Janaagraha Urban Governance Report for November 2009

Urban Governance for the Mumbai Metropolitan Region

Janaagraha Centre for Citizenship and Democracy Knowledge Partner to Bombay First for Urban Governance Chapter: Urban Governance For The Mumbai Metropolitan Region

Draft

1. Executive Summary 1

2. The Mumbai Metropolitan Region 13

3. Operational Challenges In Managing Mumbai 19

4. The Case For Urban Governance 21

5. Assessment And Recommendations On Urban Governance 25

6. Annexures 65

7. References 72

R - Regional Perspective The REED Framework

E - Empowering Local Governments and Citizens

E - Enabling Local Governments and Citizens

D - Direct Accountability Chapter: Executive Summary 1 Summary of recommendations

No RECOMMENDATION

1 REGIONAL SYSTEM

1.1 INCLUDE COMPLETE DISTRICTS IN METROPOLITAN AREA

1.2 FULLY EMPOWER MPC TO PRODUCE METROPOLITAN DEVELOPMENT PLAN

1.3 REVISE MPC COMPOSITION

1.4 SET UP SECTORAL COMMITEES IN MPC

1.5 PROVIDE TECHNICAL AND ADMINISTRATIVE SUPPORT FOR MPC

1.6 ESTABLISH UINFIED METROPOLITAN TRANSPORT AUTHORITY

1.7 ESTABLISH UNIFIED METROPOLITAN ENVIRONMENT AUTHORITY

1.8 ESTABLISH DIRECTORATE OF METROPOLITAN ECONOMICS AND STATISTICS

1.9 ESTABLISH METROPOLITAN SPATIAL DATA CENTRE

1.10 RESTRUCTURE MMRDA

1.11 ELIMINATE DPC AND DPDC IN ALL DISTRICTS

1.12 RECLASSIFY AND CONSOLIDATE RURAL LOCAL BODIES TO URBAN LOCAL BODIES

1.13 NOTIFY LOCAL BODIES AS SOLE PLANNING AUTHORITIES

1.14 CREATE INTEGRATED METROPOLITAN DEVELOPMENT PLAN

1.15 RETHINK CURRENT PROPOSAL ON CONCEPT PLAN FOR MMR

1.16 CHANGE LAWS RELATED TO LAND-USE PLANNING

1.17 ESTABLISHM GUARANTEED LAND TITLE SYSTEM

1.18 DECENTRALISE PLAN ENFORCEMENT SYSTEM

2 EMPOWERED LOCAL BODIES AND CITIZENS

2.1 TRANSFER PLANNING FUNCTION TO LOCAL BODIES

2.2 ESTABLISH MAYORAL SYSTEM

2.3 EMPOWER WARD COMMITTEES

2.4 ESTABLISH OFFICE OF OMBUDSMAN

2.5 ESTABLISH AREA SABHAS

2.6 STRENGTHEN CIVIL DEFENCE SYSTEM

3 ENABLED LOCAL BODIES AND CITIZENS

3.1 GIVE INDEPENDENCE TO LOCAL BODIES IN APPOINTMENTS AND RECRUITMENT

3.2 STREAMLINE DEPARTMENTAL HIRING PROCESSES

3.3 UPGRADE CAPACITIES IN URBAN MANAGEMENT AND GOVERNANCE

3.4 ESTABLISH E-GOVERNANCE SYSTEMS

3.5 ESTABLISH ROBUST GIS SYSTEM

3.6 IMPLEMENT E-PROCUREMENT SYSTEMS

3.7 CREATE COMPREHENSIVE DATABASE ON URBAN SERVICES

4 DIRECT ACCOUNTABILITY

4.1 IMPROVE ELECTORAL ACCOUNTABILITY

4.2 CREATE SINGLE WINDOW SERVICES AND STREAMLINING URBAN SERVICES

4.3 ESTABLISH CITIZEN CHARTERS

4.4 DEVELOP PARTICIPATORY PLANNING PROCESSES

4.5 PRODUCE CITIZEN CHARTERS

4.6 BUILD COMPREHENSIVE WEBSITE FOR ALL LOCAL BODIES

4.7 ESTABLISH OFFICE OF OMBUDSMAN

1 1. REGIONAL SYSTEMS 3. The state government should not have the power to confer “SPA” status for any parcel/s of 1.1 Governance Recommendation: land in the MA, and cede this process completely to the MPC and the PA/SPA bodies in the region. INCLUDE COMPLETE DISTRICTS IN METROPOLITAN Note that the setting up of the MPC in this form AREA will have implications on other existing regional structures like DPC/DPDC etc. these are referenced There should be complete districts within the MMR, in section.... This recommendation is consistent with with no fragmentation. This means that and the recommendations of the 2nd Admi nistrative Raigad districts should be re-districted to cover only Reforms Committee Report on Local Governance that territory which is inside the MMR region, and the (section 3.7.6.2.4 page 75) remaining areas of these districts falling outside the MMR should be re-allocated to other neighbouring 1.3 Governance Recommendation: districts or carved into separate districts. This will result in MMR having 4 complete districts within it REVISE MPC COMPOSITION

1.2 Governance Recommendation: Elected Members to the MPC

FULLY EMPOWER MPC TO PRODUCE METROPOLITAN The size of the MPC must be expanded to a total of DEVELOPMENT PLAN 63 members of whom 42 (2/3) are elected from the constituent local governments – rural and urban in the Specific points: MA. 1. The MPC must be fully empowered to The rural – small civic – big civic share of the 42 elected have a review function of the Master Plans members must reflect their population share in the MA. of all the PA/SPA bodies in its jurisdiction Based on the 2001 census data, these proportions are:

2. The MPC must have the authority to notify its own development plan called the “Metropolitan Category Population Number of Development Plan”) for the MA, without need to (2001) Seats submit to the State Govenrment for approval and final notification. The argument for this is stengthened Rural 12,53,160 3 by the fact that the MPC is a representative body Small 13,02,854 3 with sovereign character. It could be reasonably argued that clause (1) of Article 243 ZE merely civic states that the MPC shall be constituted “to prepare Big Civic 1,67, 31,375 36 a draft development plan for the metropolitan area as a whole”;or that clause (4) of the Article states that “The Chairperson of every MPC shall forward the development plan, as recommended by such Nominated members to the MPC Committee, to the Government of the State”. The Article itself, therefore, seems to contemplate that The number of nominated members to the MPC shall be the mandate of the Committee be limited to the 21, composed in the following manner: formulation or preparation of the Metropolitan/ 1) Chief Minister, GoM, as President of the MPC Regional Development Plan. The Plan so formulated 2) Principal Secretary Urban Development, Mumbai has to be forwarded to the Government of the State, impliedly for its approval (by the State government). Other Members: While it is true that changing Art 243ZE would be the strongest way to address this issue, the National level bodies provisions of the Constitution do not act as limits 3) Member, Mumbai Port Trust on what the State Government can empower the 4) Member, Central Railways MPC with; examples of functions of Schedule XII 5) Member, Airport Authority of itself are a case in point. Moreover, the spirit of the State level bodies act - i.e. decentralisation - requires that the MPC be 6) Commissioner, Brihanmumbai MahangarPalike , mandated with the power to notify. This position is Mumbai also consistent with ARC recommendations, and the 7) Managing Director, CIDCO Kasturirangan report for Bangalore Metropolitan 8) Member, State Pollution Control Board Governance Industry representatives

2 9) A representative from the manufacturing The purpose of these consolidation committees is to industry; consolidate the sectoral plans that emerge from the 10) A representative from the service industry lower tiers of local government in the metropolitan area including IT; that have been generated in a participatory manner, 11) A representative from Trade and Commerce; and consolidate them at the level of the Metropolitan 12) A representative from the Real Estate Area, taking into account common needs/conflicts/ Industry;Civil Society representatives dependencies etc. An important point to note on the 13) Representative of urban poor federations Sectoral Consolidation Committee on Infrastructure is 14) Representative of other NGO groups that it will include the subject of Traffic and Transport, and develop plans for this in conjunction with the Subject matter experts Unified Metropolitan Transport Authority (see section..... 15) Retired Chief Planner, MMRDA below). In addition to these Sector Consolidation 16) Professor, Indian Institute of Technology, Committees, there will be an Integration Committee, Mumbai that will consider all the recommendations submitted 17) An individual with recognized expertise in by the sector consolidation committees on intersectoral dependencies and decide upon these recommendations, Environmental affairs making appropriatemodifications. 18) An individual with expertise in education / The Integration Committee will also prepare the Draft health Metropolitan Development Plan, which will be sent to 19) An individual with expertise in urban governance the State Government for comments and suggestions, / planning and the final plan will then be placed before the MPC for approval and notification. The Integration Member Secretary of MPC Committee shall essentially function as the Executive 20) The MMRDA Commissioner, who will also be Committee of the MPC. Each of these committees will the Member-Secretary of the MPC, will be a have a Chairperson, who will be chosen from among person not below the rank ofPrincipal Secretary the Elected Representatives of the participating local governments in the MA, and not from the nominated Special Invitees and other categories members from either the Legislative Assembly or Parliament. All Members of Parliament and Members of the This is in keeping with the spirit of decentralisation that Legislative Assembly shall be Special Invitees to the the overall process envisages and is in fact a dilution MPC. The reason these representatives are not included of the recommendations of the 2nd Adiministrative as nominated members is the political reality of their Reforms Commission in its report on Local Governance presence overwhelming the role of the local elected (see section 3.1.3.4 of ARC report). Each Committee representatives in the MPC. Other categories of special will also draft relevant state government departments/ invitees can be created by the MPC, from time to time organisations/other key stakeholders into it as it deems depending on the need. Each Sector Committee of the fit. this structure for the functioning of the MPC will MPC shall also constitute subject-matter committees require a substantive administrative support, which has and co-opt members as and when required been detailed in section.... below. It is also critical to note that a credible Metrpolitan Plan can only be done if Constituting the MPC it fulfils two critical criteria: first, that it is well-integrated with the next levels of plans (Master Plans and Ward/ The State Election Commission shall be vested with the Area plans, as discussion on Plans below in Section...) authority to conduct the process of constituting the being produced by lower tiers of governments/planning MPC. authorities; and second, that it has been generated in a truly paricipatory manner. The details of how the three 1.4 Governance Recommendation: levels of plans are to be produced will require adherence to a well-defined CALENDAR of PLANNING (see page SET UP SECTORAL COMMITTEES IN MPC 72). Hence, it is critical that the MPC functioing be well defined, in order that it can fulfil its central mandate of The Planning Commission’s report titled “Manual for preparing the Metropolitan Development Plan. Integrated District Planning” recommends an institutional structure for the DPC (Section 7.6, p122). This structure 1.5 Governance Recommendation: envisages that the MPC would have the following Sector Consolidation Committees: Primary Sector, Education, PROVIDE TECHNICAL AND ADMINISTRATIVE Health, Poverty Alleviation, Infrastructure, Economic SUPPORT TO MPC Development, Planning, Regulatory Services. 1. Technical and Administrative support: MMRDA

3 should become the “Administrative and Technical instruments like congestion fees etc is in keeping with Secretariat “ of the MPC to help in the production the 2nd ARC report on local governance (section and review of various plans, both at MPC level but 5.4.4.5.15, page 269). It must be noted here that the also of local bodies and PAs/SPAs in the region. This UMTA’s role will need to be defined, recognising that means that MMRDA’s capacities and personell for ther are 3 distinct but inter-related roles: planning/ planning/technical outputs must be strenghtened. In regulations/service provision. The relationship between this role, MMRDA acts as an enabler for the MPC the UMTA and existing transport-related agencies like Regional Transport Authorities will need to be defined 2. Regulatory Role: MMRDA must be vested after taking cognisance of the desired roles played by all with responsibility of enforcing and regulating the institutions, and the need for integration. Metropolitan Development Plan, and be the appelate authority for conflict resolutions on the Master Plans for all PAs/SPAs in the region. A point to note hereis 1.7 Governance Recommendation: that the UMTA will be the regulator on issues related to transportation for the region - on this subject, ESTABLISH UNIFIED METROPOLITAN ENVIRONMENT MMRDA will work in coordination with UMTA. This AUTHORITY regulatory role of the MMRDA is being played on behalf of the MPC, given that this activity requires Given the plethora of environmental regulations, there a permanently functioning establishment (which the may be a case for the establishment of a Metropolitan MPC is not) and given that the role is only that Environment Authority that have powers suitably of a regulator rather than as that of an approval delegated by the State Government. authority, which continues to vest with the MPC 1.8 Governance Recommendation: 3. Implications of the above: Given the changed mandate of MMRDA, it is critical that MMRDA ESTABLISH DIRECTORATE OF METROPOLITAN be relieved of any functions and responsibilites ECONOMICS AND STATISTICS that conflict with the above two roles. this includes its role as an infrastructure developer The creation of a Directorate of Metropolitan Economics for the MA, as a land bank owner in the region. and Statistics, under the Department of Economics and All land parcels owned by the MMRDA must be Statistics of the State Government, with dotted-line transferred to the respective local governments reporting to each MPC in the state. the DMES will be a service provider to the ULBs in the MA on key statistics 1.6 Governance Recommendation: in each ULB - GDP by sector, employment data (jobs/ unemployment) by sector, housing starts/completions by ESTABLISH UNIFIED METROPOLITAN TRANSPORT category, births and deaths etc. it will compile this data AUTHORITY from various departments, and publish on a monthly/ quarterly basis Establish a Unified Metropolitan Transport Authority (UMTA) that can play two roles: as the technical agency 1.9 Governance Recommendation: that can help all planning bodies in the MA, and work with the MPC’s Sectoral Consolidation Committee on ESTABLISH ETROPOLITAN SPATIAL DATA CENTRE Infrastructure prepare integrated transport plans across all three tiers of government for the MA; second, as a 1. Creation of a Metropolitan Spatial Data Centre regulator on two counts - first, of the transportation (MSDC). MSDC should be a separate plans that have been approved in the Metrpolitan institution, with a direct institutional linkage Development Plan, and second, as the first level of to the MMRDA, and forms the data core of conflict resolution for the MA, between agencies the technical support that MMRDA will involved in transportation matters. In this matter, provide to the MPC for planning. the UMTA will work closely with MMRDA, given its regulatory role in the overall planning of the MA. It is 2. MSDC will be mandated to be the sole service critical that the UMTA be given sufficient human and provider for all GIS-services to all agencies/ financial resources to fulfil these responsibilities. This is departments for their needs in the MA. It will consistent with the recommendations of the 2nd ARC be responsible to : Report on Local Governance (section 5.4.4.5.15 page 269). The need to suitably empower the UMTA to •• create a central repository of spatial data for ensure integrated planning, and be given the authority the MA, that all agencies within the MA will to play a regulatory role in the use of demand control use

4 •• become the procurement agency for any GIS area of about 80 - 100 sq km, allowing for needs of any agency/dept for the MA coherent Master Planning for that area, •• set data standards and scales, consistent with consistent with the Metropolitan Development NUIS standards and other standards as Plan for the overall region (see sections .... on applicable planning outputs below). •• specify data requirements for two needs - 2. Create a “Rural-Urban Transition Area Fund planning and urban management (RUTAF)” in the State Treasury, which will •• access best talent and agencies in the public accumulate all the rural fund flows arising out of and private sectors in producing this data. various Plan schemes of Central and State Government, which the rural bodies of the A separate note on the detailing of the MSDC will be region would otherwise have been eligible for, need to be prepared. MSDC will be a joint initiative and allocate these funds to the newly constitued of both Urban Development departments and the TPs, on the basis of the original RLBs that IT departments, and will work with the DMES in the comprise each TP. These fund flows will representation of key spatial data remain for a sufficient period of time, say 10 years, so as to ensure that the distortionary 1.10 Governance Recommendation: incentives of remaining classified as ‘rural’ are removed, and the RLBs in the area do not see RESTRUCTURE MMRDA any financial disincentive to be reclassified as urban bodies. As can be seen from the above recommendations, the 3. The non-plan funds for these newly constituted role of the MMRDA is being re-designed as the Technical TPs will however be based on distribution and Administrative arm of the MPC. To this end, the formulas of Union and State Finance MMRDA’s capabilities as a metropolitan level regulator Commissions, and will come out of the urban and planner must be strengthened, but other functions share of such distributions. need to be removed, specifically those related to project implementation and land development, so as to avoid 1.13 Governance Recommendation: any conflict of interest between the roles of planner/ regulator and that of project implementer or developer. NOTIFY LOCAL BODIES AS SOLE PLANNING AUTHORITIES

1.11 Governance Recommendation: 1. The entire MA of 4355 sq km must be covered by a systematic hierarchy of Planning Authorities,

at two levels - first, for the region as a whole, ELIMINATE DPC AND DPDC IN ALL DISTRICTS OF and second, for individual local bodies. THE MMR 2. For the region as a whole, the MPC shall be the

Planning Authority vested with the preparation Eliminate the DPC and DPDC bodies for Mumbai, and notification of the Metropolitan Mumbai Sub-urban, Thane and Raigad districts, in the Development Plan newly demarcated forms as defined in section above. 3. For the second level of Master Plans, This is consistent with Section 3.7.6.2.3, page 94 of the recommendation 1.12 above will result in the ARC Report on Local Governance. entire MA being covered only by ULBs of three categories - corporations, municipal 1.12 Governance Recommendation: councils and town panchayats. Each such ULB shall be the notified Planning Authority RECLASSIFY AND CONSOLIDATE RURAL LBs TO in its jurisdiction, and the practice of SPA shall URBAN LOCAL BODES be discontinued. 4. The State Government shall not have the 1. Reclassify all rural bodies in the MA as “Town authority to notify any body as an SPA for any Panchayats”, clustered in such manner as to territory in the MA, thereby respecting the result in a coherent set of jurisdictions that are prevailing authority of PAs and MPC in the MA. based on demographic and spatial 5. All current SPA territory shall revert to appropriate considerations. This is consistent with the 74th ULBs, based on the respective jurisdictions. CAA, which defines TPs as transitional areas, 6. Each PA thus notified shall prepare Master Plans moving from a rural character to an urban (and periodic revisions for such Master Plans) character. It is estimated that no more than 25- for its jurisdiction, in a participatory manner, 50 such bodies will emerge, with an average beginning with Ward Plans, and in conjunction

