and promotion of             Ÿ Greenification
                 ecological aspects.                      Ÿ Awareness drives
                                                          Ÿ Maintenance of natural resources

      9.         Safeguarding the interests of            Ÿ Identifying beneficiaries
                 weaker sections of society,              Ÿ Social Pensions (old age, widow, specially abled)
                 including the handicapped and            Ÿ Providing tools/benefits such as tricycles
                 mentally retarded                        Ÿ Housing programs and Scholarships

      10.        Slum improvement and                     Ÿ Identifying beneficiaries

03               upgradation                              Ÿ Affordable Housing
                                                          Ÿ Upgradation

      11.        Urban poverty alleviation                Ÿ Identifying beneficiaries
                                                          Ÿ Livelihood and employment
                                                          Ÿ Street vendors

      12.        Provision of urban amenities and         Ÿ   Creation of parks and gardens
                 facilities such as parks, gardens,       Ÿ   Operation and Maintenance
                 playgrounds

      13 a.      Promotion of cultural and                Ÿ Fairs and festivals
                 aesthetic aspects.                       Ÿ Cultural buildings/institutions
                                                          Ÿ Heritage
                                                          Ÿ Public space beautification

      13 b.      Promotion of Education                   Ÿ   Schools and education

      14.        Burials and burial grounds;              Ÿ   Crematoriums and burial grounds (different religions)
                 cremations, cremation grounds            Ÿ   Construction and O&M

                                                      NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 22
3.1 TYPOLOGY OF 18 FUNCTIONS (As per 74th CAA)
 Fn no      Functions                                  Activities

 15.        Cattle pounds; prevention of               Ÿ Catching and keeping strays
            cruelty to animals                         Ÿ Sterilisation and anti-rabies
                                                       Ÿ Ensuring animal safety

 16.        Vital statistics including birth and       Ÿ Coordinating with hospitals/crematoriums etc. for
            death registration                           obtaining information
                                                       Ÿ Maintaining and updating database

 17 a.      Public amenities including street          Ÿ Installation and maintenance of street lights
            lighting, parking lots and public          Ÿ Creation and maintenance of parking lots
            conveniences.                              Ÿ Creation and maintenance of public toilets
                                                                                                               03
 17 b.      Bus stops                                  Ÿ   Deciding and operating bus routes

 18.        Regulation of slaughter houses             Ÿ   Ensuring quality of animals and meat
            and tanneries                              Ÿ   Disposal of waste

                                                   NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 23
3.2 STATUS OF DEVOLUTION OF 18 FUNCTIONS

                                                                                                                                               Madhya Pradesh
                Andhra Pradesh

                                                                                                                                                                                                                                     Uttar Pradesh
                                         Chhattisgarh

                                                                                                                                                                                                                                                     Uttarakhand
                                                                                                                                                                Maharashtra

                                                                                                                                                                                                                                                                   West Bengal
                                                                                                                                                                                                            Tamil Nadu
                                                                                                                          Karnataka
                                                                                                           Jharkhand

                                                                                                                                                                                                                         Telangana
                                                                                                                                                                                                Rajasthan
                                                                                                Himachal
                                                                                      Haryana
                                                                          Gujarat

                                                                                                                                                                              Odisha

                                                                                                                                                                                       Punjab
                                                                                                                                      Kerala
                                 Bihar

                                                        Delhi

                                                                Goa
      Fn. no.
      1
      2
      3
      4
      5
      6a
03    6b
      7
      8
      9
      10
      11
      12
      13a
      13b
      14
      15
      16
      17a
      17b
      18
                                                                      City government control                          Multiple agencies                        State Control

                                                                                    NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 24
3.3 FUNCTIONS CONTROLLED BY CITY GOVERNMENTS
                                                                                                                                            Functions under City Government
                                                                       18
  The Directive Principle: Transfer of 18 functions as per             17
  74th CAA to city governments                                         16
                                                                       15
                                                                       14
  Ÿ    The 74th constitutional amendment act (CAA), 1992               13
       gave constitutional status to urban local governments           12
       in India. As per 74th CAA, 18 functions listed under            11
                                                                       10     9
       article 243-W should be devolved to the city                     9              8
       governments across states in India.                              8                       7           7             7
                                                                        7                                                             6            6           6
  Ÿ    The city government is known as third tier of                    6                                                                                                5           5         5         5
                                                                        5                                                                                                                                          4       4       4        4           4          4
       government in Indian governance system. As a                     4
       democratic unit of self-governance, city government              3
       should have complete authority to carry out all 18               2
                                                                                                                                                                                                                                                                             2        2
                                                                                                                                                                                                                                                                                                 1        03
       functions plus functions of local importance which are           1
                                                                        0
       related to day-to-day life of citizens. Thus, the local

                                                                                                                                                Dharamshala
                                                                             Mumbai
                                                                                      Kochi
                                                                                              Gurugram
                                                                                                         Bhubaneswar
                                                                                                                       Coimbatore
                                                                                                                                    Ahmedabad

                                                                                                                                                              Bhopal
                                                                                                                                                                       Vijayawada
                                                                                                                                                                                    Panaji
                                                                                                                                                                                             Amritsar
                                                                                                                                                                                                        Udaipur
                                                                                                                                                                                                                  Patna
                                                                                                                                                                                                                          Delhi
                                                                                                                                                                                                                                  Ranchi
                                                                                                                                                                                                                                           Mangaluru
                                                                                                                                                                                                                                                       Warangal
                                                                                                                                                                                                                                                                  Kolkata
                                                                                                                                                                                                                                                                            Raipur
                                                                                                                                                                                                                                                                                     Dehradun
                                                                                                                                                                                                                                                                                                Lucknow
       functions which are currently under control of state
       government/parastatal bodies should be transferred
       to city government.

   Highlights

   Ÿ Not a single city government among 21 cities has control over all 18 functions listed under 74th constitutional amendment act.
   Ÿ Mumbai is leading in terms of control over functions as 9 functions are independently controlled by Municipal Corporation of Greater Mumbai
     followed by Kochi Municipal Corporation which has control over 8 functions.
   Ÿ Out of 21 cities, 8 cities have independent control over more than 5 functions, whereas there are 13 cities who have independent control over 5 or less
     than 5 functions.

                                                     NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 25
3.4 PRESENCE OF MULTIPLE AGENCIES
                                                                                                                                                Functions under Multiple agencies

                                                                             18
        The Directive Principle : City governments should have               17
        control over execution of all functions in the city                  16    15
                                                                             15
        Ÿ   The present of multiple agencies creates coordination            14             13        13
                                                                             13
            related problems, leads to duplication of work and                                                    12         12       12
                                                                             12                                                                  11       11        11
            poor service delivery. Thus, it is essential to have one         11                                                                                              10       10        10            10         10
            agency who has control over delivery of all functions.           10                                                                                                                                                      9           9
            Being urban local government, municipal corporations              9                                                                                                                                                                            8            8
            should have complete control over execution of all                8                                                                                                                                                                                                   7         7         7
                                                                              7
            functions in the city area.
                                                                              6
                                                                              5
        Ÿ   All the agencies/parastatal bodies working in the                 4
03          jurisdiction of a city, should report to municipal                3
            corporation and work under its direction. Therefore,              2
            the permission for implementation of projects related             1
                                                                              0
            to 18 functions should be taken from the city

                                                                                   Raipur
                                                                                            Ranchi
                                                                                                     Mangaluru
                                                                                                                 Vijaywada
                                                                                                                             Patna
                                                                                                                                     Dehradun
                                                                                                                                                 Delhi
                                                                                                                                                         Udaipur
                                                                                                                                                                   Kolkata
                                                                                                                                                                             Panaji
                                                                                                                                                                                      Bhopal
                                                                                                                                                                                               Bhubaneswar
                                                                                                                                                                                                             Amritsar
                                                                                                                                                                                                                        Warangal
                                                                                                                                                                                                                                   Ahmedabad
                                                                                                                                                                                                                                               Mumbai
                                                                                                                                                                                                                                                        Dharamshala
                                                                                                                                                                                                                                                                      Lucknow
                                                                                                                                                                                                                                                                                Gurugram
                                                                                                                                                                                                                                                                                           Kochi
                                                                                                                                                                                                                                                                                                   Coimbatore
            government by state government/ parastatal bodies.

       Highlights

       Ÿ    Out of 21 cities, 9 cities experience involvement of multiple agencies in more than 10
            functions out of 18 functions and currently, there is no nodal agency to coordinate among
            agencies leading to issues in delivery of services.
       Ÿ    In Raipur, out of 18 functions, 15 functions have involvement of multiple agencies leading
            to issues in coordination and resulting in poor service delivery.
       Ÿ     Ranchi and Mangaluru have involvement of multiple agencies in 13 functions.
       Ÿ    12 functions are carried out by multiple agencies in Vijayawada, Patna and Dehradun.
       Ÿ    Udaipur, Delhi and Kolkata have involvement of multiple agencies in 11 functions.