5 with the Metropolitan Development Plan. (see period 2013-2033, thereby ensuring that development in sections below on plan preparation). the metropolitan area takes place in a planned manner, even as the longer-term institutional architecture is being 1.14 Governance Recommendation: established. This final institutional arrangement can then take owership over the plan outputs via a review/revision CREATE INTEGRATED METROPOLITAN process, which would be a logical timeframe since DEVELOPMENT PLAN five years would have passed by then, an appropriate window for plan revision. If the timing of this exercise 1) In order that a comprehensive, integrated, multi- were to be done such that the first set of plan outputs tiered set of plans for the MA be created, all of the were ready by March 2013, and revisions were to take above recommendations need to be put in place, since place by 2018, these dates would be synchronous with these institutional arrangements are central to the the overall Plan periods at state and national levels. development of the plans themselves. The final output This process allows for a seamless transition from the of the Metropolitan Development Plan shall consist of fragmented, dysfunctional arrangement that exists today, the following sub-plans: a)land and housing plan; b) to a coherent institutional architecture in the future. economic plan; c) physical infra plan; d) transport and connectivity pland) social infra plan; e)environment 2) The following are specific steps to be undertaken: plan. These 6 plans shall be prepared by the Sectoral Consolidation Committees defined above, with specific a. The MPC to be constituted for the MA region, responsibilities as detailed below: a)land and housing and MMRDA be notified as its technical plan by SECTORAL COMMITTEE ON PLANNING and secretariat, and regulatory authority the SECTORAL COMMITTEE ON POVERTY ALLEVIATION b. The entire MA be covered by SPAs, of in a b)economic plan by the SECTORAL COMMITTEE ON manner reflecting closely the future arrangement ECONOMIC DEVELOPMENT; c) physical infra plan by of ULBs, such that the role of each SPA will be the SECTORAL COMMITTEE ON INFRASTRUCTURE folded into the appropriate future ULB being d) transport and connectivity plan by the SECTORAL created for that area COMMITTEE ON INFRASTRUCTURE, working in c. The following plans are to be prepared by coordination with the UMTA. this is consistent with the March 2013: a Metropolitan Development Plan, view expressed by the 2nd ARC in its report on Local as well as Master Plans for each PA/SPA in the Governance, reflecting the importance of transportation region. planning to the overall land-use planning process (section d. For this, several activities will have to 5.4.4.5.15, page 269) d) social infra plan jointly by the happen in parallel, over the 3 year SECTORAL COMMITTEES ON EDUCATION AND HEALTH; period between March 2010 and March 2013: e)environment plan by the SECTORAL COMMITTEE ON REGULATIONS. This structure of mapping committees to i. Establishment of MSDC, and creation of base plan outputs will prevail for all three levels of plan outputs map of the MA ii. Each SPA to collect all relevant Sectoral Data 1) However, any set of recommendations of the iii. MPC to produce draft Metropolitan Development sweeping nature as above will require time of the order Plan of a few years to navigate through the due process iv. PA/SPA to produce draft Master Plans and of debate, followed by the necessary statutory and ward/area plans, in consultation with their legislative work, before the appropriate institutional respective constituent local bodies architecture gets established, from the grassoots up v. MPC to notify Metropolitan Development Plan, to the metropolitan level. Hence, pragmatism dictates 2012-2031 and PA/SPA Master Plans 2013-2033 that a set of interim actions be taken, as a transition by March 2013. path to the development of robust plan outputs, even as the right institutional mechanisms are created. It is e. In 2016, with the appropriate instiutional assumed that this transition period will take 5 years, architecture in place for integrated planing a sufficient window of time for all necessary changes to take place, a revision of the Master Plan to be implemented, given adequate political will and can be undertaken over a 2-year period, administrative support. Keeping this in mind, what following the detailed guidelines released follows is a set of recommendations on the production by the Planning Commission in its Manual for of plans that require a minimum set of critical Integrated District Planning, and reiterated by institutional re-organisations, realistically implementable the 2nd Administrative Reforms Commission in a timeframe of one year (November 2010). With Report on Local Governance (section 3.7.5.6 this minimal set of changes, a reasonably robust set of page 90). plan outputs can be generated by March 2013, for the

6 3) This detailed exercise will be comprehensive, for the municipal area concerned. Since the approved participatory and integrated across all Development Plans of individual ULBs will be required three levels of the planning process. to be mandatorily complying with the provisions of the sanctioned Metropolitan Development Plan (as 4) Such a process will also ensure that there is tight has been recommended herein above), compliance of integration between Plans and Annual Budgets of all the MDP provisions will be automatically ensured. institutions, from the local level to the State level 2) Development control enforcements must be strong in 1.15 Governance Recommendation: all three levels of plans in order to protect eco-sensitive, heritage, public amenities, agricultural land and land RETHINK CURRENT PROPOSAL ON CONCEPT PLAN reserved for future growth. Any change of existing urban FOR MMR land use from one to another (CLU) must have a rigorous, well defined, transparent process by which it is permitted. As being argued in this report, institutional clarity must PRECEDE the plan outputs. A sense of urgency is clearly 3) Equitable compensation policies should be defined needed to set right the challenges that Mumbai - and the to enable protection of agri and eco-sensitive land, larger metropolitan region of Mumbai - faces. However, and for any acquisiton for new developments and this sense of urgency needs to be CHANNELISED to for existing areas to provide for road networks and focus on getting consensus on a well-articulated road essential civic amenities, e.g TDRs or TP Schemes. In map to set right the urban governance system, which the case of acquisition, a fair and transparent process will then generate the right plan outputs. A misplaced should be incorporated for making the case for using sense of “urgency” in focusing on producing a concept such power in the interest of larger public good. plan will only end up generating yet another “paper” plan that has not been built upon the right institutional 4) Regularisation policy to take existing violations into foundation. It is therefore recommended that work on account, but ensure that no future violations take place the Concept Plan be held in abeyance until the right urban governance architecture for the Metropolitan 5) Enact a policy for affordable housing Area is established. As noted in Section above, this report recommends a pragmatic approach to generating 6) Develop urban design standards. plans for the region, first with the development of an interim MDP by ....., which can then be followed by the 1.17 Governance Recommendation: longer-term MDP after the recommended institutional mechanisms have been established. ESTABLISH GUARANTEED LAND TITLE SYSTEM

1.16 Governance Recommendation: Establishment of a voluntary system of Security of Title, or a Guaranteed Land Title system. It is strongly sugested CHANGE LAWS RELATED TO LAND USE PLANNING that this system not be mandatory, but voluntary, with incentives, so that over time, it emerges as the singular The following enabling land-use related laws to be system of land records as a preferred option by land created: holders, much like the demat system in the share market. This will require a special Titling Authority 1) Change in land use from agri to non-agri: currently, (Metropolitan Land TItle Authority) for the MA to be the power is given to the Revenue Authorities for established, housed either in Stamps and Regn dept, or authorizing conversion from agricultural land to non in UDD (if the latter, then with clear coordn mechanisms agricultural use in the MA. This should be changed between S&R and MLTA) 2. Transfer all revenue records by amending the Land Revenue Code, to to MLTA; 3. Provide incentives to people to transact provide that no permission of the Collector (i.e. the their conveyances via such a title system. These Revenue Authorities) shall be required for change of use recommendations on moving land management and of agricultural land located within municipal boundaries registration closer to local governments are consistent (of a Municipal Council/Corporation). The power to with the recommendations of the 2nd Administrative permit such change of land use shall appropriately Reforms Committee (section 3.3.17) vest in the respective municipal authorities (ULBs i.e. Chief Officer/ Municipal Commissioner), which shall 1.18 Governance Recommendation: grant such permission if the proposed change is in consonance with the provisions of the approved land DECENTRALISE PLAN ENFORCEMENT SYSTEM use zoning and development control regulations framed under the sanctioned Development Plan (Master Plan) There should be a 3 tier system of decentralised

7 enforcement. This consists of: ESTABLISH MAYORAL SYSTEM

1. Ward Committee as the first level of enforcement, 1. The Chairperson/Mayor of each ULB should be closest to the actual location of violations. The directly elected by popular mandate through a city- WC must be authorised to hold hearings, wide election. serve notice, recommend appropriate punitive 2. The functions of chairing the municipal action against violaters of notified plans, and council and exercising executive authority in urban steps for reversal of the violation to the ULB local government should be combined in the same 2. The ULB/SPA is the second level of enforcement, functionary i.e. Chairperson or Mayor. acting upon recommendations from the WC, 3. The Chairperson/Mayor will be the chief and as the first appelate authority to address executive of the municipal body. Executive power disputes arising out of WC decisions should vest in that functionary. 3. The MPC shall act as the third level of 4. The elected Council should perform the enforcement, acting on ULB/SPA functions of budget approval, oversight and framing recommendations, and as the appelate authority of regulations and policies. to address disputes on ULB/SPA decisions d. 5. In Mumbai, the Mayor should appoint the Any disputes that cannot be settled by MPC Mayor’s ‘Cabinet’. The members of the Cabinet can move to the judiciary should be chosen by the Mayor from the elected corporators. The Mayor’s Cabinet shall not exceed 10 2. EMPOWERED LOCAL BODIES AND per cent of the strength of the elected Corporation or CITIZENS fifteen, whichever is higher. The Cabinet will exercise executive authority on matters entrusted to them by 2.1 Governance Recommendation: the Mayor, under his overall control and direction. See 2nd ARC Report on Local Governance, section 5.2.4.3, page 219 TRANSFER PLANNING FUNCTION TO LOCAL BODIES

1. Each of the 20 ULBs in the MA must have a 2.3 Governance Recommendation: Planning Department, which even if not fully staffed, must have a critical mass to provide for the day- EMPOWER WARD COMMITTEES to-day planning and design requirementsofthe ULB, and that can also establish and oversee contractual 1. A decentralised system of urban management arrangements with external planning service providers WITHIN each ULB needs to be practiced. At the (from within or outside government) as needed heart of such a decentralised system is the functioning of appropriately empowered Ward 2. All ULB areas that are currently under Committees. the planning authority of SPA must be 2. The Model Activity Mapping document that has returned to the planning authority of the been provided by the Ministry of Urban respective ULBs within a 12-month period. Development, as an annexure to the Nagara Raj Bill, can serve as the template for the distribution 3. The Master Plans prepared by the ULBs must of functions across the tiers of ULB, Ward be prepared by the ULB, and be first submitted to Committee and Area Sabha, for each of the the MPC. Any directions given by the MPC from functions being devolved to the ULB. This the point of view of ensuring the fulfillment of ensures that Executive power is located at the requirements and imperatives of the notified MDP ULB and Ward Committee levels, while shall be complied with by the ULB concerned and the participatory and accountability mechanisms are Master Plan which fully complies with such directions created with the Area Sabha, and the link (if any) shall be approved by the ULB concerned. between the Area Sabha and the Ward This ensures compliance with the requirements of Commitees through the Area Sabha regional planning and also safeguards the power Representatives who are the members of the of the individual ULBs to approve the Master Plans Ward Committee. prepared by them without such plans being required (as is the legal requirement today) to be submitted to 2.4 Governance Recommendation: the State Government for final approval. ESTABLISH OFFICE OF OMBUDSMAN 2.2 Governance Recommendation: 1. Office of a Metropolitan Ombudsman to be constituted, to look into complaints of corruption

8 and maladministration against functionaries of given legitimate functions which can be handled at local bodies, both elected members and officials. that level. These functions could include street lighting, For this, the term ‘Public Servant’ should sanitation, water supply, drainage, road maintenance, be defined appropriately in the respective maintenance of school buildings, maintenance of local State legislations. The Ombudsman should have hospitals/dispensaries, local markets, parks, playgrounds, the authority to investigate cases and submit etc.f. Funds allocated for the functions entrusted to the report to competent authorities for taking Ward Committee should be transferred en-bloc to the action. Such competent authorities should Ward Committee. The budget proposed by the Ward normally take action as recommended. In case Committee in respect to the functions allotted to it of disagreement, reasons must be recorded in should be taken into account in formulating the overall writing and be placed in the public domain. municipal budget.g. Meetings of the Ward Committee These would require amendments in the should be widely publicised to ensure maximum citizens’ respective State Panchayat Acts and the Urban participation.h. Ward Committees should be given a Local Bodies Acts to include provisions share of the property taxes collected from the ward, pertaining to the local body Ombudsman. depending on the locality.i. The allocation of functional 2. If the State Government feels that there are responsibilities between the tiers must be clearly spelt circumstances that make it necessary to suspend out. While doing so, the principle of subsidiarity should or rescind any resolution passed by the Urban be followed. Broadly, the Area Sabha should perform Local Bodies or to dissolve or supersede them, functions similar to the Gram Sabha such as prioritising it should not do so unless the matter has been developmental activities and identifying beneficiaries referred to the Metropolitan Ombudsman and under various schemes. Keeping these recommendations the Ombudsman recommends such action. in mind, the recent amendments on citizen participation 3. If, on any occasion, the State Government is should be suitably modified and rules for the same be in possession of records or has adequate notified reasons to initiate action against the Urban Local Bodies or its elected representatives, it should 2.6 Governance Recommendation: place the records before the Metropolitan Ombudsman concerned for investigation. (See STRENGTHEN CIVIL DEFENCE SYSTEM 2nd ARC Report on Local Governance, section Implement the recommendations of the Standing Order 5.8.4, page 309) and build a network of community based policing that 4. The office of the Metropolitan Ombudsman will is integrated with the Civil Defense system and linked have to be established in such a manner as to to the local police. ensure that there will be no conflict with the existing set-up under the Lokayukta Act or 3. ENABLED LOCAL BODIES AND CITIZENS Prevention of Corruption Act. 3.1 Governance Recommendation:

2.5 Governance Recommendation: GIVE INDEPENDENCE TO LOCAL BODIES IN ESTABLISH AREA SABHAS APPOINTMENTS AND RECRUITMENT There should be three tiers of administration in urban 1. The role of the Chief executive must be local governments, except in the case of Town Panchayats, combined with the role of the Mayor/chairperson where the middle level would not be required. The tiers of the ULB should be:i. Municipal Council/Corporation (by whatever 2. The ULB must have the compelte authority to name it is called);ii. Ward Committees; andiii. Area fill all positions in the ULB administration Committees or Sabhas.c. Each Area Sabha comprising 3. As a transitional arrangement, the state all citizens in one or two (or more) polling station areas, government may offer a panel of namesfor should elect, once in five years, a small Committee of designated senior positions (e.g. Commissioner) Representatives. The Committee of Representatives to the ULB for consideration, and it must be would elect one person who would chair the meetings the ULB’s prerogative to select from this panel of the Area Sabha and would represent the Area (see 2nd. ARC report on local governance, Sabha in the relevant Ward Committee. The State may, section 5.2.5.4, page 221) by law, prescribe the procedure and other details for such election.d. Ward Committees should be set up in every Ward/Corporator’s Division, The present system 3.2 Governance Recommendation: of having more than one ward in a Ward Committee STREAMLINE DEPARTMENTAL HIRING PROCESSES needs to be given up.e. Ward Committees need to be

9 1. Establish an urban management personnel gap 6. Birth and Death for every department in each ULBin the MA within three months This can be prepared by examining best practices of 2. Create the required number of positions by e-governance sysstems already being undertaken in department for each ULB either in the form of the ULBs in the MA and integrating GoI’s initiatives on professional contract recruitment or by revision e-governance. of cadre and recruitment rules 3. Authorise the ULBs to fill the gaps in a time- 3.5 Governance Recommendation: bound, fair and transparent mannerAs a transitional arrangement, the state government ESTABLISH ROBUST GIS SYSTEM may offer a panel of namesfor designated senior positions (e.g. Commissioner) to the ULB 1) Each ULB will establish a GIS SLA with the for consideration, and it must be the ULB’s MSDC covering mutual deliverables prerogative to select from this panel (see 2nd. 2) The base map for the entire metropolitan area ARC report on local governance, section 5.2.5.4, including each ULB area will be produced and page 221) maintained by MSDC in the recommended national standards. Each ULB will generate the 3.3 Governance Recommendation: primary data relevant to its own area. This data will stored by the MSDC in the form UPGRADE CAPACITIES IN URBAN MANAGEMENT of separate spatial layers e.g. property tax, AND GOVERNANCE water distribution, etc. 3) There will be an agreed upon frequency for 1. Establishment of a State Urban Governance & updation of data, e.g. annually. Management Training facility to train both eleceted 4) Each ULB will have a web-based access to view representatives and administrators with special all data in the MSDC with updation access for capacity building programmes for women members its own layers of data. 2. State Governments should encourage local bodies to outsource specific functions to public or 3.6 Governance Recommendation: private agencies, as may be appropriate, through enabling guidelines and support. Outsourcing of IMPLEMENT E-PROCUREMENT SYSTEMS activities should be backed by development of in- house capacity for monitoring and oversight of 1. The state government to prepare standardised outsourced activities procurement documents for key urban 3. As an aid to capacity building there should infrastructure / services development activities, be documentations of case studies, best practices e.g. waste management systems, water supply, 4. State governmentsto create an Empanneled List sewerage, GIS, roads, etc, including potential PPP of Urban Practice Professional Institutions whose structures. These should be developed services can be accessed contractually by ULBs in conjunction with industry forums and other without having to go through tedious and repetitive departments that have had experience in large procurement procedures(refer 2nd ARC Report on scale procurement processes urban governance, section 3.6.16, page 72) 2. State government to empanel a list of “qualified urban infrastructure vendors” by sector who 3.4 Governance Recommendation: can be pre-qualified to bid for appropriate ULB works. This list can be periodically updated. ESTABLISH E-GOVERNANCE SYSTEMS 3.7 Governance Recommendation: The state government develops a statndard and comprehensive urban e-governance package (reuirement CREATE COMPREHENSIVE DATABASE ON URBAN specification, applications, hardware, sofware, SLAs, SERVICES AMC, etc) that contains at a minimum, the following six components 1) Each ULB will send to DMES key primary data being generated by it - building licences, births 1. Accounting and deaths etc. This will be compiled and 2. Payroll aggregated by the DMES, pulling in data from 3. Procurement and Tendering various other sources within and outside 4. Works Mgmt government 5. Property Tax

10 2) Each ULB will receive a comprehensive set of based services and other tools of modern data from DMES on a monthly/quarterly basis, technology should be used by all ULBs to bring to assist it in planning and budgeting activities, speed, transparency and accountability into for which it will pay the DMES a fee delivery of services to the citizens.