                                                           NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 26
3.5 FACTOID- DISTRIBUTION OF 18 FUNCTIONS IN TERMS OF CONTROL
         Himachal Pradesh                               Uttarakhand
          DHARAMSHALA                                   DEHRADUN
            6   8     4                                 2 12 4
                                                          Haryana
                                                         GURUGRAM
  Punjab
 AMRITSAR                                                7     7      4
5 10 3                                                                      Bihar         Jharkhand
                                                                           PATNA           RANCHI
    Delhi
    DELHI
                                                                      4 12 2             4 13 1
4 11 3
 Rajasthan
 UDAIPUR                                            Uttar Pradesh

5 11 2
                                                     LUCKNOW
                                                                                                                                                                              03
                                                    1    8        9
                                                                                                         West Bengal
                                                                                                          KOLKATA
  Gujarat                                                                                Chhattisgarh
AHMEDABAD                              Madhya Pradesh                                      RAIPUR        4 11 3
                                          BHOPAL                                         2 15 1
6    9      3
                                           6 10 2                                                           Odisha
Maharashtra                                                                                             BHUBANESWAR
 MUMBAI                                                                                                  7 10 1
9    9      0
              Goa
             PANAJI
                                                             Andhra Pradesh          Telengana
          5 10 3                                              VIJAYAWADA             WARANGAL
                                                              5 12 1                 4 10 4
                                                                                                                                      Status of Devolution of 18 functions
          Karnataka                                            Tamil Nadu
         MANGALURU                                            COIMBATORE                                                                  Functions under City government
          4 13 1                                              7       7     4
                                                                                                                                          Functions under Multiple agencies
                              Kerala
                              KOCHI                                                                                                       Functions under State government
                          8     7      3

                                                                          NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 27
3.6 REPRESENTATION OF CITY GOVERNMENT IN SMART CITY MISSION (SCM)

                                                                                                    Representation of city
                  Himachal Pradesh                                  Uttarakhand
                                                                                                    government in the SPV              The Directive Principle : City governments should have
                 DHARAMSHALA                                       DEHRADUN
                                                                                                    Mayor                              control over execution of all functions in the city
                                                                                                    Commissioner
                                                                      Haryana                       Councillors
                                                                                                                                       Ÿ    The Special Purpose Vehicle (SPV) has been created for
                                                                   GURUGRAM                                                                 implementation of smart city mission in all cities that
                                                                                                     *Mayor and Secretary
        Punjab                                                   Not part of SCM                                                            are a part of the mission. SCM focuses on projects
      AMRITSAR                                                                                                                              related to urban renewal, infrastructure development
                                                                                   Bihar           Jharkhand                                and they are implemented in the jurisdiction of
                                                                                  PATNA            RANCHI                                   municipal corporation. However, SPVs are acting as
         Delhi
        DELHI
                                                                                                                                            independent body and are not accountable to
     Not part of SCM                                                                                                                        municipal corporations.

                                                                                                                                       Ÿ    Since city government has equal shareholding along
03     Rajasthan
      UDAIPUR                                                  Uttar Pradesh                                                                with the State government in SPVs, there should be
                                                               LUCKNOW
                                                                                                                                            equal representation of city government in SPV’s board
                                                                                                                                            of directors. Moreover, SPVs should report to municipal
                                                                                                                       West Bengal
                                                                                                                       KOLKATA              corporations for implementation of any project.
        Gujarat                                                                                   Chhattisgarh       Not part of SCM
     AHMEDABAD                                Madhya Pradesh                                       RAIPUR
                                                BHOPAL
                                                                                                            Odisha             Highlights
      Maharashtra                                                                                     BHUBANESWAR
       MUMBAI                                                                                                                  Ÿ In many cities, SPVs are headed by state government officials
     Not part of SCM
                                                                                                                                 and city governments do not have much role in the decision
                      Goa                                                                                                        making process of SCM projects.
                    PANAJI
                                                                                                                               Ÿ Out of 21 cities, only Udaipur Mayor is vice-chairperson of SPV’s
                                                                       Andhra Pradesh         Telengana
                                                                        VIJAYAWADA           WARANGAL                            board of directors.
                                                                      Not part of SCM                                          Ÿ In 19 cities, Councillors are not part of SPV’s board of directors.
                                                                                                                               Ÿ Only in Mangaluru and Ahmedabad, councillors are involved in
                   Karnataka
                                                                          Tamil Nadu
                 MANGALURU                                                                                                       decision making of SPV board. In Mangaluru, 4 councillors are
                                                                       COIMBATORE
                                     Kerala                                                                                      members of SPV board whereas in Ahmedabad, 1 councillor is a
                                     KOCHI*                                                                                      member of SPV board apart from Mayor.

                                                                                NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 28
3.6 FACTOID- REPRESENTATION OF CITY GOVERNMENT IN SMART CITY MISSION (SCM)

 State              City            Ratio of state -city                      Representation of city government in the SPV- Mayor/
                                  representation in SPV                                   Councillors/ Commissioner

                                                                Members                                                              Councillors
 Andhra Pradesh     Vijayawada                                  Not part of SCM
 Bihar              Patna                  10:2                 Mayor and Commissioner                                               No
 Chhattisgarh       Raipur                 10:1                 Only Commissioner                                                    No
 Delhi              Delhi                                       Not part of SCM
 Goa                Panaji                 9:2                  Mayor and Commissioner                                               No
 Gujarat            Ahmedabad              9:3                  Mayor, Commissioner, Standing committee Chairperson                  Yes
 Haryana            Gurugram                                    Not part of SCM
 Himachal Pradesh   Dharamshala            12:3                 Mayor, Deputy Mayor and Commissioner                                 No            03
 Jharkhand          Ranchi                 8:3                  Mayor, Commissioner and Additional Commissioner                      No
 Karnataka          Mangaluru              10:6                 Mayor, Commissioner and 4 Councillors                                Yes
 Kerala             Kochi                  9:2                  Mayor and Secretary                                                  No
 Madhya Pradesh     Bhopal                 11:2                 Mayor and Commissioner                                               No
 Maharashtra        Mumbai                                      Not part of SCM
 Odisha             Bhubaneswar            14:1                 Commissioner                                                         No
 Punjab             Amritsar               12:2                 Mayor and Commissioner                                               No
 Rajasthan          Udaipur                10:2                 Mayor as vice-Chaiperson and Commissioner                            No
 Tamil Nadu         Coimbatore             13:2                 Mayor and Commissioner                                               No
 Telangana          Warangal               14:2                 Mayor and Commissioner                                               No
 Uttar Pradesh      Lucknow                8:1                  Commissioner                                                         No
 Uttarakhand        Dehradun               14:2                 Mayor and Commissioner                                               No
 West Bengal        Kolkata                                     Not part of SCM

                                           NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 29
3.7 STATUS OF HUMAN RESOURCES IN CITY GOVERNMENTS (1/2)
                                                                                                                                     No of employees per 1000 population

        The Directive Principle: There is need to build the capacity          20    19
        of city governments in terms of adequate and skilled
        human resources
                                                                              15
        Ÿ   At present, parastatal bodies have skills set and
            capacity to carry out functions such as urban planning,
            housing, construction of roads & bridges and water
            supply etc. and municipal corporations lack such                  10
                                                                                             8        8
            skillsets. Thus, there is a need to build capacity of
            urban local governments through regular training. The                                                6
            state government departments/parastatal bodies                                                                  5
                                                                               5                                                      4           4           4
            should work as specialised agencies under the                                                                                                               3        3        3         3
03          direction and control of municipal governments. In                                                                                                                                                2             2           2        2        2             2           2
                                                                                                                                                                                                                                                                                               1
            addition, municipal government should have authority                                                                                                                                                                                                                                        0.3
            to decide whether to carry out delivery of a function              0
            through parastatal body or outsource it to any other

                                                                                                                                                                                                           Dharamshala
                                                                                   Panaji
                                                                                            Mumbai
                                                                                                     Kolkata
                                                                                                               Warangal
                                                                                                                          Udaipur
                                                                                                                                    Ahmedabad
                                                                                                                                                Amritsar
                                                                                                                                                           Mangaluru
                                                                                                                                                                       Delhi
                                                                                                                                                                               Raipur
                                                                                                                                                                                        Lucknow
                                                                                                                                                                                                  Bhopal

                                                                                                                                                                                                                         Bhubaneswar
                                                                                                                                                                                                                                       Ranchi
                                                                                                                                                                                                                                                Kochi
                                                                                                                                                                                                                                                        Coimbatore
                                                                                                                                                                                                                                                                     Vijayawada
                                                                                                                                                                                                                                                                                  Dehradun
                                                                                                                                                                                                                                                                                             Gurugram
                                                                                                                                                                                                                                                                                                        Patna
            organisation having required expertise.

        Ÿ   Moreover, the municipal corporations should have
            adequate human resources to carry out service
            delivery and have control over recruitment of human
            resources.                                                         Note: Permanent and Contractual employees data is used for the analysis. However,
                                                                               contractual data is not available for Coimbatore, Dehradun, Gurugram and Patna.