4. DIRECT ACCOUNTABILITY OF LOCAL 4.3 Governance Recommendation: BODIES TO CITIZENS ESTABLISH CITIZEN CHARTERS

4.1 Governance Recommendation: The State Government should ensure that every ULB in the MA produce Citizens’ charters within six months. IMPROVE ELECTORAL ACCOUNTABILITY These Citizen Charters should contain comprehensive

information on service levels for all urban services, 1) The task of delimitation and reservation of including specification of time limits for approvals relating constituencies should be entrusted to the State to regulatory services such as licenses and permits. The Election Commissions (SECs) charter should also specify the relief available to the 2) Local government laws in all States should citizens in case of non adherence. (See 2nd ARC Report provide for adoption of the Assembly electoral on Local Governance, section 5.4.2.10. page 243) rolls for local governments without any revision of names by SECs. For such a process to be effective it is necessary to ensure that the 4.4 Governance Recommendation: voter registration and preparation of electoral rolls by Election Commission of India is based DEVELOP PARTICIPATORY PLANNING PROCESSES on geographic contiguity. Similarly, the electoral divisions for elections to local bodies should 1) All levels of plans, from the Metropolitan follow the Building Blocks approach. (check for Development Plan to the Master Plans and Ward MA) Plans for the ULBs should be prepared along the 3) In order to achieve convergence between census lines recommended in section… above, and data and electoral rolls, the boundaries of a consistent with the Manual for Integrated ‘Part’ and an ‘Enumeration Block’ should District Planning released by the Planning coincide The SEC must in conjunction with the Commission. This envisages active citizen ECI, produce an electronic voter roll management participation through the structures of Area system that is work-flow bsed and GIS enabled, Sabhas in the grassroots, and Ward Committees and is usable as the real-time electoral roll for at the ward level. This process can only be elections of all levels of government. This is practiced after the structures are put in place, to address the high percentage of error rate and and - as recommended in section.... above, will the dynamic nature of the electoral rolls in result in true participatory planning only after urban areas 5. The conduct of elections for the 2015-2016, during revisions to the plans. elected members of Metropolitan Planning 2) Every ULB must have a Ward Plan Budget, which Committees should be entrusted to the State must be prepared in a systematic process Election Commission beginning with Area Sabha consultations, and ending with recomendations of the Ward 4.2 Governance Recommendation: Committee. The “budget calendar” described in Schedule 1 of the Nagara Raj Bill circulated CREATE SINGLE WINDOW SERVICES AND by Ministry of Urban Development, GOI, as part STREAMLINING URBAN SERVICES of JNNURM reforms, can be used as a possible template for this participatory budgeting 1) The State Government to set up an “Urban exercise Services Streamlining Task Force” made of members both from within and outside 4.5 Governance Recommendation: government, within 3 months, to examine and suggest simplification of procedures and PASS DISCLOSURE BILL AND PUBLISH PERFOMRANCE transparency in all ULB activities. STANDARDS 2) “Single-Window Service Centres”: All service providers in cities should be brought under one 1) The State Government must pass the Disclosure umbrella by establishing ‘one stop service Bill, required under JNNURM, and notify the centres’. Call centres, electronic kiosks, web necessary rules for its speedy implementation

11 within a period of three months 2) Every ULB must comply with the requirements of the Disclosure law, and publish quarterly statements of performance, including financial statements and annual audited finacial statements, as well as Standardised Service Level Benchmarks(SSLBs) as defined by MOUD, GOI. THis information must be placed on the website of the ULB

4.6 Governance Recommendation:

BUILD COMPREHENSIVE WEBSITE FOR ALL LOCAL BODIES

The State Government must pass the Disclosure Bill, required Every ULB in the MA must have a fully- functioning website, within six months, with information on all the items mentioned below:

1. Citizen charters 2. organisational chart 3. property tax information 4. current notified plans at ULB and ward levels 5. budgets for past 3 years 6. project details of works in progress 7. interactive map of ULB, with ward demarcations 8. OCMS with summary data on status on complaints 9. All above in bilingual form, Marathi and English

4.7 Governance Recommendation:

ESTABLISH OFFICE OF OMBUDSMAN

As described in the section above, the State Government to constitute the Office of a Metropolitan Ombudsman, that would look into complaints of corruption and maladministration against functionaries of local bodies, both elected members and officials.

12 Chapter: The Mumbai Metropolitan 2 Region

2.1 Key Statistics

2.1.1 Territorial Area

The territorial boundaries of the Mumbai Metropolitan Region were first notified in …and extended subsequently in 1975 with the enactment of the MMRDA Act and the establishment of MMRDA. The current boundaries of the Region encompass a total area of 4355 sq.km. and consists of the following administrative units:

1. ; 2. ; 3. Part of comprising a. Thane, , and Ulhanagar tehsils; and b. part of tehsil. 4. Part of comprising a. tehsil and b. Part of , , , Pen and tehsils.

Map 1 and 2 give a graphical representation of the MMR with key administrative jurisdictions.

13 2.1.2 Local government composition by type and area

Urban: There are 7 Municipal Corporations and 13 Municipal Councils. Municipal Coporations:

1. Municipal Corporation of Greater Mumbai/ Brihanmumbai Municipal Corporation 2. Kalyan Dombivali Municipal Corporation 3. Municipal Corporation 4. Thane Municipal Corporation 5. Municipal Corporation 6. Mira Municipal Corporation 7. Bhiwandi-Nizampur Municipal Corporation

Municipal Councils: 1. Alibag 2. Ambernath 3. Karjat 4. 5. Kulgaon- 6. 7. 8. -Manikpur 9. Panvel 10. Pen 11. Uran 12. Vasai 13.

2.1.3 Population and growth, urban and rural

Population: 188.90 lakhs (2001 census). Growth data: Annual Compound Growth Rate (ACGR) for MMR was 2.66% in the period 1991-2001. This is a decrease from 1971-81 when it was 3.59%. Of this the growth in population in the urban part of MMR from 1971-2001 has been 3% whereas in rural areas it has been stagnant.

The population of Greater Mumbai has been growing steadily from 1971-2001 in absolute number. However the ACGR for Greater Mumbai has fallen significantly from 3.28% in 1971-1981 to 1.84% in1991-2001. However the populations in Municipal Corporations such as Navi Mumbai, Kalyan-Dombivili, Mira-Bhayandar, Thane and Bhiwandi-Nizampur have been steadily increasing from 1981-2001. The share of Greater Mumbai in MMR’s population has gone form 76.63% in 1971 to 63.06% in 2001 which shows that the population growth in the rest of MMR has been at a faster rate than that in Greater Mumbai.

14 Below is a table showing the population growth of the MMR from 1971 to 2001.

$ Includes population of non-municipal Census towns of Sandor, Khoni, Kopharad, Gokhiware, Waliv, Kon, , Taloje Panchnand, , Ambivali Tarf Wankhal, alias Wasambe, Neral * Estimated + Included in Rural MMR

15 2.1.4 Trends in urban classification of land

Urban Centre Area in sqkm

1968 1983 1987 Greater Mumbai 219.16 255.01 301.29 CBD 22.13 23.13 23.13 Island City 53.48 53.48 53.48 64.80 78.75 95.43 78.75 99.65 129.25 Thane M.C. 0.36 1.48 48.11 Kalyan M.C. 1.54 25.39 74.43 Rest of MMR 8.43 20.37 75.75 TOTAL 448.65 557.26 800.87

metropolitan regional context, rather than just in the The data in the table above needs to be seen in limited perspective of the Brihan Mumbai Municipal conjunction with the information provided in Section Corporation (Municipal Corporation of Greater Mumbai) 2.1.3, which has information on the urban areas of the jurisdiction. There are several arguments that justify the Mumbai Metropolitan Region as of 2001. As can be need to have such a multi-tiered perspective of urban seen from these two sets of data, the total urbanized governance that begins at the Metropolitan level and area in the region grew from 448.65 sq km to 800.87 ends at the last mile of the ward / neighbourhood level sq km, or by 78% in the two decades between 1968 that is closest to the citizen. Some of these arguments and 1987, and by a further 44% (from 800.87sq km to are listed below: 1153.66 sq km) in the fourteen years between 1987 and 2001. a. Constitutional provisions: The 74th Constitutional Amendment Act, passed in 1993, saw the emergence It is clear that urbanisation is growing not only in terms of urban local governments as an independent tier of of population, but also in terms of share of the land government in India, completing a 3-tier federal mass in the metropolitan region. Not only is it growing, system for the country. In this Amendment, specific but this growth is increasing in absolute terms, as can reference is made to the establishment of Metropolitan be seen by the growth difference between 1968 and Planning Committees: 1987 (352.22 sq km) , and then again between 1987 “243ZE. Committee for Metropolitan planning.-(I) and 2001 (352.79 sq km), in a period that was five years There shall be constituted in every Metropolitan less in the latter case when compared to the former. area a Metropolitan Planning Committee to prepare a draft development plan for the This growth of urban areas in geographic and population Metropolitan area as a whole. terms has enormous governance implications. Clearly, a silo-based approach of thinking of urban areas as (2) The Legislature of a State may, by law, make static bodies that can be treated in isolation, separate provision with respect to- from the regions in which they are located, will result (a) the composition of the Metropolitan Planning in a myopic and irrelevant governance architecture that Committees; will be ill-equipped to deal with the stark reality of (b) the manner in which the seats in such Committees urbanisation. These facts are important cornerstones shall be filled: Provided that not less than two- of the argument for the metropolitan-based urban thirds of the members of such Committee shall governance system that are articulated in the rest of be elected by, and from amongst, the elected this report, and a reminder of the urgency with which members of the Municipalities and Chairpersons this issue needs to addressed. of the Panchayats in the Metropolitan area in proportion to the ratio between the population of 2.2 Mumbai’s Governance and the the Municipalities and of the Panchayats in that Metropolitan Region area; (c) the representation in such Committees of the In order to improve the quality of governance in Government of India and the Government of the Mumbai, it is imperative to locate it in the larger State and of such organisations and institutions as

16 may be deemed necessary for carrying out the air pollution, etc., are examples of items where one functions assigned to such Committees; city corporation or the municipality alone cannot (d) the functions relating to planning and achieve much in isolation. coordination for the Metropolitan area which may be assigned to such Committees; (e) the manner in The B.E.S.T which is part of the BMC for instance, which the Chairpersons of such Committees shall be however, competent it may be, cannot do much chosen. about public transport in Mumbai if the Ministry of Railways handling the suburban system does not (3) Every Metropolitan Planning Committee shall, subscribe to a common plan. The Government of in preparing the draft development plan,- India’s Ministry of Environment orMaharashtra’s State (a) have regard to- Pollution Control Board cannot do much to mitigate (i) the plans prepared by the Municipalities and pollution withoutBMC’s active collaboration. Above the Panchayats in the Metropolitan area; all, the maintenance of the infrastructure to keep the (ii) matters of common interest between the mighty economic machine of Mumbai going is a task Municipalities and the Panchayats, including requiring much interaction and collaboration between co-ordinated spatial planning of the the Central, State and local governments, the public area, sharing of water and other physical and the private sector, industry, commerce and the and natural resources, the integrated citizenry. The Metropolitan Planning Committee development of infrastructure and was envisaged as an inter-institutional platform environmental conservation; for similar purposes.” (iii) the overall objectives and priorities set by the Government of India and the Government c. The Jawarharlal Nehru National Urban Renewal of the State; Mission (JNNURM): Launched in 2005, JNNURM (iv) the extent and nature of investments likely is India’s largest urban initiative, aimed at improving to be made in the Metropolitan area by the quality of infrastructure and services in the agencies of the Government of India and of country’s cities, through a reform-oriented programme. the Government of the State and other Among the key mandatory reforms required of state available resources whether financial or governments is the creation and empowerment of otherwise; Metropolitan Planning Committees, as required in the (b) consult such institutions and organisations 74th Constitutional Amendment. as the Governor may, by order, specify. d. Planning Commission’s guidelines on (4) The Chairperson of every Metropolitan Decentralised Planning: In November, 2008, the Planning Committee shall forward the development Planning Commission released a Manual on Integrated plan, as recommended by such Committee, to the District Planning, to provide detailed guidelines on Government of the State.” how the process of planning can be taken up – from the regional level of the district, to the local governments b. From the report of The National Commission (urban and rural), right down to the neighbourhood of to Review the Working of the Constitution, (para the community (Gram Sabha in rural and Area Sabha in 3.19, section 3(ii), Volume2): urban areas respectively). The processes for Metropolitan Planning should be very similar to that for District “World experience has shown that devising a system Planning, as outlined in this Manual. Key comments of governance reconciling local autonomy with a from the Manual: metropolitan perspective has not been easy. Their size, the scale and complexity of problems, are “1.2.3 The Eleventh Five Year Plan has stressed that formidable. Because the tasks are numerous, multiple it is absolutely critical for the inclusiveness of our organisations for their discharge become inevitable. growth process that the large numbers of elected Besides many of these mega cities are also the seat local government representatives are fully involved of Central or State Governments and their presence in planning, implementing and supervising the is conspicuous. delivery of essential public services. Chapter 10 of the Plan, dealing with governance reform devotes While the municipal corporations or the municipalities considerable space to listing reforms required to put comprised in these agglomerations may be zealous local governments in the centre of local planning, of their respective domain, the agglomeration itself implementation and monitoring. The plan also stresses needs a metropolitan wide perspective, planning, that each district prepare a District Development advocacy and action. Sources of water, disposal of Plan that integrates plans for its constituent urban waste, traffic and transport, drainage, abatement of and rural areas, as well as sectoral allocations for

17 various schemes under the urban and rural areas. It local governments are the most appropriate level to further suggests the need for inter-related plans over create linkages and building synergies.” three timeframes: (i) perspective or structure plans (20-25 years), (ii) short-term integrated infrastructure e. Second Administrative Reforms Commission’s development plans coterminous with the National Report on Local Governance Five Year Plan, and (iii) plans of specific projects and This report makes the most comprehensive case for schemes. an urban governnace set up at the regional level of the Metropolitan Planning Committee for large urban 1.3.1 We are at a unique juncture where participative agglomerations, and provides several details that need decentralised planning is gathering momentum. to be addressed for such a governance eco-system to be Side by side, innovations in Information and successfully established. Communication Technology (ICT) have made it possible for the vision of participative planning, articulated over a long period, to be effectively implemented on a countrywide scale. The time is now ripe for grounding participative planning from the grassroots level upwards led by local governments, so that plans relevant to the local area are prepared, with local communities and their local governments gaining a strong sense of ownership. This alone will lead to better outcomes and results.

1.3.2 Participative district planning is multidimensional, and therefore calls for following a clearly organised sequence of steps to arrive at a meaningful plan. The participative district planning design process, led by local governments, needs to take numerous factors into account, the foremost being the duality that exists between the constitutional and legal aspects of the framework that governs rural and urban loca governments. The next most important feature consists of the several levels within the local government structure; the three levels of Panchayats in rural areas and the wards that exist and Area Sabhas that are envisaged under each municipality. Then comes the multiplicity of development sectors to be addressed (health, education, nutrition, sanitation, livelihoods, etc.), a variety of funding sources (Central, state, Centrally sponsored, local, etc.), an intertwined group of departmental and programmatic machinery and a broad spectrum of stakeholders, each seeking fulfillment of their own expectations (which may sometimes conflict with each other) from a district plan.

1.4 This planning handbook aims at harmonising the vertical planning process, so essential to ensure that sectoral expertise is well used, with the horizontal overall planning process, equally essential to ensure efficiency and accountability. In the context of urban planning, a multiplicity of agencies has led to segmented, fragmented and sub-optimal planning. For example, cities typically prepare a City Development Plan (CDP), Land Use Plan or Master Plan (MP), City Mobility Plan (CMP), Environment Management Plan (EMP), Housing and Habitat Plan (HHP), etc., with little reference to each other. The

18 Chapter: Operational Challenges In 3 Managing Mumbai 2

The statement “The quality of life in Mumbai is poor” resulting in compromised outcomes and negotiated is one that no stakeholder of the city will disagree with settlements. In such a system, each stakeholder becomes – citizens (rich or poor), urban administrators, elected a self-interest maximizing individual, focusing exclusively representatives, media, corporate leaders or civil society on personal priorities, exhausted by the demands that organizations. even these basic transactional challenges place on him, accepting this system and therefore resigned to the This unanimity in opinion is based primarily on two status quo. sets of perceptions: the first is the visible evidence of poor quality of urban life, both in absolute terms Seeking solutions at an operational level as well as when compared to other cities around the world. This visible evidence can be seen on a day-to- Those who seek to solve these challenges cannot be day basis, in the presence of the overwhelming number faulted for looking at the more evident, transactional of slums, the frequent flooding during the monsoons, challenges in the system. The sheer scale of problems the challenges of garbage, creaking and over-burdened even at this transactional level, and the immediate public transportation systems, poor air quality, non- benefit arising from even marginal improvements in existent public spaces and so on. these interfaces can easily justify such a focus.