        Highlights

        Ÿ City governments lack capacity to carry out functions as they do not have adequate qualified and skilled staff.
        Ÿ Municipal corporations from Mumbai and Kolkata have 8 employees per 1000 population to carry out delivery of service.
        Ÿ The Gurugram and Patna municipal corporation have around 1 employee to deliver services in the city area.
        Ÿ Panaji municipal corporation has 19 employees per 1000 population to deliver services in the city

                                                           NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 30
3.7 STATUS OF HUMAN RESOURCES IN CITY GOVERNMENTS (2/2)
                                                                               Percentage of Vacant Sanctioned Positions

100
          81
90

                    68
80

 70
                               51
                                         49         47
60                                                            46
                                                                       42
50
                                                                                 36
                                                                                            35          35           34          33        33        32
40
                                                                                                                                                                28

30                                                                                                                                                                        23        22
                                                                                                                                                                                                                                      03
                                                                                                                                                                                                  17        17
                                                                                                                                                                                                                       15
20                                                                                                                                                                                                                             12

 10

 0

                                                                                                     Dharamshala
        Gurugram

                   Ranchi

                            Warangal

                                       Kolkata

                                                 Vijaywada

                                                             Raipur

                                                                      Bhopal

                                                                               Amritsar

                                                                                          Dehradun

                                                                                                                   Coimbatore

                                                                                                                                Udaipur

                                                                                                                                          Mumbai

                                                                                                                                                   Mangaluru

                                                                                                                                                               Lucknow

                                                                                                                                                                         Delhi

                                                                                                                                                                                 Bhubhaneshwar

                                                                                                                                                                                                 Panaji

                                                                                                                                                                                                          Ahmedabad

                                                                                                                                                                                                                      Kochi

                                                                                                                                                                                                                              Patna
  Highlights

  Ÿ Not a single municipal corporation among 21 cities has all sanctioned positions filled.
  Ÿ Municipal Corporation of Gurugram has highest vacant positions followed by Ranchi, Warangal and Kolkata.
  Ÿ The Municipal corporations in India lack adequate human resources to deliver services to the citizens.

                                                                          NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 31
3.7 FACTOID- STATUS OF HUMAN RESOURCES IN CITY GOVERNMENTS

      State              City                                         Human Resources                               No of employees
                                                                                                                        per 1000
                                       Sanctioned                 Vacant                Vacant %     Contractual      population

      Andhra Pradesh     Vijayawada         3,254                   1,540                     47%            387           2
      Bihar              Patna                658                      82                     12%   Not available         0.3
      Chhattisgarh       Raipur               984                     457                     46%           2691           3
      Delhi              Delhi             49,737                  11,376                     23%           3078           3
      Goa                Panaji               412                      72                     17%            430           19
      Gujarat            Ahmedabad         29,663                   4,982                     17%             27           4
      Haryana            Gurugram           2,454                   1,993                     81%   Not available          1
03    Himachal Pradesh   Dharamshala          202                      71                     35%              0           2
      Jharkhand          Ranchi             1,330                    904                      68%           2124           2
      Karnataka          Mangaluru           1,725                    547                     32%            633           4
      Kerala             Kochi                715                     104                     15%            799           2
      Madhya Pradesh     Bhopal             5,686                   2,370                     42%           1298           3
      Maharashtra        Mumbai           1,45,742                 48,481                     33%           3577           8
      Odisha             Bhubaneswar        1,303                     284                     22%           1001           2
      Punjab             Amritsar           6,135                    2221                     36%            800           4
      Rajasthan          Udaipur            3,681                   1,229                     33%              0           5
      Tamil Nadu         Coimbatore         4966                    1,707                     34%   Not available          2
      Telangana          Warangal           1,509                     772                     51%           2983           6
      Uttar Pradesh      Lucknow            2,620                     737                     28%           6271           3
      Uttarakhand        Dehradun           1,501                     528                     35%   Not available          2
      West Bengal        Kolkata           45,000                 22,000                      49%         12,000           8

                                        NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 32
3.8 RECRUITMENT OF HUMAN RESOURCES IN CITY GOVERNMENTS

                                                              Uttarakhand
            Himachal Pradesh                                                                                                  The Directive Principle: City governments should have the
                                                             DEHRADUN
           DHARAMSHALA                                                                                                        authority to conduct recruitment process

                                                                                                                              Ÿ   At present, the city governments lack authority to
                                                                                                                                  recruit human resources and they are dependent upon
  Punjab                                                        Haryana                                                           state government for approval. Thus it leads to lot of
AMRITSAR                                                     GURUGRAM
                                                                                                                                  vacancies. Being urban local government, cities should
                                                                             Bihar           Jharkhand                            have the authority to recruit human resources
                                                                            PATNA            RANCHI                               whenever required to deliver services efficiently.
   Delhi
  DELHI