A second set of perceptions arise out of transactional One way of thinking of such operational challenges experiences: a trader looking to get a license or is as at the interface between citizens and their local permit to establish a business; a citizen seeking to governments, in this case, the BMC. Essentially, there pay his property taxes; a widow attempting to get a are six different categories of citizen interface with their promised pension allowance for her deceased husband; local government: a community association wishing to participate in the choice of municipal priorities in their neighbourhood; a. Payment of taxes a multinational organization seeking to find clean title b. Payment of user charges in return for service land to invest in the city; an irate resident seeking to benefits complain about a broken water pipe. c. Procurement of licenses and permits d. Access to social welfare benefits Surprisingly, these second set of transactional challenges e. Redressal of grievances are not only for those outside government – they also f. Participation in the decision-making process exist for people within government: junior clerks in the accounts department; executive engineers in the There are enormous gaps in ensuring that these works department; IAS officers in so-called decision- interfaces are running smoothly, to the satisfaction of making roles within the municipality, but with minimal the citizens. These gaps can be thought of as having control over the actual decision-making outcomes; ward two perspectives : that of citizens and that of those corporators who have little control over even their ward within government: budgets, let alone on larger city-wide infrastructure decisions; a water utility provider who is constantly Citizen perspective being pressed to serve more and more citizens in far-flung areas, with broken distribution systems and From a citizen’s perspective, some of the reasons for minimal pricing discretion. these operational gaps are:

The cumulative result of these visible and transactional a. Structures of government challenges is the perception of a city on the verge of collapse, a daily miracle that it even survives. The net i. Lack of clarity of roles and jurisdictions of agencies: result is of a system where accountability is hard to pin often, citizens lack the basic information about how down and every transaction is fraught with friction, government is organized, so that they are often not

19 aware of which department or agency to go to, threat of transfers. Maharashtra has passed legislation what forms to fill out etc, to get a particular job that mandates minimum tenure of officers and service done. This lack of clarity is not just that citizens levels for file movement (e.g. no transfer for 3 years, no don’t have the necessary information, but that the file pending beyond 7 days etc). The purview of these information itself is complex and cumbersome. orders needs to be extended to local bodies like BMC as well. ii. Too much fragmentation: citizens often find that there are a multiplicity of agencies to go to in order b. Transparency in the system: Given the vast to get a single job done. As one government officer magnitude of transactions in the system and the put it, “ one often needs to open a hundred windows extended chain of hierarchy in the system, it is very in order to get one door opened.” difficult to ensure transparency at all levels within this hierarchy. These challenges are inherent to the system, b. Procedures of government and need to be addressed by changing business processes, and increasing the use of technology. i. Poorly designed systems that create friction: Systems that could do with simple changes to make the c. Over-centralisation of enforcement: As an citizen experience far better and simpler. For example, example, rampant building violations occur because the process of annual renewal of taxes often results enforcement is held at such a high level of centralisation in large numbers of taxpayers wanting to pay taxes that the lowest level authorities are not empowered around the same deadline (say march 31st) resulting to act. This results in two kinds of challenges – one, in long queues, waiting times and frustration. This where the rampant deviations are not even captured could easily be avoided by creating incentives for due to the proliferated nature of the problem, and two, more spread out payments through the year, so that where every decision is kicked upstairs for resolution last-minute queuing is minimized. resulting in the system getting choked and politicised. The Maharashtra Government is passing a bill on Civic ii. Archaic systems that take much longer than needed: Police, which will address this issue, and create building often procedures in government have not been beat city police with clear accountability at a grassroots updated to make them simpler and easier. An example level (resulting from a Thane PIL). of this is the process of license issuance for a variety of purposes – shops, entertainment establishments, Addressing these gaps in the day-to-day interfaces that eateries etc. citizens have with government can go a long way in relieving the operational conflicts that confront both iii. Top-down system of decision-making: our systems of citizens and those within government. government, including local government, are still very heavily top-down, with the result that even the most trivial of issues needs to be taken to the head office, resulting in enormous time delays, rent-seeking by the intermediaries, and finally, poor compliance.

Government perspective:

From the perspective of those within government, some of these gaps in citizens’ expectations can be addressed through improved processes, streamlining inter- institutional coordination, adoption of e-governance solutions, etc.

However, even within government, there are several operational and transactional challenges that need to be addressed. Unless these challenges are acknowledged and resolved, it is unlikely that citizen-facing reforms can take root. Some of these gaps are: a. Accountability of officers: officers can only held accountable for carrying out their tasks if there is minimal political interference in their day-to-day work. As one example, a key solution to this is the removal of the

20 Chapter: The Case For Urban 4 Governance

While many of the operational challenges can be e) Insufficient financial resources available to urban local solved by looking at Mumbai’s quality of life in purely bodies tactical terms – i.e. improving interactions/ awareness/ simplifying administrative procedures etc., there is merit These issues are examples that cannot be solved merely to the argument that even these changes will not by thinking of the urban “quality of life” problem address the larger issues that confront urban quality of purely in visible or transactional terms, as the previous life in the city region. chapter articulated. These challenges arise because there is something more fundamental wrong with how The operative term needs to move from “managing” our cities are run. Viewed in this perspective, the Mumbai to “governing” Mumbai, because this not approach of solving only transactional issues seems an only encompasses the function of managing but also over-simplification of the complex urban challenges that locates it in a larger context. The problems of urban confront Mumbai. governance in the Mumbai Metropolitan Region are not trivial. There are technical issues, such as urban planning, It is this perspective that can be called “Urban design and management of mass transport systems, and Governance” : analyzing Mumbai’s problems through access to such resources as water and power along with this prism of institutional arrangements and deeper their pricing and distribution. There are public finance issues helps to answer the more complex questions, issues of ensuring that the local bodies in the region get and offer answers that – while their implementation access to the resources they need to provide services may take time and political will, technical competence of acceptable quality. There are regional issues too, as and administrative skill – are the ones that will result in described in the previous chapter: how does Mumbai long-term sutainable improvements to quality of life in relate to the larger region in which it is located and Mumbai. the other local bodies in the region, and how can the relationship between these be managed? An overview of some commonly-perceived deficiencies in the management of Mumbai is as follows. Examples of gaps that arise out of these “governance” related issues include: 1. The absence of a single-point of authority for governance of the Metropolitan Region, resulting in a) Affordable housing: the lack of sufficient affordable multiplicity of authority without clarity of roles and housing is driven by a complex set of inter-related responsibilities: issues: Responsibility for the various elements of governance a. Complexity of current regulations and control on is spread over multiple agencies within the state and urban land various municipal administrations, parastatals and b. Social issues of the poor and how they are special purpose authorities resulting in a diffusion of oppressed responsibility, no clear channels of accountability and c. Challenges in enforcement, due to political lack of clarity of roles and responsibilities. interference and criminal-politician nexus 2. Overpowering Control of State Government over b) Poor urban planning that extends from the Local Government: The current arrangement, in neighbourhood to the metropolitan level which the higher-level state government has powers of decision-making on metropolitan and ULB level issues c) Weak design and implementation of urban such as urban planning, land use and development infrastructure projects, resulting in time and financial controls, violates the principal of subsidiarity. Because of costs the control of state government, decisions and policies which affect the MMR’s populace are made by the state d) Lack of opportunities for citizens to participate government little stake in the cities within the MMR rather than by the respective representative local bodies.

21 3. Lack of Citizen Participation: There is little scope for in investigation, speedy trials and delivery to justice. This public consultation and participation in decision-making, matter needs to be suitably highlighted in the Report. at both the neighborhood level over day-to-day services and local amenities, or at the city and metropolitan This last aspect of governance is related to matters that level over public amenities and planning. The Citizen’s generally fall outside the purview of what is normally Charter exists in name only and is not enforced, and termed ‘Urban Governance’. However, there is no denial there are no time limits for addressing grievances. of the criticality of these challenges to ensuring that residents of the Mumbai Metropolitan Region experience 4. Lack of Transparency and Accountability: Corruption a safe, secure and fair life. Given its importance, and is compounded by the lack of transparency on urban somewhat standalone nature from the remaining matters planning and changes in land use and development of urban governance, it is recommended that a separate control regulations. Lack of transparency limits citizens’ report on ‘Police and Judicial Governance’ be tabled. ability to hold the government accountable and often results in decisions at the government level which favour The remainder of this report will focus on what are dominant vested interests and pressure groups. considered core issues of urban governance, specifically items 1-4 listed above. While these items listed above 5. No Rule of Law and inadequate administration constitute elements of an approach to urban governance, of justice: An important aspect of governance is the it would be useful to have a systematic framework for enforcement of the Rule of Law, assurance of security urban governance which not only assists in a detailed of life and property, speedy and impartial investigation “Urban Governance Diagnostic” of what ails Mumbai of crime, and expeditious delivery of justice by the and the Mumbai Metropolitan Region, but also provides judicial system. Unfortunately, there are a plethora of coherence to the set of solutions that emerge. laws which are either not enforced at all or are enforced in a faulty or biased manner. Taking quick cognizance Such a framework for thinking about urban quality- of complaints of breach of law or commission of of-life can not only capture the day-to-day operational crime, impartial investigation into such complaints and issues, but also addresses these in the larger context of further speedy action to bring to book the defaulters/ urban governance. The challenge is to design institutions criminals are essential to instill confidence amongst the that can deal with all of these complex issues yet be citizens regarding security or their life and property and close enough to the citizen to provide local public protection against crime. goods effectively. Moreover, this needs to be done in a way that deepens democratic processes. Residents of This, however, is today not assured because the citizens Mumbai are not just consumers or producers of goods have little confidence in the impartiality, independence and services, but citizens who bring energy, vitality, and and competence of the police machinery. The police ownership to their city. force is highly politicized, vulnerable to political maneuverings, external influence and pressures. It The REED Framework is also ill-equipped to deal with challenges posed by unexpected threats, calamities or acts of terrorism. REED is an acronym for four defining aspects of Equally, our judicial system is slow and overburdened. urban governance – a Regional perspective to urban Several Commissions/ Committees and expert bodies, issues, Empowered citizens and local governments, such as The National Police Commission (Rustomjee Enabled citizens and local governments, with Direct Commission), Justice Malimath Committee and others, accountability of the government to the people. REED have examined the various cognate aspects of this addresses issues relating to systems, processes and the malaise, and have made elaborate recommendations as to institutional framework with respect to governance. the remedial legal, procedural, administrative and other While the REED aspects of governance are mostly measures that need to be taken to reform the present invisible in providing residents with an improved quality- system. The Supreme Court of India has also through of-life, it is in fact only when all four pieces of REED are its judgments/orders directed the State governments put in place, will we have a complete governance eco- to implement some specific measures, which are often system to sustain any improvements to the governance collectively referred to as Police reforms. Amendments of our cities. Following is a quick snapshot of REED to the Criminal Procedure Code, procedural changes etc framework with illustrative examples that show how for simplification and expeditious trial and disposal have the REED systems approach can solve India’s urban also been suggested. Unfortunately, the implementation challenges: of all these has been either neglected or has been extremely slow and tardy. Urgent measures are required, 1. R - Regional Perspective in particular, to free the police machinery from political domination and influence, and to ensure independence The first element of REED framework stands for taking a

22 Regional perspective when looking at urban challenges. municipalities to perform their functions effectively, they Problems of urbanization cannot be looked at in isolation. need to be enabled with the right kind of resources – The city is always a part of a larger region with many suitably qualified and skilled human resources, sufficient interconnections. In India, the district in which the city financial resources, and management support systems or town is situated is normally considered as the region. like modern technology tools such as GIS, ERP systems The rural hinterland surrounding most Indian cities is etc. an important part of the city landscape as well as its economy. Adequate and capable human resources are essential for any service agency to fulfil its obligations. India has This requires taking a regional perspective to almost all an acute shortage in the number of urban planners – aspects of urban planning and governance. For example, one for every 100,000 urban residents as compared to transportation planning for the city must be done taking one for every 5000 urban residents in USA. Even for developments in the sub-urban and regional areas into the existing planners and urban professionals, capacity consideration. Planning for solid waste management and building is the need of the hour and urban management its infrastructure (transfer points, landfills etc.) needs to sector needs to be strengthened. be done with development pattern and ecology of the entire region in mind. The poor financial state of Indian cities is not just an outcome of poor federal and state allocation, but also 2. E- Empowering Local Governments and Citizens due to poor municipal revenue collection. Most Indian cities have leveraged only a fraction of their potential Within the Mumbai Metropolitan Region, there are many to collect property taxes, and struggle with revenue local governments – corporations, and municipalities. collection for basic serves such as water supply, garbage There needs to be full decentralization, devolution of collection etc. state functions and the restructuring of local bodies and para-statal organisations, so that these local Cities also need access to modern tools and technology governments are empowered to solve the problems in of urban management in order to respond to the their respective jurisdictions. complex challenges of rapid urbanization. For example, GIS (Geographical Information Systems) is a very The 74th Constitutional Amendment dealing with powerful and most commonly used tool by urban urban decentralization lists out 18 functions (including managers across the world. However, as we will see urban planning, water supply etc.) to be carried out in the next chapter, there is very little usable GIS data by urban local bodies. But some of these functions available for the Mumbai metropolitan region, both continue to be played by state government through at the macro level and at the micro neighbourhood para-statal agencies. This has resulted in a fractured set level. Similarly, while most of the urban local bodies of responsibilities for the urban local bodies, severely in the Mumbai Metropolitan region have migrated to constraining their efforts in providing a good quality of double-entry accounting systems, this has not been fully life to urban citizens. embraced, with regular audited financial statements, service-level benchmarking and established credit rating Another important facet of this second element of the mechanisms, all of which are essential for modern day REED framework is empowering citizens. The roots of financial management. democracy in urban India need to be deepened by giving a formal voice to urban citizens in local decision making. As with local governments, citizens also need to be A formal platform for citizen participation, called as enabled with platforms, skills and tools to participate Area Sabha, at a polling booth level is not just desirable effectively. Citizens need tools that help them objectively but essential for urban governance to be effective and assess the performance of their local governments and responsive to the needs of citizens, and the passage of their elected representatives in order to take collective a Community Participation Law is a mandatory reform action. condition under JNNURM. The Maharashtra government has recently passed such a law, with some modifications 4. D – Direct Accountability to the model Nagara Raj bill that was circulated by the Union Government. The final element in the REED framework stands for Direct accountability. One of the arguments that is often made in India against decentralisation is the 3. E – Enabling Local Governments and Citizens risk of increased corruption – more number of local elected representatives, each of whom wants to extract Empowering the local governments with necessary rent for their political survival. While this argument functions is necessary but not enough. In order for the has merit, the response is not to slow down the

23 process of decentralisation, but to carry it to its logical conclusion – which is to empowered and enabled the local governments, but simultaneously make them accountable in a very rigorous manner to the citizens directly. Such direct accountability can be achieved through certain institutionalised mechanisms: first, by having inclusive and formal platforms of citizen participation such as Area Sabhas, which are essential for citizens to engage with their local governments on an ongoing basis and demand accountability. Here, participatory budgeting is a good tool for prioritization of issues by city stakeholders based on local needs. A second instrument of accountability is the Public Disclosure Law, as required under JNNURM. In this law, urban local bodies are expected to release quarterly audited financial statements of performance to the public, and also release information on key Service Level Benchmarks for services like water supply, drainage, solid waste management etc. The Public Disclosure Law is an extension of the Right to Information Act, in that it moves from the citizen asking for information, to the local body disclosing information in a suo moto manner.

Taken together, the REED framework offers a comprehensive framework of urban governance, which looks at the meta-issues of urban reform, while acknowledging the day-to-day challenges being faced both by citizens and those within government. REED also locates the solutions in a democratic context, thereby ensuring that solutions to our urban problems can result in deepening of democratic processes, even as they improve the quality of the visible aspects of urban quality of life. REED also acts as a diagnostic of what needs to be done to improve the quality of urban governance. The next chapter applies the REED framework for the Mumbai Metropolitan Region, and offers Bombay First’s key recommendations to be taken up to improve the quality of urban governance.

24 Chapter: Key Recommendations On 5 Urban Governance

SUMMARY OF RECOMMENDATIONS

The table below summarises the key recommendations based on the REED Urban Governance Framework:

No RECOMMENDATION

1 REGIONAL SYSTEM

1.1 INCLUDE COMPLETE DISTRICTS IN METROPOLITAN AREA

1.2 FULLY EMPOWER MPC TO PRODUCE METROPOLITAN DEVELOPMENT PLAN

1.3 REVISE MPC COMPOSITION

1.4 SET UP SECTORAL COMMITEES IN MPC

1.5 PROVIDE TECHNICAL AND ADMINISTRATIVE SUPPORT FOR MPC

1.6 ESTABLISH UINFIED METROPOLITAN TRANSPORT AUTHORITY

1.7 ESTABLISH UNIFIED METROPOLITAN ENVIRONMENT AUTHORITY

1.8 ESTABLISH DIRECTORATE OF METROPOLITAN ECONOMICS AND STATISTICS

1.9 ESTABLISH METROPOLITAN SPATIAL DATA CENTRE

1.10 RESTRUCTURE MMRDA

1.11 ELIMINATE DPC AND DPDC IN ALL DISTRICTS

1.12 RECLASSIFY AND CONSOLIDATE RURAL LOCAL BODIES TO URBAN LOCAL BODIES

1.13 NOTIFY LOCAL BODIES AS SOLE PLANNING AUTHORITIES

1.14 CREATE INTEGRATED METROPOLITAN DEVELOPMENT PLAN

1.15 RETHINK CURRENT PROPOSAL ON CONCEPT PLAN FOR MMR

1.16 CHANGE LAWS RELATED TO LAND-USE PLANNING

1.17 ESTABLISHM GUARANTEED LAND TITLE SYSTEM

1.18 DECENTRALISE PLAN ENFORCEMENT SYSTEM

2 EMPOWERED LOCAL BODIES AND CITIZENS

2.1 TRANSFER PLANNING FUNCTION TO LOCAL BODIES

2.2 ESTABLISH MAYORAL SYSTEM

2.3 EMPOWER WARD COMMITTEES

2.4 ESTABLISH OFFICE OF OMBUDSMAN

2.5 ESTABLISH AREA SABHAS

2.6 STRENGTHEN CIVIL DEFENCE SYSTEM

3 ENABLED LOCAL BODIES AND CITIZENS

3.1 GIVE INDEPENDENCE TO LOCAL BODIES IN APPOINTMENTS AND RECRUITMENT

3.2 STREAMLINE DEPARTMENTAL HIRING PROCESSES

3.3 UPGRADE CAPACITIES IN URBAN MANAGEMENT AND GOVERNANCE

3.4 ESTABLISH E-GOVERNANCE SYSTEMS

3.5 ESTABLISH ROBUST GIS SYSTEM

3.6 IMPLEMENT E-PROCUREMENT SYSTEMS

3.7 CREATE COMPREHENSIVE DATABASE ON URBAN SERVICES

4 DIRECT ACCOUNTABILITY

4.1 IMPROVE ELECTORAL ACCOUNTABILITY

4.2 CREATE SINGLE WINDOW SERVICES AND STREAMLINING URBAN SERVICES

4.3 ESTABLISH CITIZEN CHARTERS

4.4 DEVELOP PARTICIPATORY PLANNING PROCESSES

4.5 PRODUCE CITIZEN CHARTERS

4.6 BUILD COMPREHENSIVE WEBSITE FOR ALL LOCAL BODIES

4.7 ESTABLISH OFFICE OF OMBUDSMAN

25 As can be seen from the table, there are a total of It must be reiterated here that the issue of Police and 38 recommendations spread across the four elements Judicial reforms, which was raised in Chapter 3, is one of the REED framework: eighteen that are related to that needs urgent attention, and is not addressed in Regional aspects; six related to the Empowerment of detail in this framework of recommendations. both local bodies and citizens; seven related to Enabling local bodies and citizens; and seven related to matters DETAILED DISCUSSION OF RECOMMENDATIONS of Direct accountability of the local bodies to the citizens of their respective jurisdictions. A detailed discussion of each of the recommendations is provided in the sections below. Taken together, these 38 recommendations will help establish a comprehensive urban governance architecture 5.1 REGIONAL SYSTEM that can that all residents of the Mumbai Metropolitan Region can see the benefits of good quality of urban 5.1.1 Territory life. The MMR is made of four districts, but not all are complete districts. There are two complete districts These recommendations will address the issues that :Mumbai and Mumbai Suburban - and two incomplete confront both citizens and those within government districts - Thane and Raigad, with multiple agencies – both at a tactical level and also at the deeper level and overlapping jurisdictions: two DPCs for Thane and of institutional challenges. This approach will ensure Raigad, one MPC for the MMR that a vibrant urban governance ecosystem will be established in a manner that is sustainable and capable This situation of fragmented districts creates a governance of responding to new challenges that will confront the problem resulting in poor planning and poor delivery of region in the years to come. infrastructure and services in the region. The map below shows the incomplete districts within the MMR.

26

1.1 Governance Recommendation:

INCLUDE COMPLETE DISTRICTS IN METROPOLITAN AREA

There should be complete districts within the MMR, with no fragmentation. This means that Thane and Raigad districts should be re-districted to cover only that territory which is inside the MMR region, and the remaining areas of these districts falling outside the MMR should be re-allocated to other neighbouring districts or carved into separate districts. This will result in MMR having 4 complete districts within it

5.1.2 Institutional Structures

5.1.2.1 Metropolitan Planning Committee mandate

At the MPC level, the Constitution prescribes the development of a ‘draft development plan (DDP)’ which:(1) Requires that due attention be paid to all urban local body plans;(2) Covers all matters of common interest to municipalities and the Panchayats including the co-ordinated spatial planning;(3) Should take into consideration investment into the metropolitan region;(4) Facilitate integrated development of infrastructure and environmental conservation;

Currently, the State Govt has the authority to confer “Special Planning Authority” status for any parcel/s of land in the MA, on any institution at its discretion, over- riding the role of the existing PA.

In order for the MPC to produce a DDP that is in keeping with constitutional requirements, the following issues need to be addressed:

1) The MPC today does not have power to oversee/approve the Master Plans produced by any of the notified Planning Authorities/Special Planning Authorities in its jurisdiction. this lacuna will inhibit the MPC’s ability to perform its constitutional mandate 2) the MPC has to produce a “development plan” for the metropolitan area, but currently is required to submit this for approval to the State Government. This violates the principle of subsidiarity that is at the heart of decentralisation.

27

1.2 Governance Recommendation:

FULLY EMPOWER MPC TO PRODUCE METROPOLITAN DEVELOPMENT PLAN

Specific points:

1) The MPC must be fully empowered to have a review function of the Master Plans of all the PA/SPA bodies in its jurisdiction

2) The MPC must have the authority to notify its own development plan called the “Metropolitan Development Plan”) for the MA, without need to submit to the State Govenrment for approval and final notification. The argument for this is stengthened by the fact that the MPC is a representative body with sovereign character. It could be reasonably argued that clause (1) of Article 243 ZE merely states that the MPC shall be constituted “to prepare a draft development plan for the metropolitan area as a whole”;or that clause (4) of the Article states that “The Chairperson of every MPC shall forward the development plan, as recommended by such Committee, to the Government of the State”. The Article itself, therefore, seems to contemplate that the mandate of the Committee be limited to the formulation or preparation of the Metropolitan/Regional Development Plan. The Plan so formulated has to be forwarded to the Government of the State, impliedly for its approval (by the State government). While it is true that changing Art 243ZE would be the strongest way to address this issue, the provisions of the Constitution do not act as limits on what the State Government can empower the MPC with; examples of functions of Schedule XII itself are a case in point. Moreover, the spirit of the act - i.e. decentralisation - requires that the MPC be mandated with the power to notify. This position is also consistent with ARC recommendations, and the Kasturirangan report for Bangalore Metropolitan Governance

3) The state government should not have the power to confer “SPA” status for any parcel/s of land in the MA, and cede this process completely to the MPC and the PA/SPA bodies in the region. Note that the setting up of the MPC in this form will have implications on other existing regional structures like DPC/DPDC etc. these are referenced in section.... This recommendation is consistent with the recommendations of the 2nd Admi nistrative Reforms Committee Report on Local Governance (section 3.7.6.2.4 page 75)

5.1.2.2 MPC Composition There are 2 Government Nominated Members The gazette notification for the Mumbai Metropolitan 1.) Principle Secretary Urban Development, Mumbai Planning Committee articulates the following 2.) Divisional Commissioner, Region, Navi composition: Mumbai

Mumbai Metropolitan Planning Committee Other Members: 3.) Member Legislative Assembly, Kherwari, Mumbai Honourable Chief Minister President 4.) Member Legislative Assembly, , Mumbai Elected Members Number 5.) Commissioner, Brihanmumbai MahangarPalike , Big Civic Constituencies 26 Mumbai Small Civic Constituencies 02 6.) Commissioner, Mumbai Metropolitan Regional Rural Constituencies 02 Development Authority Total 30 7.) Managing Director, CIDCO, NAVI Mumbai

28 8.) Commissioner, Thane, Municipal Corporation, Thane 9.) Chief Officer, Vasai, Municipal Council, District Thane 10.) Chief Officer, Alibagh, Municipal Council, District Raigad 11.) Retired Chief Planner, MMRDA 12.) Professor, Indian Institute of Technology, Mumbai 13.) President, Maratha Chambers of Commerce and Industries, Mumbai 14.) Transport Planner, MMRDA

3 Special Invitee

1.) Member of Parliament, Central Mumbai 2.) Member Legislative Assembly, Trambey, Mumbai 3.) Member Legislative Assembly, , Mumbai 4.) Member Legislative Assembly, NehruNagar, Mumbai 5.) Member Legislative Assembly, Vorli, Mumbai 6.) Chair-person, Nagarrachna, Maharashtra, 7.) C.E.O, Maharashtra Jeevan Pradhikaran 8.) C.E.O, Maharashtra Industrial Development Authority 9.) C.E.O, MHADA 10.) C.E.O, Maharashtra State Electricity Board 11.) C.E.O, Maharashtra, State Road Transport Board 12.) C.E.O, State Pollution Control Board 13.) General officer Commanding, , Mumbai 14.) President, Mumbai Port Trust 15.) President, Trust, Mumbai 16.) D.G, Central Railway, Mumbai 17.) D.G, Administration, Mumbai Metropolitan Telephone Board, Mumbai 18.) Representative, Civil Aviation/Airport Authority, Mumbai 19.) Vice-Chairperson NagarRachna, Konkan Department, Mumbai

29

1.3 Governance Recommendation: REVISE MPC COMPOSITION

Elected Members to the MPC

The size of the MPC must be expanded to a total of 63 members of whom 42 (2/3) are elected from the constituent local governments – rural and urban in the MA.

The rural – small civic – big civic share of the 42 elected members must reflect their population share in the MA. Based on the 2001 census data, these proportions are:

Category Population Number of (2001) Seats Rural 12,53,160 3 Small civic 13,02,854 3 Big Civic 1,67, 31,375 36

Nominated members to the MPC The number of nominated members to the MPC shall be 21, composed in the following manner: 1) Chief Minister, GoM, as President of the MPC 2) Principal Secretary Urban Development, Mumbai

Other Members: National level bodies 3) Member, Mumbai Port Trust 4) Member, Central Railways 5) Member, Airport Authority of India

State level bodies 6) Commissioner, Brihanmumbai MahangarPalike , Mumbai 7) Managing Director, CIDCO 8) Member, State Pollution Control Board

Industry representatives 9) A representative from the manufacturing industry; 10) A representative from the service industry including IT; 11) A representative from Trade and Commerce; 12) A representative from the Real Estate Industry;Civil Society representatives 13) Representative of urban poor federations 14) Representative of other NGO groups

Subject matter experts 15) Retired Chief Planner, MMRDA 16) Professor, Indian Institute of Technology, Mumbai 17) An individual with recognized expertise in Environmental affairs 18) An individual with expertise in education / health 19) An individual with expertise in urban governance / planning

(Contd...)

30 (Contd...)

Member Secretary of MPC

20) The MMRDA Commissioner, who will also be the Member-Secretary of the MPC, will be a person not below the rank ofPrincipal Secretary

Special Invitees and other categories

All Members of Parliament and Members of the Legislative Assembly shall be Special Invitees to the MPC. The reason these representatives are not included as nominated members is the political reality of their presence overwhelming the role of the local elected representatives in the MPC. Other categories of special invitees can be created by the MPC, from time to time depending on the need. Each Sector Committee of the MPC shall also constitute subject-matter committees and co-opt members as and when required

Constituting the MPC

The State Election Commission shall be vested with the authority to conduct the process of constituting the MPC.

5.1.2.3 MPC Functioning

While an MPC for the MMA has been constituted, there is no clear mechanism for the functioning of this body

The MPC is already mandated with a complex task of preparing the draft development plan, which involves engagement with multiple stakeholders both within and outside government, and multiple technical issues to be addressed - all these need to be done in a timebound manner, for a credible, enforceable plan. Once a plan has been notified, the MPC will also need to ensure proper compliance with the plan, and that revision to the plan happen on an ongoing basis. These tasks cannot be fulfilled without a clearly laid out manner of functioning

31

1.4 Governance Recommendation:

SET UP SECTORAL COMMITTEES IN MPC

The Planning Commission’s report titled “Manual for Integrated District Planning” recommends an institutional structure for the DPC (Section 7.6, p122). This structure envisages that the MPC would have the following Sector Consolidation Committees: Primary Sector, Education, Health, Poverty Alleviation, Infrastructure, Economic Development, Planning, Regulatory Services.

The purpose of these consolidation committees is to consolidate the sectoral plans that emerge from the lower tiers of local government in the metropolitan area that have been generated in a participatory manner, and consolidate them at the level of the Metropolitan Area, taking into account common needs/conflicts/dependencies etc. An important point to note on the Sectoral Consolidation Committee on Infrastructure is that it will include the subject of Traffic and Transport, and develop plans for this in conjunction with the Unified Metropolitan Transport Authority (see section..... below). In addition to these Sector Consolidation Committees, there will be an Integration Committee, that will consider all the recommendations submitted by the sector consolidation committees on intersectoral dependencies and decide upon these recommendations, making appropriatemodifications.

The Integration Committee will also prepare the Draft Metropolitan Development Plan, which will be sent to the State Government for comments and suggestions, and the final plan will then be placed before the MPC for approval and notification. The Integration Committee shall essentially function as the Executive Committee of the MPC. Each of these committees will have a Chairperson, who will be chosen from among the Elected Representatives of the participating local governments in the MA, and not from the nominated members from either the Legislative Assembly or Parliament.

This is in keeping with the spirit of decentralisation that the overall process envisages and is in fact a dilution of the recommendations of the 2nd Adiministrative Reforms Commission in its report on Local Governance (see section 3.1.3.4 of ARC report). Each Committee will also draft relevant state government departments/organisations/other key stakeholders into it as it deems fit. this structure for the functioning of the MPC will require a substantive administrative support, which has been detailed in section.... below. It is also critical to note that a credible Metrpolitan Plan can only be done if it fulfils two critical criteria: first, that it is well-integrated with the next levels of plans (Master Plans and Ward/Area plans, as discussion on Plans below in Section...) being produced by lower tiers of governments/planning authorities; and second, that it has been generated in a truly paricipatory manner. The details of how the three levels of plans are to be produced will require adherence to a well-defined CALENDAR of PLANNING (see page 72). Hence, it is critical that the MPC functioing be well defined, in order that it can fulfil its central mandate of preparing the Metropolitan Development Plan.

32 5.1.2.4 MPC Administration Requiring the MPC to produce highly complex technical outputs like plans/budgets/projects will simply not There are no clear guidelines on the administrative/ take place without the required supporting systems. technical support for the functioning of the MPC, nor Simillarly, enforcement and regulation of plans will also any identification of appropriate institution to play such require that such authority be clearly defined and vested role. Also, there is no clear articulation of how the in institutional systems. Absence of these renders MPC MPC’s development plan will be enforced and regulated. and its outputs as toothless institutions and processes.

1.5 Governance Recommendation: PROVIDE TECHNICAL AND ADMINISTRATIVE SUPPORT TO MPC

1. Technical and Administrative support: MMRDA should become the “Administrative and Technical Secretariat “ of the MPC to help in the production and review of various plans, both at MPC level but also of local bodies and PAs/SPAs in the region. This means that MMRDA’s capacities and personell for planning/technical outputs must be strenghtened. In this role, MMRDA acts as an enabler for the MPC

2. Regulatory Role: MMRDA must be vested with responsibility of enforcing and regulating the Metropolitan Development Plan, and be the appelate authority for conflict resolutions on the Master Plans for all PAs/SPAs in the region. A point to note hereis that the UMTA will be the regulator on issues related to transportation for the region - on this subject, MMRDA will work in coordination with UMTA. This regulatory role of the MMRDA is being played on behalf of the MPC, given that this activity requires a permanently functioning establishment (which the MPC is not) and given that the role is only that of a regulator rather than as that of an approval authority, which continues to vest with the MPC

3. Implications of the above: Given the changed mandate of MMRDA, it is critical that MMRDA be relieved of any functions and responsibilites that conflict with the above two roles. this includes its role as an infrastructure developer for the MA, as a land bank owner in the region. All land parcels owned by the MMRDA must be transferred to the respective local governments

5.1.2.5 Metropolitan level Institutions – Unified The subject of Transport and Connectivity plays a Metropolitan Transport Authority vital in planning, to the extent that the entire process of planning cannot be done without an explicit and On the issue of transport alone, there are multiple separate stream of detailed technical activity on this institutions spread across all three tiers of the federal issue. Given the fragmented institutional nature of system, that are all addressing various aspects of how transport and connectivity is undertaken, there is transportation and connectivity in the MA. These include: no larger framework or coherence within which each of Union level - Railways, NHAI, Port Authority, AAI; State the individual agency’s activities/plans are located. this level - MSRDC; MSRTC; Regional Transport Authorities; has significant implications in the movement of people city traffic police; Local level - BEST, ULBs, metro rail, and goods - for economic development, for access to PPP-based players in transport sector like bus operators, livelihood, education, entertainment etc, at the entire parking lot owners, taxi and autorickshaw unions, etc. region.

33

1.6 Governance Recommendation: ESTABLISH UNIFIED METROPOLITAN TRANSPORT AUTHORITY

Establish a Unified Metropolitan Transport Authority (UMTA) that can play two roles: as the technical agency that can help all planning bodies in the MA, and work with the MPC’s Sectoral Consolidation Committee on Infrastructure prepare integrated transport plans across all three tiers of government for the MA; second, as a regulator on two counts - first, of the transportation plans that have been approved in the Metrpolitan Development Plan, and second, as the first level of conflict resolution for the MA, between agencies involved in transportation matters. In this matter, the UMTA will work closely with MMRDA, given its regulatory role in the overall planning of the MA. It is critical that the UMTA be given sufficient human and financial resources to fulfil these responsibilities. This is consistent with the recommendations of the 2nd ARC Report on Local Governance (section 5.4.4.5.15 page 269). The need to suitably empower the UMTA to ensure integrated planning, and be given the authority to play a regulatory role in the use of demand control instruments like congestion fees etc is in keeping with the 2nd ARC report on local governance (section 5.4.4.5.15, page 269). It must be noted here that the UMTA’s role will need to be defined, recognising that ther are 3 distinct but inter-related roles: planning/ regulations/service provision. The relationship between the UMTA and existing transport-related agencies like Regional Transport Authorities will need to be defined after taking cognisance of the desired roles played by all institutions, and the need for integration.

5.1.2.6 Metropolitan level Institutions – administered by multiple institutions with scattered legal Metropolitan Environment Authority authorities

A plethora of environmental regulations being

1.7 Governance Recommendation ESTABLISH UNIFIED METROPOLITAN ENVIRONMENT AUTHORITY

Given the plethora of environmental regulations, there may be a case for the establishment of a Metropolitan Environment Authority that have powers suitably delegated by the State Government.

5.1.2.7 Metropolitan level Institutions – Directorate of Metropolitan Economics and Statistics

There are no sources of credible, granular data on various key aspects of metropolitan activity.

Planning, prioritisation and critical decision-making on investments and policies are made with minimal systematic data, with long-term consequences.

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1.8 Governance Recommendation: ESTABLISH DIRECTORATE OF METROPOLITAN ECONOMICS AND STATISTICS

The creation of a Directorate of Metropolitan Economics and Statistics, under the Department of Economics and Statistics of the State Government, with dotted-line reporting to each MPC in the state. the DMES will be a service provider to the ULBs in the MA on key statistics in each ULB - GDP by sector, employment data (jobs/unemployment) by sector, housing starts/completions by category, births and deaths etc. it will compile this data from various departments, and publish on a monthly/quarterly basis

5.1.2.8 Metropolitan level – Metropolitan Spatial use of resources in preparing GIS-based data sets 2. Data Centre Inconsistency of data, given multiple sources 3. data that gets out-dated very quickly, rendering it unreliable Use of GIS-based decision-making: currently, the use for decision-making 4. Inability to merge data-sets of of GIS-based decision-making is very limited in the differnt agencies due to differing scales/standards. MA. Wherever it exists, it tends to be project-based The overall implications of these challenges is that the rather than strategic. In addition, quality of data is power of GIS to enable informed decision-making is not poor, with updation being irregular and sporadic, and harnessed on a number of fronts: in prepartion of plans, different departments using their own resources and and in urban services management like land mgmt, infrastructure to produce new sets of the same base property taxes, service monitoring in waste, water data. supply, roads etc. Hence, decision-making is rarely supported by hard-data, and succumbs to intuition and The current situation results in 3 challenges: a. inefficient anecdodal evidence

1.9 Governance Recommendation: ESTABLISH ETROPOLITAN SPATIAL DATA CENTRE

1. Creation of a Metropolitan Spatial Data Centre (MSDC). MSDC should be a separate institution, with a direct institutional linkage to the MMRDA, and forms the data core of the technical support that MMRDA will provide to the MPC for planning.