                                                                                                                              Highlights
 Rajasthan
 UDAIPUR                                                 Uttar Pradesh                                                                                                                     03
                                                         LUCKNOW
                                                                                                                              Ÿ Not a single municipal corporations has control over
                                                                                                                                recruitment process. Although Mumbai, Ahmedabad,
                                                                                                              West Bengal
                                                                                                                                Raipur, Bhopal and Coimbatore corporations can
                                                                                                              KOLKATA*
  Gujarat                                                                                   Chhattisgarh                        conduct recruitment process, state government is the
AHMEDABAD                               Madhya Pradesh                                       RAIPUR                             final sanction authority.
                                          BHOPAL                                                                              Ÿ In Kolkata, there is a dedicated Municipal Service
                                                                                                     Odisha
                                                                                                                                Commission to conduct recruitment process for
Maharashtra                                                                                     BHUBANESWAR
                                                                                                                                municipal corporation.
 MUMBAI
                                                                                                                              Ÿ However, municipal service commission is not under
                                                                                                                                control of municipal corporation and it reports to state
                Goa
              PANAJI                                                                                                            government.
                                                                 Andhra Pradesh         Telengana
                                                                  VIJAYAWADA           WARANGAL
                                                                                                                            Final Recruitment sanction authority

             Karnataka
                                                                                                                            State Government
                                                                    Tamil Nadu
           MANGALURU                                             COIMBATORE                                                 Recruitment process conducted by
                               Kerala                                                                                       City Government
                               KOCHI
                                                                                                                            State Government
                                                                                                                            *Municipal Service Commission

                                                                          NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 33
04

EMPOWERED AND ACCOUNTABLE
  ELECTED REPRESENTATIVES
                                   Ÿ   Empowerment of Mayor
                                   Ÿ   Empowerment of councillors
                                   Ÿ   Accountable elected representatives
                                   Ÿ   District Planning Committee

 The Directive Principles mentioned in the upcoming themes are points for deliberation and consideration as basic principles for
                        building Urban Agenda at the National Consultation on 22nd and 23rd January 2020
                                 NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 34
4.1 EMPOWERMENT OF MAYOR (1/2)

Directive Principle: There is need to empower the position of the Mayor

Ÿ   Municipal Corporations across states are headed by municipal commissioners
    who act as chief executive officers. The municipal commissioner isappointed
    by the state government. At present, the urban governance model in India
    gives executive powers in the hands of municipal commissioners and elected
    representatives are left with advisory role. The Mayor being elected
    representative and first citizen, people expect Mayor to solve existing issues in
    the city. However, Mayors only have a ceremonial role in the functioning of
    municipal corporation and lack administrative powers.

Ÿ   Thus, there is need to empower the position of Mayor. The Mayor should have
    authority to prepare annual confidential report (ACR) of municipal
    commissioner which will make the position of municipal commissioner
    accountable to the Mayor. Moreover, the position of Mayor should havea
    tenure which is co-terminus with term of office of municipal corporation. This
    will provide stability to the position of Mayor to take decisions for long term. In
    addition, Mayor should be empowered to hold administrative officials
    accountable and suspend them if required. Further, the Mayor should appoint
    the Municipal Commissioner and the State government can play an advisory
    role in the selection process.
                                                                                                                      04

                                                          NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 35
4.1 EMPOWERMENT OF MAYOR (2/2)

                 Himachal Pradesh                                  Uttarakhand
                DHARAMSHALA                                       DEHRADUN
                                                                                                                                               Highlights

                                                                     Haryana                                                                   Ÿ   Mayors from Municipal Corporations of Kerala are
                                                                  GURUGRAM                                                                         most empowered amongst all Mayors from 21 states.
       Punjab
     AMRITSAR                                                                                                                                      Mayors from Kerala have tenure of 5 years, authority
                                                                                                                                                   to prepare ACR of commissioner, suspend officials
                                                                                  Bihar          Jharkhand
                                                                                 PATNA            RANCHI
                                                                                                                                                   from corporation and possess administrative control
        Delhi                                                                                                                                      over the functioning of municipal corporations.
       DELHI                                                                                                                                   Ÿ   Mayors from Rajasthan, West Bengal are also
                                                                                                                                                   empowered to some extent and have control over
                                                                                                                                                   administration of municipal corporations.
      Rajasthan                                                                                                   West Bengal                  Ÿ   Mayors from 16 states are ceremonial head of
                                                              Uttar Pradesh                                       KOLKATA
      UDAIPUR
                                                              LUCKNOW                                                                              municipal corporations and lack administrative
                                                                                                                                                   powers.
                                                                                                                                               Ÿ   6 cities have directly elected Mayors by citizens,
                                                                                                                                                   whereas in 15 cities Mayors are indirectly elected by
       Gujarat                                                                                      Chhattisgarh
                                                                                                     RAIPUR
                                                                                                                                                   councillors.
     AHMEDABAD                               Madhya Pradesh
04                                             BHOPAL                                                                                          Ÿ   Mayors from only 6 cities namely Kochi, Udaipur,
                                                                                                                                                   Dehradun, Lucknow, Kolkata, Dharamshala have
                                                                                                         Odisha
     Maharashtra                                                                                 BHUBANESWAR                                       authority to prepare ACR of municipal commissioner.
      MUMBAI                                                                                                                                   Ÿ   Mayors from 6 states do not have stable tenure of 5
                                                                                                                                                   years.
                     Goa
                   PANAJI
                                                                      Andhra Pradesh         Telengana
                                                                       VIJAYAWADA           WARANGAL
                                                                                                                                          Mayoral System and key deliberative bodies
                                                                                                                      Election of Mayor               Indirect    Direct
                  Karnataka
                                                                         Tamil Nadu
                MANGALURU                                             COIMBATORE                                      Term of Mayor: 5 Years                        State government does not have
                                    Kerala                                                                                                                          authority to appoint, remove or
                                    KOCHI                                                                             Annual Confidential Report authority           suspend Mayor

                                                                                                                      Authority to suspend officials                 No Empowerement

                                                                               NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 36
4.2 EMPOWERMENT OF COUNCILLORS
                                                                              Honorarium/ Remuneration
            Himachal Pradesh                                  Uttarakhand
           DHARAMSHALA                                       DEHRADUN                     Yes
                                                                                                                                    Directive Principle: Councillors should be part of key
                                                                                       Allowances
                                                                                                                                    deliberative committees
                                                                                          Yes
                                                                Haryana           Member of at least one           No honorarium
                                                             GURUGRAM                                                               Ÿ   Councillors being elected representatives of people,
                                                                                  deliberative committee           and allowances
  Punjab                                                                                                                                mainly have an advisory role in the governance
                                                                                          Yes
AMRITSAR                                                                                                                                processes. There is need to ensure that councillors are
                                                                             Bihar               Jharkhand                              involved in the decision making process of the
                                                                            PATNA                RANCHI                                 municipal corporation.
   Delhi
  DELHI
                                                                                                                                    Ÿ   All Councillors should be part of at least one key
                                                                                                                                        deliberative body like standing committees, subject
                                                                                                                                        committees etc. so that they can participate in
 Rajasthan
 UDAIPUR                                                 Uttar Pradesh                                                                  decision making process, initiate proposals for
                                                         LUCKNOW                                                                        development of wards and discuss issues faced by
                                                                                                                                        people from their respective wards.
                                                                                                                     West Bengal
                                                                                                                      KOLKATA
  Gujarat                                                                                       Chhattisgarh                        Ÿ   Councillors should be entitled to honorarium, sitting
AHMEDABAD                               Madhya Pradesh                                           RAIPUR                                 allowances and should get office and staff.
                                          BHOPAL                                                                                                                                                  04
                                                                                                          Odisha
Maharashtra                                                                                         BHUBANESWAR
 MUMBAI                                                                       Telengana
                                                                            WARANGAL
                                                                                                    Highlights
                Goa
              PANAJI
                                                                 Andhra Pradesh                     Ÿ Councillors are part of at least one deliberative committee only in 6 cities of
                                                                  VIJAYAWADA                          Vijayawada, Raipur, Dharamshala, Kochi, Bhubaneswar and Udaipur out of 21
                                                                                                    Ÿ Councillors do not get honorarium in Delhi, Bhubaneswar, Lucknow, Dehradun,
             Karnataka
                                                                    Tamil Nadu                        Coimbatore.
           MANGALURU                                             COIMBATORE                         Ÿ Mumbai councillors get honorarium Rs. 25,000 which is highest among all 21 cities
                               Kerala
                                                                                                      followed by Amritsar councillors with an honorarium of Rs. 17,000.
                               KOCHI
                                                                                                    Ÿ Councillors from Ranchi get allowance for office, staff in addition to honorarium.

                                                                          NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 37
4.3 FACTOID- SUBJECT COMMITTEES

     State              City          Key Deliberative bodies               Status                            Subject Committees
                                                                                                                                                        #
                                                                                                     Provision                         Status
     Andhra Pradesh     Vijayawada    Standing Committee                    Active           11 Special Committees                     Active          Yes
     Bihar              Patna         Standing Committee                    Active          To be decided by council               Not constituted     No
     Chhattisgarh       Raipur        Mayor-in-Council                      Active           14 Advisory committees                Not constituted     Yes
     Delhi              Delhi         4 Statutory Committee                 Active           12 Special Committees                     Active          No
     Goa                Panaji        Standing Committee                    Active     3 Special consultative committees           Non-functional      No
     Gujarat            Ahmedabad     Standing Committee                    Active           11 Special Committees                     Active          No
     Haryana            Gurugram      Finance Committee                     Active          To be decided by council                      -            No
     Himachal Pradesh   Dharamshala   3 standing committees                 Active                      No                                -            Yes
     Jharkhand          Ranchi        Finance Committee                     Active                      No                                -            No
     Karnataka          Mangaluru     4 Standing committees                 Active                       -                                -            No
     Kerala             Kochi         8 Standing Committees                 Active                       -                                -            Yes
     Madhya Pradesh     Bhopal        Mayor-in-Council                      Active                      No                                -            No
04   Maharashtra        Mumbai        3 Statutory Committees                Active            6 Subject committees                     Active          No
     Odisha             Bhubaneswar   10 Standing Committees                Active                       -                                -            Yes
     Punjab             Amritsar      Finance and Contract committee        Active          To be decided by council                      -            No
     Rajasthan          Udaipur       Executive Committee                   Active           21 subject committees           Yes- irregular meetings   Yes
     Tamil Nadu         Coimbatore    6 Standing Committees                    -                         -                                -            No
     Telangana          Warangal      No                                       -                        No                                -            No
     Uttar Pradesh      Lucknow       Executive Committee                   Active            4 Special committees                 Non-functional      No
     Uttarakhand        Dehradun      Executive Committee                   Active            4 Special committees                 Non-functional      No
     West Bengal        Kolkata       Mayor-in-Council                      Active                      No                                -            No