2. MSDC will be mandated to be the sole service provider for all GIS-services to all agencies/ departments for their needs in the MA. It will be responsible to :

•• create a central repository of spatial data for the MA, that all agencies within the MA will use

•• become the procurement agency for any GIS needs of any agency/dept for the MA

•• set data standards and scales, consistent with NUIS standards and other standards as applicable

•• specify data requirements for two needs - planning and urban management

•• access best talent and agencies in the public and private sectors in producing this data.

A separate note on the detailing of the MSDC will be need to be prepared. MSDC will be a joint initiative of both Urban Development departments and the IT departments, and will work with the DMES in the representation of key spatial data

35 5.1.2.9 Implications for MMRDA modified.

In light of the institutional changes being suggested above, the role of the MMRDA will have to be suitably

1.10 Governance Recommendation: RESTRUCTURE MMRDA

As can be seen from the above recommendations, the role of the MMRDA is being re-designed as the Technical and Administrative arm of the MPC. To this end, the MMRDA’s capabilities as a metropolitan level regulator and planner must be strengthened, but other functions need to be removed, specifically those related to project implementation and land development, so as to avoid any conflict of interest between the roles of planner/regulator and that of project implementer or developer.

The conflicts between these DPC/DPDC bodies are 5.1.2.10 District Planning bodies well-documented in various recommendations relating to rural decentralisation. However, in MA, there is Currently, two of the districts in the MMR, namely an additional element of unnecessary institutional and Thane and Raigad, have District Planning Committees, jurisdictional complexity created by these bodies with and also DPDCs. the requirement of the MPC as the primary and sole regional planning body

1.11 Governance Recommendation: ELIMINATE DPC AND DPDC IN ALL DISTRICTS OF THE MMR

Eliminate the DPC and DPDC bodies for Mumbai, Mumbai Sub-urban, Thane and Raigad districts, in the newly demarcated forms as defined in section above. This is consistent with Section 3.7.6.2.3, page 94 of the ARC Report on Local Governance.

5.1.2.11 Local level institutions – rural local bodies

Rural statistics in MMR: Total population: 1.08mm of 7.79mm; Area: 2886.56 sqkm out of 4355 sq km; Number of villages: 982, each with a Panchayat

The “rural” classification of territories in the MA is invalid, given the development pressures and urban domination of the metropolitan region. This characterisation as rural results in several distortions: unplanned pockets of patchy urbanisation; creeping conversion of agricultural land to non-agricultural land use (residential/commercial/ industrial); jurisdictional confusion on land records, land planning and land mgmt; land speculation and land value distortions; and skewed development resulting in pressures on natural resources

36

1.12 Governance Recommendation: RECLASSIFY AND CONSOLIDATE RURAL LBs TO URBAN LOCAL BODIES

1. Reclassify all rural bodies in the MA as “Town Panchayats”, clustered in such manner as to result in a coherent set of jurisdictions that are based on demographic and spatial considerations. This is consistent with the 74th CAA, which defines TPs as transitional areas, moving from a rural character to an urban character. It is estimated that no more than 25-50 such bodies will emerge, with an average area of about 80 - 100 sq km, allowing for coherent Master Planning for that area, consistent with the Metropolitan Development Plan for the overall region (see sections .... on planning outputs below).

2. Create a “Rural-Urban Transition Area Fund (RUTAF)” in the State Treasury, which will accumulate all the rural fund flows arising out of various Plan schemes of Central and State Government, which the rural bodies of the region would otherwise have been eligible for, and allocate these funds to the newly constitued TPs, on the basis of the original RLBs that comprise each TP. These fund flows will remain for a sufficient period of time, say 10 years, so as to ensure that the distortionary incentives of remaining classified as ‘rural’ are removed, and the RLBs in the area do not see any financial disincentive to be reclassified as urban bodies. 3. The non-plan funds for these newly constituted TPs will however be based on distribution formulas of Union and State Finance Commissions, and will come out of the urban share of such distributions.

37 5.1.2.12 Planning Authorities (PAs) and Special Planning Authorities in the MMR.

The table below on the various planning authorities

Planning Authorities in MMR No Area Plan prepared by Permissions granted by A Municipal Corporations 1 Greater Mumbai Mun. Corp. of Gr. Mumbai Mun. Corp. of Gr. Mumbai 2 Thane Thane Municipal Corp. Thane Municipal Corp. 3 Kalyan-Dombivali Kalyan Dombivali Mun. Corp. Kalyan Dombivali Mun. Corp. 4 Navi Mumbai Navi Mumbai Mun. Corp. Navi Mumbai Mun. Corp. 5 Mira Bhayander Mira Bhayander Mun. Corp. Mira Bhayander Mun. Corp. 6 Bhiwandi-Nizampur Bhiwandi-Nizampur Mun. Bhiwandi-Nizampur Mun. Corp. Corp. 7 Ulhasnagar Ulhasnagar Mun. Corp. Ulhasnagar Mun. Corp. B Municipal Councils B1 Thane District 1 Ambernath MMRDA Ambernath Mun. Council 2 Kulgaon-Badlapur MMRDA Kulgaon-Badlapur Mun. Council 3 Nallasopara CIDCO CIDCO 4 Vasai CIDCO CIDCO 5 Virar CIDCO CIDCO 6 Navghar Manikpur CIDCO CIDCO B2 Raigad District 7 Alibag Alibag Mun. Council Alibag Mun. Council 8 Karjat Karjat Mun. Council Karjat Mun. Council 9 Khopoli Khopoli Mun. Council Khopoli Mun. Council 10 Matheran Matheran Mun. Council Matheran Mun. Council 11 Panvel Panvel Mun. Council Panvel Mun. Council 12 Pen Pen Mun. Council Pen Mun. Council 13 Uran Uran Mun. Council Uran Mun. Council

38 C Special Planning Authority areas C Greater Mumbai 1 1 - Complex MMRDA MMRDA 2 Truck Terminal MMRDA MMRDA 3 Oshivara Distict Centre MMRDA MMRDA 4 Back Bay Reclamation MMRDA MMRDA Scheme 5 -Manori- MMRDA MMRDA notified area 6 Mumbai International MMRDA MMRDA Airport C Thane District 2 7 Vasai-Virar Sub-region CIDCO CIDCO 8 Ambernath, Badlapur and MMRDA MMRDA surrounding notified area 9 27 villages deleted from MMRDA MMRDA Kalyan-Dombivali Mun. Corp. 10 51 villages surrounding MMRDA MMRDA Bhiwandi-Nizampur Mun. Corp. C Raigad District 3 11 Navi Mumbai new town CIDCO CIDCO (exc. NMMC) 12 Khopta new town CIDCO CIDCO C Other designated SPA 4 areas 13 MIDC industrial areas in MIDC MIDC MMR 14 Slum SRA SRA Redevelopment Scheme 15 Navi Mumbai Special Navi Mumbai Special Economic Navi Mumbai Special Economic Economic Zone Zone Company Zone Company

39 The table below lists out the areas of each of the PA/SPAs, with overlaps in the planning jurisdictions:

Areas of constituents of MMR Area in No Constituent Sq.Km. Overlaps A Municipal Corporations 1 Greater Mumbai 467.84 E1 is part of this 2 Thane 128.23 3 Kalyan-Dombivali 65.67 4 Navi Mumbai 129.47 5 Mira Bhayander 88.75 Rest of E1-e is in this 6 Bhiwandi-Nizampur 28.31 7 Ulhasnagar 27.54 Sub-total (A) 935.81

40 41 This information reveals several gaps in planning in the their respective jurisdictions, but that none of the ULBs Metropolitan region: in Thane District prepares its plans while only 2 are permissioning authorities. This violates the requirement 1) Of the total area of 4355 sq km comprising the under the 74th CAA, which requires that the urban region, not all areas are currently under one or other planning function be transferred to ULBs. PA/SPA jurisdiction. This means that there are large swathes of area that do not have any systematic 3) It can be seen that SPAs have jurisdiction not only planning mechanism, resulting in ad-hoc approach to for areas that are not covered by ULBs, but in some development, land-use conversions, and land resource instances have been given authority in areas within utilisation. The data on urbanisation of land in the 8 existing ULB PA jurisdictions, thereby once again region shows how urbanisation is creeping across the violating the requirements under 74th CAA. region, and the only long-term solution is to ensure that there is pre-emptive planning covering the entire region 4) The State Government retains the right to unilaterally While the exact quantum of uncovered area is difficult to declare any institution as an SPA, giving it planning establish, given the paucity of data covered by all SPAs, rights over any area in the state, including in the especially of the MIDC areas, it is reasonable to estimate MA. This authority subverts the essential principles of that over 50% of the total region is not covered by any decentralisation and subsidiarity, and besides locating PA/SPA. This has significant repurcussions on sustainable enormous rent-extraction power in the hands of the development of the entire region state government, results in distortion in planning and development for the region, including starving local 2) The data shows that all 7 City Corporations are bodies of potential financial benefits accruing from the notified Planning and permissioning authorities in land-use planning authorities.

1.13 Governance Recommendation: NOTIFY LOCAL BODIES AS SOLE PLANNING AUTHORITIES

1) The entire MA of 4355 sq km must be covered by a systematic hierarchy of Planning Authorities, at two levels - first, for the region as a whole, and second, for individual local bodies.

2) For the region as a whole, the MPC shall be the Planning Authority vested with the preparation and notification of the Metropolitan Development Plan

3) For the second level of Master Plans, recommendation 1.12 above will result in the entire MA being covered only by ULBs of three categories - corporations, municipal councils and town panchayats. Each such ULB shall be the notified Planning Authority in its jurisdiction, and the practice of SPA shall be discontinued.

4) The State Government shall not have the authority to notify any body as an SPA for any territory in the MA, thereby respecting the prevailing authority of PAs and MPC in the MA.

5) All current SPA territory shall revert to appropriate ULBs, based on the respective jurisdictions.

6) Each PA thus notified shall prepare Master Plans (and periodic revisions for such Master Plans) for its jurisdiction, in a participatory manner, beginning with Ward Plans, and in conjunction with the Metropolitan Development Plan. (see sections below on plan preparation).

42 5.1. 3 Plans 3) The Structure Plan is not prepared in a participatory manner, and does not take into account the inputs of 5.1.3.1 Plan preparation: Master Plans of Planning the local bodies and various departments, with their Authorities and Special Planning Authorities priorities for development in the region; therefore there is no ownership among these agencies for the plan 1) The chart below depicts the timelines of validity of document, as they prepare their priorities and annual the notified master plans of various PAs / SPAs. All budgeting processes, which is how a plan document master plans once notified are assumed to have a 20 ought to function. This results in the plan living year validity period. Two important factors are to be primarily on paper, with no sanctity to the planning noted: first that the period of validity is not necessarily outputs 4. The plan does not factor in the economic the period for which the plan was originally prepared, impact of development controls on private property, but for 20 years from the year in which it was notified thereby creating “winners” and “losers”, who have (eg. The plan could have been prepared for a period enormous incentive to violate such plans. This results 1995 to 2015, but only notified in 2002, which means in major chunks of illegal development, which then that its period of validity is from 2002 to 2022); the have their political consequences, resulting in periodic second is that this notification does not reveal that the “regularisation” exercises. state government may notify parts of a plan at different periods of time. This fragmented notification is a fairly 4) There is no ward-level planning currently being done. frequent occurrence and is a reflection of the political Each ULB may contain some ward/zonal plans but there economy at play in the planning process. is no real planning done at the Ward level. An analysis of the timelines of notification and validity of a. The absence of ward plans results in lack of clarity the various plans, starkly highlights the disparate nature in specific demarcation of land use for various purposes of timelines of plans for all the urban local bodies. This within the broad land use classification as set out in the debilitates any attempt to synchronise the plans with Master Plan and the Metropolitan Development Plan. the larger regional plan. The recommendations of this b. Also, the absence of ward plans results in there being report indicate the preparation of a tiered planning no planning document that reflects grassroots feedback process with three plan outcomes – regional plan, on the felt sectoral needs of the local community. This local body plan, neighbourhood plan. The fragmented will vary by neighbourhood - in existing urbanised areas, timelines clearly indicate a lack of synchronization for a the community needs may require changes in FAR, in such a planned approach to the Metropolitan Region. In nature of economic ativity or service and infrastructure specific terms, the current notified plan for the MMR is requirements; by contrast, in newly urbanising wards, for the period 1996 to 2011. The master plans for the the community needs will act as a signal of future following PAs/SPAs are as follows: Greater Mumbai (1993 demands for key planning aspects like economic activity, to 2013), Navi Mumbai (1980 to(2000), Alibagh (1980 to housing social and physical infrastructure requirements 2004), Matheran (1987 to 2007), Panvel (1993 to 2013), c. The absence of ward plans means that planners dont Pen (1988to 2008), Uran (1988 t0 2008), Bandra Kurla have a planning output that is closest to communities, Complex (1979 to 1999), Navi Mumbai (1980 to 2000). which is the most flexible and responsive to changing This means that these documents exist as independent needs. Ward Plans, if prepared properly, can be revised planning outputs, rather than being interlinked with the at the greatest frequency (say annually) among the three regional plan acting as the framework for the others to tiers of plans be prepared - akin to putting the cart before the horse. There can be little value of a Metropolitan plan that is It must be noted here that these observations are not not reflected in the local plans or reflected in local plans intended to question the technical competence of the years later at the point of revision of these local plans. planning authorities in MMRDA or in the PA/SPAs, but rather to highlight the fundamental gaps in the approach 2) The Structure Plan for the MMRDA has been prepared to plan preparation, notification and enforcement. through the narrow lens of India’s current urban planning processes, i.e. primarily as a regulatory document or a development control document. This does not factor in the underlying economic developmental energies of the region, the demographic shift from rural to urban, the sustainability of the resources like water etc. The requirement under JNNURM to prepare CDP that takes socio-economic/demographic issues into consideration unfortunately does not link to the spatial vision, as reflected in a Master Plan or Structure Plan

43 44 45 1.14 Governance Recommendation: CREATE INTEGRATED METROPOLITAN DEVELOPMENT PLAN

1) In order that a comprehensive, integrated, multi-tiered set of plans for the MA be created, all of the above recommendations need to be put in place, since these institutional arrangements are central to the development of the plans themselves. The final output of the Metropolitan Development Plan shall consist of the following sub-plans: a)land and housing plan; b)economic plan; c) physical infra plan; d) transport and connectivity pland) social infra plan; e)environment plan. These 6 plans shall be prepared by the Sectoral Consolidation Committees defined above, with specific responsibilities as detailed below: a) land and housing plan by SECTORAL COMMITTEE ON PLANNING and the SECTORAL COMMITTEE ON POVERTY ALLEVIATION b)economic plan by the SECTORAL COMMITTEE ON ECONOMIC DEVELOPMENT; c) physical infra plan by the SECTORAL COMMITTEE ON INFRASTRUCTURE d) transport and connectivity plan by the SECTORAL COMMITTEE ON INFRASTRUCTURE, working in coordination with the UMTA. this is consistent with the view expressed by the 2nd ARC in its report on Local Governance, reflecting the importance of transportation planning to the overall land-use planning process (section 5.4.4.5.15, page 269) d) social infra plan jointly by the SECTORAL COMMITTEES ON EDUCATION AND HEALTH; e)environment plan by the SECTORAL COMMITTEE ON REGULATIONS. This structure of mapping committees to plan outputs will prevail for all three levels of plan outputs

2) However, any set of recommendations of the sweeping nature as above will require time of the order of a few years to navigate through the due process of debate, followed by the necessary statutory and legislative work, before the appropriate institutional architecture gets established, from the grassoots up to the metropolitan level. Hence, pragmatism dictates that a set of interim actions be taken, as a transition path to the development of robust plan outputs, even as the right institutional mechanisms are created. It is assumed that this transition period will take 5 years, a sufficient window of time for all necessary changes to be implemented, given adequate political will and administrative support. Keeping this in mind, what follows is a set of recommendations on the production of plans that require a minimum set of critical institutional re-organisations, realistically implementable in a timeframe of one year (November 2010). With this minimal set of changes, a reasonably robust set of plan outputs can be generated by March 2013, for the period 2013-2033, thereby ensuring that development in the metropolitan area takes place in a planned manner, even as the longer-term institutional architecture is being established. This final institutional arrangement can then take owership over the plan outputs via a review/ revision process, which would be a logical timeframe since five years would have passed by then, an appropriate window for plan revision. If the timing of this exercise were to be done such that the first set of plan outputs were ready by March 2013, and revisions were to take place by 2018, these dates would be synchronous with the overall Plan periods at state and national levels. This process allows for a seamless transition from the fragmented, dysfunctional arrangement that exists today, to a coherent institutional architecture in the future. (CONTD..)

46 1.14 Governance Recommendation (contd.): CREATE INTEGRATED METROPOLITAN DEVELOPMENT PLAN

3) The following are specific steps to be undertaken: a. The MPC to be constituted for the MA region, and MMRDA be notified as its technical secretariat, and regulatory authority b. The entire MA be covered by SPAs, of in a manner reflecting closely the future arrangement of ULBs, such that the role of each SPA will be folded into the appropriate future ULB being created for that area c. The following plans are to be prepared by March 2013: a Metropolitan Development Plan, as well as Master Plans for each PA/SPA in the region. d. For this, several activities will have to happen in parallel, over the 3 year period between March 2010 and March 2013: i. Establishment of MSDC, and creation of base map of the MA ii. Each SPA to collect all relevant Sectoral Data iii. MPC to produce draft Metropolitan Development Plan iv. PA/SPA to produce draft Master Plans and ward/area plans, in consultation with their respective constituent local bodies v. MPC to notify Metropolitan Development Plan, 2012-2031 and PA/SPA Master Plans 2013- 2033 by March 2013. e. In 2016, with the appropriate instiutional architecture in place for integrated planing to take place, a revision of the Master Plan can be undertaken over a 2-year period, following the detailed guidelines released by the Planning Commission in its Manual for Integrated District Planning, and reiterated by the 2nd Administrative Reforms Commission Report on Local Governance (section 3.7.5.6 page 90).

4) This detailed exercise will be comprehensive, participatory and integrated across all three levels of the planning process.

5) Such a process will also ensure that there is tight integration between Plans and Annual Budgets of all institutions, from the local level to the State level

47 48 5.1.3.1.2 Current TOR for Concept Plan for MMR the region - specifically Master Plans and neighbourhood - 2032 – 2052 plans of local bodies in the region. This issue is linked to participatory processes that require the regional plan The TOR for the Concept Plan for MMR was examined, to be a participatory plan, with involvement of the local in light of the above recommendations. The following bodies. 4. Data sources: The concept plan does not are the observations on the TOR: 1. Institutional clarity: specify critical technical parameters for aspects such as The TOR does not indicate which institution is being GIS (e.g. resolution, scale, layers of information etc); and mandated with the development of the Concept Plan, the kinds of socio-economic data needed to produce a who will notify such a plan, and which institutions robust regional plan 5. Time frame: The concept plan will be mandated with its enforcement. As per Article lays out two separate phases to the plan - upto 2032, 243ZE of the Constitution, this role has to vest with and from 2032-2052. The rationale for this 2-phased the MPC. 2. Territory: while the plan is for the MMR, approach is not clearly laid out. What is probably more it indicates that plans will only be prepared for the relevant is the need for a suitably-long duration regional various towns and cities’ in the region, rather than plan (say upto 2032), with opportunities for appropriate planning for the entire region, including all rural areas. revision to this plan every 5 years. This is inconsistent with the Constitutional requirements for the creation of a Draft Development Plan for the Any move to implement the Concept Plan in the current Metropolitan Area, what has been referred to in this manner will undermine the governance recommendations report as the Metropolitan Development Plan (MDP). 3. being made in this report. Integration of Concept Plan with other tiers of plans in

1.15 Governance Recommendation: RETHINK CURRENT PROPOSAL ON CONCEPT PLAN FOR MMR

As being argued in this report, institutional clarity must PRECEDE the plan outputs. A sense of urgency is clearly needed to set right the challenges that Mumbai - and the larger metropolitan region of Mumbai - faces. However, this sense of urgency needs to be CHANNELISED to focus on getting consensus on a well-articulated road map to set right the urban governance system, which will then generate the right plan outputs. A misplaced sense of “urgency” in focusing on producing a concept plan will only end up generating yet another “paper” plan that has not been built upon the right institutional foundation. It is therefore recommended that work on the Concept Plan be held in abeyance until the right urban governance architecture for the Metropolitan Area is established. As noted in Section above, this report recommends a pragmatic approach to generating plans for the region, first with the development of an interim MDP by ....., which can then be followed by the longer-term MDP after the recommended institutional mechanisms have been established.

49 5.1.3.2 Plan Implementation and enforcement

5.1.3.2.1 Laws related to land-use and planning

The power of conversion of agricultural land to non- agricultural land currently vests with the State Revenue Department. Under MRTP Act amendment Transfer of Development Rights have been introduced from 1991.

1.16 Governance Recommendation: CHANGE LAWS RELATED TO LAND USE PLANNING

The following enabling land-use related laws to be created:

1) Change in land use from agri to non-agri: currently, the power is given to the Revenue Authorities for authorizing conversion from agricultural land to non agricultural use in the MA. This should be changed by amending the Maharashtra Land Revenue Code, to provide that no permission of the Collector (i.e. the Revenue Authorities) shall be required for change of use of agricultural land located within municipal boundaries (of a Municipal Council/Corporation). The power to permit such change of land use shall appropriately vest in the respective municipal authorities (ULBs i.e. Chief Officer/ Municipal Commissioner), which shall grant such permission if the proposed change is in consonance with the provisions of the approved land use zoning and development control regulations framed under the sanctioned Development Plan (Master Plan) for the municipal area concerned. Since the approved Development Plans of individual ULBs will be required to be mandatorily complying with the provisions of the sanctioned Metropolitan Development Plan (as has been recommended herein above), compliance of the MDP provisions will be automatically ensured.

2) Development control enforcements must be strong in all three levels of plans in order to protect eco-sensitive, heritage, public amenities, agricultural land and land reserved for future growth. Any change of existing urban land use from one to another (CLU) must have a rigorous, well defined, transparent process by which it is permitted.

3) Equitable compensation policies should be defined to enable protection of agri and eco- sensitive land, and for any acquisiton for new developments and for existing areas to provide for road networks and essential civic amenities, e.g TDRs or TP Schemes. In the case of acquisition, a fair and transparent process should be incorporated for making the case for using such power in the interest of larger public good.

4) Regularisation policy to take existing violations into account, but ensure that no future violations take place

5) Enact a policy for affordable housing

6) Develop urban design standards.

50 5.1.3.2.2. Laws related to land ownership and 5.1.3.2.3. Plan enforcement system extents There are many challenges in plan enforcement: Currently, the records of land ownership and extents are not held in any one common authority, but held in a 1) While several provisions for enforcement exist, what is fragmented form in a variety of institutions: specifically lacking today is the will to enforce these provisions, mainly municipal authorities, state revenue department, because of external pressures – political, bureaucratic planning authorities, special planning authorities, para- and others. What is required to be instituted is a new statals like state housing board, industrial development system of enforcement, which contemplates exemplary board etc. punishment in the event any breach of these provisions is discovered and proved, and thereby to encourage In addition, the accuracy of records of transfer of voluntary self-regulation. This cannot, however, happen ownership and sub-divisioning/aggregation of existing overnight or in the short-run as it would need an land parcels is questionable. This is partly because the overall improvement in public attitude towards voluntary only requirement for land transactions and conveyancing compliance of laws and regulations in force and strict to be recorded occurs in the Stamps and Registation enforcement of the Rule of Law. Department. This record of transaction at athe Stamps and Registration Department, does not require 2) However, it must also be stated that the current plan linkages with the records of ownership held by any enforcement is over-centralised, with the result that other department that also holds information on land enforcement cannot be real-time, and hence violations ownership. As a result of which there is a mutiplicity of are widespread and with irreversible sunk costs for the often conflicting data on ownership and even challenges violaters - causing regularisation. on establishing the boundaries of ownership. 3) A second challenge of centralisation is that the This inability to confirm unquestionable rights on enforcement machinery needs to be much larger, land and immovable property results in enormous creating a capacity constraint. Due to lack of sufficient challenges for plan enforcement, implementation of staff, this capacity issue exacerbates the compliance infrastructure as per the plans, ability to use instruments gap. of compensation for acquisition of land such as TDRs, ability to provide social schemes that are dependent on 4) Centralisation also adds to the opacity of the clarity of beneficiary ownership, planning of innovative enforcement process, with little visibility at the ground development methods such as land pooling schemes level, of the process of decision-making. This results in etc. concomitant issues of corruption

1.17 Governance Recommendation: ESTABLISH GUARANTEED LAND TITLE SYSTEM

Establishment of a voluntary system of Security of Title, or a Guaranteed Land Title system. It is strongly sugested that this system not be mandatory, but voluntary, with incentives, so that over time, it emerges as the singular system of land records as a preferred option by land holders, much like the demat system in the share market. This will require a special Titling Authority (Metropolitan Land TItle Authority) for the MA to be established, housed either in Stamps and Regn dept, or in UDD (if the latter, then with clear coordn mechanisms between S&R and MLTA) 2. Transfer all revenue records to MLTA; 3. Provide incentives to people to transact their conveyances via such a title system. These recommendations on moving land management and registration closer to local governments are consistent with the recommendations of the 2nd Administrative Reforms Committee (section 3.3.17)

51 1.18 Governance Recommendation: DECENTRALISE PLAN ENFORCEMENT SYSTEM

There should be a 3 tier system of decentralised enforcement. This consists of:

1) Ward Committee as the first level of enforcement, closest to the actual location of violations. The WC must be authorised to hold hearings, serve notice, recommend appropriate punitive action against violaters of notified plans, and steps for reversal of the violation to the ULB

2) The ULB/SPA is the second level of enforcement, acting upon recommendations from the WC, and as the first appelate authority to address disputes arising out of WC decisions

3) The MPC shall act as the third level of enforcement, acting on ULB/SPA recommendations, and as the appelate authority to address disputes on ULB/SPA decisions d. Any disputes that cannot be settled by MPC can move to the judiciary

5.2 EMPOWERMENT b. At a strategic level, there are several instances where SPA nominated by the State Government have 5.2.1 Empowerment of Local Governments been given planning jurisdiction within the territory of ULBs. The unilateralauthority of the state to 5.2.1.1. Transfer of all Schedule XII functions nominate SPAs within the territory of any ULB subverts the principle of decentralisation. Maharashtra is one of a small handful of states that have transferred all functions to ULBs as per 74th CAA. 2) Water: While BMC manages its own water supply However, there are some operational gaps in how sourcing and distribution (check on sourcing and these functions are being managed, some of these are transmission), in coorporations and councils apart from described below: the BMC water is obtained from Jeevan Pradhikaran, erstwhile Maharashtra Water Supply Board. The 1) Urban Planning: there are two gaps, the first corporations/councils buy water from the JP, treat it operational and the second strategic. and supply it within their jurisdictions. The arrangement a. At an operational level, the state government’s where ULBs establish contractual arrangements with town planning dept usually seconds a team of special service providers whether these are public or private planners for drafting out the ULB plan, with the ULB is in keeping with the principles of decentralisation, so approving this plan as draft, and then submitting to long as the ULBs genuinely have negotiation power in the state government for final sanction and these contractsno ULB has planners of its own. notification. This dependency for plan preparation on a department of the state does not fully empower the 3) Fire: no ULB has been given the responsibility for the ULB. the larger issue is that planning cannot be seen as Fire Services function. a one-time exercise in preparation of a Master Plan, but a critical element in several aspects of ULB 4) Education: ULBs in Maharashtra have been delegated functioning - slum development programmes, road the function of primary education in their jurisdictions, design and development, parks and civic amenity site beyond the scope of functions listed in Schedule XII of planning, planning of markets, bus-bays, street the 74th CAA. furniture, grade separators, pedestrian walkways and so on. This results in very poor quality of urban aesthetics in a variety of urban services. At the second more strategic level, the fact that the plan has to be approved and notified by the state government essentially subverts the principle of decentralisation, rendering the ULB toothless.

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2.1 Governance Recommendation: TRANSFER PLANNING FUNCTION TO LOCAL BODIES

1) Each of the 20 ULBs in the MA must have a Planning Department, which even if not fully staffed, must have a critical mass to provide for the day-to-day planning and design requirementsofthe ULB, and that can also establish and oversee contractual arrangements with external planning service providers (from within or outside government) as needed

2) All ULB areas that are currently under the planning authority of SPA must be returned to the planning authority of the respective ULBs within a 12-month period.

3) The Master Plans prepared by the ULBs must be prepared by the ULB, and be first submitted to the MPC. Any directions given by the MPC from the point of view of ensuring the fulfillment of requirements and imperatives of the notified MDP shall be complied with by the ULB concerned and the Master Plan which fully complies with such directions (if any) shall be approved by the ULB concerned. This ensures compliance with the requirements of regional planning and also safeguards the power of the individual ULBs to approve the Master Plans prepared by them without such plans being required (as is the legal requirement today) to be submitted to the State Government for final approval.

5.2.1.2 Establshment of Mayoral system

2.2 Governance Recommendation: ESTABLISH MAYORAL SYSTEM

1) The Chairperson/Mayor of each ULB should be directly elected by popular mandate through a city-wide election.

2) The functions of chairing the municipal council and exercising executive authority in urban local government should be combined in the same functionary i.e. Chairperson or Mayor.

3) The Chairperson/Mayor will be the chief executive of the municipal body. Executive power should vest in that functionary.

4) The elected Council should perform the functions of budget approval, oversight and framing of regulations and policies.

5) In Mumbai, the Mayor should appoint the Mayor’s ‘Cabinet’. The members of the Cabinet should be chosen by the Mayor from the elected corporators. The Mayor’s Cabinet shall not exceed 10 per cent of the strength of the elected Corporation or fifteen, whichever is higher. The Cabinet will exercise executive authority on matters entrusted to them by the Mayor, under his overall control and direction. See 2nd ARC Report on Local Governance, section 5.2.4.3, page 219

53 5.2.1.4 Decentralised Urban Management any time being assigned to strategic planning system process. Empowered Ward Committees 2) Constitution of Ward Committees in Mumbai – 1) All local bodies in the metropolitan region a. Through conformity legislation, the provision suffer from an over-centralisation of administration, of the ward committees was incorporated in the MMC where decision-making is centralised in the Municipality Act in the year 1994. However the ward committees or Municipal Corporation. The BruhanMumbai City were constituted for the first time only in 2000. Corporation, for example, is divided into six zones Both state and the corporation took time to frame and twenty-four administrative wards. The zones are rules and decide the number and the jurisdiction of the administratively headed by Zonal Deputy ward committees. In accordance with the rules framed Commissioners. The Ward Officer/Assistant by the state government and the resolution passed by Commissioners are the administrative heads of the the Mumbai Corporation, sixteen ward committees ward administration. There is a representative were formally constituted in May 2000. All the officer of most of the functional departments at the councilors within the ward committee jurisdiction Ward level. However, the planning and implementation became the members of the committee. Mumbai of most of the capital works such as construction of Corporation has 227 elected councilors. On an major roads and bridges and buildings are retained average, there are fourteen to fifteen members with the Central Agencies. Water supply, drainage in each of the ward committees. The Chairperson of functions with the exception of some maintenance the ward committee is to be elected from among the works, estates management, octroi, market councilors on the particular committee. The term of development departments are kept outside the the ward committees is co-terminus with the duration ward purview. Capital works of all the engineering of the corporation. departments are handled by the Concerned Heads of the Departments and their field outfits, who b. The Municipal Acts and the government guidelines work independent of the ward control. All the major in Maharashtra provide for the nomination of three capital works are planned and executed by the Central representatives of the NGOs who have implemented Agencies under the control of Commissioner and the municipal projects in the ward. In case of Kerala, Standing Committee. They report to the Commissioner there are as many ward committees as the number through the Heads of Departments and the Deputy of councilors. Each ward committees comprises fifty and the Additional Commissioners. The Assistant members representing different occupational groups. Commissioners of the ward have no role in the planning and prioritizing the capital works, though they are 3) Financial Powers of the Ward Committees –though closer to the community and have better understanding Section 50 TT (7) (c) provide powers of granting of local needs and priorities. The implications of administrative approval to works not more than Rs. highly centralized planning, administrative and five Lakhs which is subject to the budget provision financial regime in the MCGM manifests in (From passed by the Corporation. There are similar “”Position paper on Governance, Reorganization of corresponding provisions in the other municipal the MCGM -Mumbai Transformation Project Support acts. The dependence on the budgetary allocation Unit””)”: by the corporation becomes a major limitation in the functioning and efficacy of the ward committees. a. an inefficient and poor quality of civic services, lack of accountability and lopsided and inadequate infrastructure development in suburbs and within the island city.

b. The wards being the smaller administrative units and the Assistant Commissioners being in direct interface with the people and their representatives, planning process ought to initiate at that level. While the ward level functionaries feel the pulse of the people and are accountable to them, they lack the administrative and financial competence to deliver the services accordingly.

c. Centralization at the town hall level also keeps the top management in a fire fighting mode without

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2.3 Governance Recommendation: EMPOWER WARD COMMITTEES

1) A decentralised system of urban management WITHIN each ULB needs to be practiced. At the heart of such a decentralised system is the functioning of appropriately empowered Ward Committees.

2) The Model Activity Mapping document that has been provided by the Ministry of Urban Development, as an annexure to the Nagara Raj Bill, can serve as the template for the distribution of functions across the tiers of ULB, Ward Committee and Area Sabha, for each of the functions being devolved to the ULB. This ensures that Executive power is located at the ULB and Ward Committee levels, while participatory and accountability mechanisms are created with the Area Sabha, and the link between the Area Sabha and the Ward Commitees through the Area Sabha Representatives who are the members of the Ward Committee.

5.2.1.4 Municipal finances

5.2.1.4.1 Municipal Tax Revenues

5.2.1.4.2 Municipal Non-Tax Revenues

5.2.1.4.3 Municipal borrowing

At the time of preparing this report, data on municipal finances was not readily available.

5.2.1.6 Ombudsman for ULB-State Government conflict resolution

The law governing Urban Local Bodies (ULBs) as prevalent in the State contains various provisions prescribing measures regarding governmental control over these bodies. Such controls are in the form of:

1) Necessity to seek approval of major projects by the State Government. 2) Power of the State Government to require production of documents. 3) Power of the State Government to inspect the offices or works of the ULBs. 4) Power of the State Government to issue directions to the ULBs. 5) Power of the State Government to suspend or cancel any resolution(s) passed by the ULBs. 6) Power of the State Government to dissolve or supersede the ULBs. (See 2nd ARC Report on Local Governance, section 5.8.4, page 309)

This authority of the State is in violation of the principle of subsidiarity, decentralisation, and goes against the spirit of the 74th CAA.

55

2.4 Governance Recommendation: ESTABLISH OFFICE OF OMBUDSMAN

1) Office of a Metropolitan Ombudsman to be constituted, to look into complaints of corruption and maladministration against functionaries of local bodies, both elected members and officials. For this, the term ‘Public Servant’ should be defined appropriately in the respective State legislations. The Ombudsman should have the authority to investigate cases and submit report to competent authorities for taking action. Such competent authorities should normally take action as recommended. In case of disagreement, reasons must be recorded in writing and be placed in the public domain. These would require amendments in the respective State Panchayat Acts and the Urban Local Bodies Acts to include provisions pertaining to the local body Ombudsman.

2) If the State Government feels that there are circumstances that make it necessary to suspend or rescind any resolution passed by the Urban Local Bodies or to dissolve or supersede them, it should not do so unless the matter has been referred to the Metropolitan Ombudsman and the Ombudsman recommends such action.

3) If, on any occasion, the State Government is in possession of records or has adequate reasons to initiate action against the Urban Local Bodies or its elected representatives, it should place the records before the Metropolitan Ombudsman concerned for investigation. (See 2nd ARC Report on Local Governance, section 5.8.4, page 309)

4) The office of the Metropolitan Ombudsman will have to be established in such a manner as to ensure that there will be no conflict with the existing set-up under the Lokayukta Act or Prevention of Corruption Act.