                                                 # : All councillors are part of at least one deliberative committee- Standing/Special / Advisory committee

                                                  NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 38
4.4 FACTOID-HONORARIUM/ REMUNERATION FOR COUNCILLORS

 State              City          Honorarium/ Remuneration                                        Sitting allowance
                                         (in Rupees)                                 (per meeting)/ Other allowances (in Rupees)

 Andhra Pradesh     Vijayawada              4000                                                             100
 Bihar              Patna                   2,500                                                      1000-Office Rent
 Chhattisgarh       Raipur                  7,500                                                            350
 Delhi              Delhi                    No                                                              300
 Goa                Panaji                 10,800                                                             No
 Gujarat            Ahmedabad               14500                                                            500
 Haryana            Gurugram                15000                                                             No
 Himachal Pradesh   Dharamshala             5,500                                                             No
                                                                           5000- Office Rent, 4000- Stationary and Maintenance of office,
 Jharkhand          Ranchi                  7,000
                                                                                                   6000-Staff for councillor
 Karnataka          Mangaluru               6,000                                  200- Council Meeting and 200- Vehicle allowance
 Kerala             Kochi                  10,000                                                             50
 Madhya Pradesh     Bhopal                  6000                                                              No                          04
 Maharashtra        Mumbai                 25,000                                                            200
 Odisha             Bhubaneswar              No                          500 per council meeting and 200 per standing committee meeting
 Punjab             Amritsar                17000                                                             No
 Rajasthan          Udaipur                  3750                                                            200
 Tamil Nadu         Coimbatore               No                                                              800
 Telangana          Warangal                6000                                                              No
 Uttar Pradesh      Lucknow                  No                                                               No
 Uttarakhand        Dehradun                 No                                                               No
 West Bengal        Kolkata                10,000                                                            200

                                       NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 39
4.5 ACCOUNTABLE ELECTED REPRESENTATIVES (1/3)

        Directive Principle: Mayor and Councillors should be accountable to people and held responsible for the development
        of the city

        Ÿ   As we know, state governments are headed by chief ministers who have the ownership and adequate authority to run
            the state. So if something goes wrong with the state, CM is held accountable. Similarly, the Mayor being the head of
            city government, should have complete ownership to run the city and Mayor should be held accountable for
            development of the city. Similarly, councillors should be held responsible for the development of the wards.

        Ÿ   Municipal Houses/council, standing/subject committee meetings should be conducted on regular basis as per bye-
            laws. It is essential that appropriate bye-laws or corporation procedure rules should be in place for effective
            functioning of municipal corporations, on the lines of parliamentary/legislative procedure rules.

        Ÿ   Mayor and Councillors should attend the meetings regularly and if councillors remain absent for 3 consecutive
            council meetings or committee meetings, then council should suspend councillor's membership of council and
            committee.

        Ÿ   People should have right to recall Mayor and councillors, if their performance is not up to the mark.

04

        Highlights

        Ÿ Patna, Ranchi, Coimbatore and Warangal have bye-laws only for limited subjects.
        Ÿ 5 cities namely Panaji, Gurugram, Dharamshala, Mangaluru and Dehradun do not have corporation procedure rules in
          place.
        Ÿ In all 21 cities, Mayor can be removed from position depending upon the mode of election. If Mayor is elected by
          councillors, then councillors can pass a motion of no confidence in municipal house.
        Ÿ In Bhopal, people have right to recall Mayor after 2 years of election since Mayor is directly elected by people.
        Ÿ 5 Cities among 21 cities have provision to recall councillors if their performance is not satisfactory.

                                                           NATIONAL CONSULTATION ON URBAN GOVERNANCE I JAN 2020 I 40
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