5.2.2 Empowered citizens suchlike. Here, participation is a means to an end. The second and probably greater benefit of participation 5.2.2.1 Institutional mechanism for citizen is in deepening democracy: here, participation is an participation end in itself. Democracy only works when citizens see themselves as actors in the decision-making process of One of the major weaknesses in the functioning of all government – more often, local government - engaging ULBs is the near complete absence of any mechanisms in the complex process of presenting views of varying of participation of the citizens in civic issues, ranging interest groups to each other, evaluating the possibilities, from local neighbourhood concerns to matters at the making the compromises and negotiations which are the level of the ULB itself. Current forms of participation are essence of political processes, and arriving at collective informal, ad-hoc arrangements of communities such as outcomes. (See ‘Participatory Governance in Urban Resident Welfare Associations, SHGs etc. Maharahstra India, focus on the urban poor’ Ramesh Ramanathan has recently made statutory amendments that include et al, Sep 2008) provisions of the mandatory Community Participation Law as required under JNNURM, to establish Area Sabha structures, but these are yet to be notified, and rules for the same are yet to be announced Citizen participation and citizen centricity is one of the fundamental building blocks of any democratic system. Citizen participation has two important benefits - the first being that participation has an impact on improving the quality of various urban services, by ensuring that felt needs are taken into account, that diverse views are factored and

56

2.5 Governance Recommendation: ESTABLISH AREA SABHAS

There should be three tiers of administration in urban local governments, except in the case of Town Panchayats, where the middle level would not be required. The tiers should be:i. Municipal Council/Corporation (by whatever name it is called);ii. Ward Committees; andiii. Area Committees or Sabhas.c. Each Area Sabha comprising all citizens in one or two (or more) polling station areas, should elect, once in five years, a small Committee of Representatives. The Committee of Representatives would elect one person who would chair the meetings of the Area Sabha and would represent the Area Sabha in the relevant Ward Committee. The State may, by law, prescribe the procedure and other details for such election.d. Ward Committees should be set up in every Ward/Corporator’s Division, The present system of having more than one ward in a Ward Committee needs to be given up.e. Ward Committees need to be given legitimate functions which can be handled at that level. These functions could include street lighting, sanitation, water supply, drainage, road maintenance, maintenance of school buildings, maintenance of local hospitals/dispensaries, local markets, parks, playgrounds, etc.f. Funds allocated for the functions entrusted to the Ward Committee should be transferred en-bloc to the Ward Committee. The budget proposed by the Ward Committee in respect to the functions allotted to it should be taken into account in formulating the overall municipal budget.g. Meetings of the Ward Committee should be widely publicised to ensure maximum citizens’ participation.h. Ward Committees should be given a share of the property taxes collected from the ward, depending on the locality.i. The allocation of functional responsibilities between the tiers must be clearly spelt out. While doing so, the principle of subsidiarity should be followed. Broadly, the Area Sabha should perform functions similar to the Gram Sabha such as prioritising developmental activities and identifying beneficiaries under various schemes. Keeping these recommendations in mind, the recent amendments on citizen participation should be suitably modified and rules for the same be notified

5.2.2.2 Institutional mechanism for community 2) The Civil Defence Volunteers and Wardens shall policing function on an organizational pattern co-terminus with the local police set-up There are no mechanisms for community engagement with police, and no institutionalised system of community 3) The training courses as well as methodology, policing. A recent standing order No. CD 01/2008 equipment and infrastructure shall be vastly upgraded increased the scope of Civil Defence as quoted below: “Standing Order No. CD -4 dated 21.12.2006 of 4) Standing Operational Procedures (SOPs) shall this Department is hereby partially modified and have to be developed and put into force (through supplemented in the light of recent Policy and initial Training followed by regular Field exercises) to guidelines of the Government including the Advisory deal with diverse Disaster situations like earthquakes; Committee of the Union Home Ministry on the subject continuous power blackout; nuclear, chemical or of Disaster Management and Internal Security/Terrorism biological attack; warfare (open or covert) by enemy Related Challenges and Integration of Civil Defence core countries/anti-national organizations; disease functions”. Government of GNCTD has also constituted epidemic; disruption of water supply; localized a State Disaster Management Authority where Director, terrorist bomb explosion in cinema halls/ market/bus- Civil Defence is one of the members. The salient features stops/metro and railway stations etc. SOPs will also of the new policy, which have a significant bearing on be needed to develop capacity for systematic the working of this Corps, are as follows: fieldwork for Internal Security and local level intelligence system and new Community Policing role. 1) The role of the Civil Defence Corps has been considerably enhanced and is further being integrated 5) The whole working of the Warden system shall with the State Disaster Management Authority. be upgraded in a manner that resourceful persons having highly recommended status in the local

57 community who are willing and able to provide excellent perform the function of assisting the local Police in leadership may be inducted at each and every level of the form of ‘Community Policing’ as well as new the hierarchy. Their screening, selection and performance ‘Internal Security’ role with related local intelligence review system is accordingly revised here. system.

a. Involvement of youth groups like NCC, NSS, d. As desired by the Government the principle NYKs, etc is to be incorporated into the system at of ‘private-public cooperation’ shall be adopted appropriate level. in the working of the Corps at various levels. The Wardens in charge of their respective jurisdictions b. The Non Government Organisations (NGOs), shall be primarily responsible to ensure the smooth including Resident Welfare Associations (RWAs), functioning and for the effective training, motivation, which are operating in the different Police Beat areas, equipments and performance related incentives are also to be incorporated into the day-to-day for their volunteers, by organizing local Civil Defence working at the grassroots/community level. felicitation functions, regular Inter-Zone, Inter-Division and Inter-Post competitions and prizes in cooperation c. The Civil Defence Volunteers and Wardens with with the Directorate. the cooperation of Grassroot level NGOs shall further

2.6 Governance Recommendation: STRENGTHEN CIVIL DEFENCE SYSTEM

Implement the recommendations of the Standing Order and build a network of community based policing that is integrated with the Civil Defense system and linked to the local police.

As part of police reforms - local police should be created especially in urban areas, which would in addition to investigation of small crimes attend to other police functions including traffic management, regulation of rallies, processions, meetings and local law and order problems. More police functions could be progressively brought under the supervision of local governments.

In Metropolitan areas; it is unfortunate that there is no existing mechanism, for the accountability of the police to the citizens of the city. If the police have to become ‘community-centric’, a beginning has to be made by giving some voice to the people. Metropolitan Police Authorities need to be created with representatives of State Governments, the metropolitan government and members and a select number of non partisan persons. The Authority should have powers to plan and oversee community policing, improving police-citizen interface, quality of policing, prepare annual police plans and monitor the implementation of such plans. In order to ensure that the Authority or its members do not interfere with the operational functioning of the police, it will be clearly stipulated that the chairman and members will have no executive powers and cannot inspect, call for records or ask for transfers and postings.

5.3 ENABLING LOCAL GOVERNMENTS 1) The role of Commissionr as the Chief Executive 5.3.1 Human Resources of the ULB and his/her apppointment by the state government, undermines the principle of 5.3.1.1 Independence to recruit personnel decentralisation.

The position of the Commissioner is that of the Chief 2) The authority of the state to appoint most Executive of a ULB. In addition, Commissioners for all senior management positions removes accountability ULBs are appointed by the state governement as well of these officials to the elected representatives of the as several other key senior urban management official. ULB. While several positions are directly recruited into the ULB staff, these tend to be a t junior and mid-level staff 3) The motivation of the mid-junior level staff rather than senior level administrators. This arrangement is diminished without the opportunity to have career has the following flaws: progression into senior positions.

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3.1 Governance Recommendation: GIVE INDEPENDENCE TO LOCAL BODIES IN APPOINTMENTS AND RECRUITMENT

1) The role of the Chief executive must be combined with the role of the Mayor/chairperson of the ULB

2) The ULB must have the compelte authority to fill all positions in the ULB administration

3) As a transitional arrangement, the state government may offer a panel of namesfor designated senior positions (e.g. Commissioner) to the ULB for consideration, and it must be the ULB’s prerogative to select from this panel (see 2nd. ARC report on local governance, section 5.2.5.4, page 221)

5.3.1.2 Filling key positions in ULBs readily available for international standards but need to be developed for India. In the absence of both data No assessment can be made of the current gaps in urban and benchmarks on personnel it is hard to estimate the management Personnel since either the information is true human resource gap confronting ULBs. Anecdotal available at the ULB level or at the state level for ULBs. evidence suggests that these gaps are enormous in Repeated requests for the data have not borne fruit, every area of urban service delivery and are amongst leading to the conclusion that such data simply doesn’t the central bottle-necks in the development of urban exist and therefore not been used in the past either. infrastructure and the delivery of good quality urban services. The details of how to ensure availability of There are no benchmarks on personnel requirement adequate skilled manpower will require much attention, for ULBs by department. For example: number of and have not been addressed in due detail in this report. planners/I lakh of urban population. Such figures are A separate HR report is required. 3.2 Governance Recommendation: STREAMLINE DEPARTMENTAL HIRING PROCESSES

1) Establish an urban management personnel gap for every department in each ULBin the MA within three months

2) Create the required number of positions by department for each ULB either in the form of professional contract recruitment or by revision of cadre and recruitment rules

3) Authorise the ULBs to fill the gaps in a time-bound, fair and transparent mannerAs a transitional arrangement, the state government may offer a panel of namesfor designated senior positions (e.g. Commissioner) to the ULB for consideration, and it must be the ULB’s prerogative to select from this panel (see 2nd. ARC report on local governance, section 5.2.5.4, page 221)

5.3.1.3 Capacity building management of public infrastructure or service delivery: the poor exposure and understanding of There is very little capacity capacity building and current national and global trends and thinking on training activity for urban administrators and elected the subjects results in poor quality delivery representatives, for any aspects of urban planning or management(refer Committtee for the Review of 2) out-sourced delivery of master plans or Training of IAS Officers, section 32) project management: there is very little capacity within government departments to even anchor the The lack of investment in upgrading the skills of existing process of writing out clear Requests for Proposals technical staff of government results in three critical (RFPs), evaluating tender bids, managing consultants, shortcomings: ensuring desired and timely outcomes. Crores are invested and re-invested in out-sourcing requirements 1) in-house ability to do planning or project for master plans, e-governance, GIS and public

59 projects, with unused / unusable outputs and example, development sanctions, developemnt of outcomes. standards for road design, landscape design, signages, etc all require a minumum access to 3) internal capacity for everyday needs of urban planning skills within the department. In the absence planning and urban management: the need for in- of this, we develop poor quality public spaces. house skilled planners is an on-going need. For

3.3 Governance Recommendation: UPGRADE CAPACITIES IN URBAN MANAGEMENT AND GOVERNANCE

1) Establishment of a State Urban Governance & Management Training facility to train both eleceted representatives and administrators with special capacity building programmes for women members

2) State Governments should encourage local bodies to outsource specific functions to public or private agencies, as may be appropriate, through enabling guidelines and support. Outsourcing of activities should be backed by development of in-house capacity for monitoring and oversight of outsourced activities

3) As an aid to capacity building there should be documentations of case studies, best practices 4. State governmentsto create an Empanneled List of Urban Practice Professional Institutions whose services can be accessed contractually by ULBs without having to go through tedious and repetitive procurement procedures(refer 2nd ARC Report on urban governance, section 3.6.16, page 72)

5.3.2 Finances Various ULBs have implemented various components 5.3.2.1 Devolution of funds to ULBs of e-governance systems. These range from being well designed and developed to patchy and inadequate. 5.3.2.2 Grants from state and union governments Given the power of IT to radically transform urban management, by enabling business process re- At the time of writing this report there was insufficient engineering, simplification, transparency, etc, it is data and hence this section has no recommendations imperative that the full power of these tools be included. harnessed, in an increasingly complex urban management environment. the evidence suggests that much more can 5.3.3 Management tools be done in this area, both in setting the e-governance systems in place, and in ensuring that management 5.3.3.1 E-Governance systems decision-making is being supported by these systems.

3.4 Governance Recommendation: ESTABLISH E-GOVERNANCE SYSTEMS

The state government develops a statndard and comprehensive urban e-governance package (reuirement specification, applications, hardware, sofware, SLAs, AMC, etc) that contains at a minimum, the following six components

1) Accounting 2) Payroll 3) Procurement and Tendering 4) Works Mgmt 5) Property Tax 6) Birth and Death

This can be prepared by examining best practices of e-governance sysstems already being undertaken in the ULBs in the MA and integrating GoI’s initiatives on e-governance.

60 5.3.1.3.2 GIS to intelligently combine spatial data with non-spatial data to allow informed decision-making on a variety MMRDA officials have indicated that there is very little of urban planning and management issues. However good quality spatial data that is available with any PA/ the danger is that GIS is becoming a buzz word, with SPAs for the MMA. multiple investments being made but with very little tangible benefit accruing either in planning or in urban Similar to IT and e-governance, GIS has the power management.

3.5 Governance Recommendation: ESTABLISH ROBUST GIS SYSTEM

1) Each ULB will establish a GIS SLA with the MSDC covering mutual deliverables

2) The base map for the entire metropolitan area including each ULB area will be produced and maintained by MSDC in the recommended national standards. Each ULB will generate the primary data relevant to its own area. This data will stored by the MSDC in the form of separate spatial layers e.g. property tax, water distribution, etc.

3) There will be an agreed upon frequency for updation of data, e.g. annually.

4) Each ULB will have a web-based access to view all data in the MSDC with updation access for its own layers of data.

5.3.1.3.3 Procurement and Infrastructure development

3.6 Governance Recommendation: IMPLEMENT E-PROCUREMENT SYSTEMS

1) The state government to prepare standardised procurement documents for key urban infrastructure / services development activities, e.g. waste management systems, water supply, sewerage, GIS, roads, etc, including potential PPP structures. These should be developed in conjunction with industry forums and other departments that have had experience in large scale procurement processes

2) State government to empanel a list of “qualified urban infrastructure vendors” by sector who can be pre-qualified to bid for appropriate ULB works. This list can be periodically updated.

5.3.1.3.4 Access to key data

3.7 Governance Recommendation: CREATE COMPREHENSIVE DATABASE ON URBAN SERVICES

1) Each ULB will send to DMES key primary data being generated by it - building licences, births and deaths etc. This will be compiled and aggregated by the DMES, pulling in data from various other sources within and outside government

2) Each ULB will receive a comprehensive set of data from DMES on a monthly/quarterly basis, to assist it in planning and budgeting activities, for which it will pay the DMES a fee

61 5.4 DIRECT ACCOUNTABILITY

5.4.1 Electoral accountability

4.1 Governance Recommendation: IMPROVE ELECTORAL ACCOUNTABILITY

1) The task of delimitation and reservation of constituencies should be entrusted to the State Election Commissions (SECs)

2) Local government laws in all States should provide for adoption of the Assembly electoral rolls for local governments without any revision of names by SECs. For such a process to be effective it is necessary to ensure that the voter registration and preparation of electoral rolls by Election Commission of India is based on geographic contiguity. Similarly, the electoral divisions for elections to local bodies should follow the Building Blocks approach. (check for MA)

3) In order to achieve convergence between census data and electoral rolls, the boundaries of a ‘Part’ and an ‘Enumeration Block’ should coincide

4) The SEC must in conjunction with the ECI, produce an electronic voter roll management system that is work-flow bsed and GIS enabled, and is usable as the real-time electoral roll for elections of all levels of government. This is to address the high percentage of error rate and the dynamic nature of the electoral rolls in urban areas 5. The conduct of elections for the elected members of Metropolitan Planning Committees should be entrusted to the State Election Commission

5.4.2. Simplified municipal services Many of these procedures are complex and outdated, putting citizens to a lot of hardship. There is also a causal Regulatory services such as granting permissions for relationship between the complexity of procedures and creation of residential and commercial space based on the degree of corruption involved. Added to this are pre-determined plans; Issuing trade licenses, licences factors like inadequate delegation of powers, decision- for establishments like restaurants that require public making through a process involving multiple layers of health certification, etc are currently bound by rules and hierarchy and red tapism. see 2nd ARC Report on Local procedures. Governance, section 5.4.2, page 241)

4.2 Governance Recommendation: CREATE SINGLE WINDOW SERVICES AND STREAMLINING URBAN SERVICES

1) The State Government to set up an “Urban Services Streamlining Task Force” made of members both from within and outside government, within 3 months, to examine and suggest simplification of procedures and transparency in all ULB activities.

2) “Single-Window Service Centres”: All service providers in cities should be brought under one umbrella by establishing ‘one stop service centres’. Call centres, electronic kiosks, web based services and other tools of modern technology should be used by all ULBs to bring speed, transparency and accountability into delivery of services to the citizens.

62 5.4.3 Citizen charters

4.3 Governance Recommendation: ESTABLISH CITIZEN CHARTERS

The State Government should ensure that every ULB in the MA produce Citizens’ charters within six months. These Citizen Charters should contain comprehensive information on service levels for all urban services, including specification of time limits for approvals relating to regulatory services such as licenses and permits. The charter should also specify the relief available to the citizens in case of non adherence. (See 2nd ARC Report on Local Governance, section 5.4.2.10. page 243)

5.4.4 Participatory planning and budgeting

4.4 Governance Recommendation: DEVELOP PARTICIPATORY PLANNING PROCESSES

1) All levels of plans, from the Metropolitan Development Plan to the Master Plans and Ward Plans for the ULBs should be prepared along the lines recommended in section… above, and consistent with the Manual for Integrated District Planning released by the Planning Commission. This envisages active citizen participation through the structures of Area Sabhas in the grassroots, and Ward Committees at the ward level. This process can only be practiced after the structures are put in place, and - as recommended in section.... above, will result in true participatory planning only after 2015-2016, during revisions to the plans.

2) Every ULB must have a Ward Plan Budget, which must be prepared in a systematic process beginning with Area Sabha consultations, and ending with recomendations of the Ward Committee. The “budget calendar” described in Schedule 1 of the Nagara Raj Bill circulated by Ministry of Urban Development, GOI, as part of JNNURM reforms, can be used as a possible template for this participatory budgeting exercise

5.4.5 Disclosure

4.5 Governance Recommendation: PASS DISCLOSURE BILL AND PUBLISH PERFOMRANCE STANDARDS

1) The State Government must pass the Disclosure Bill, required under JNNURM, and notify the necessary rules for its speedy implementation within a period of three months

2) Every ULB must comply with the requirements of the Disclosure law, and publish quarterly statements of performance, including financial statements and annual audited finacial statements, as well as Standardised Service Level Benchmarks(SSLBs) as defined by MOUD, GOI. THis information must be placed on the website of the ULB

63 5.4.6 Comprehensive website

4.6 Governance Recommendation: BUILD COMPREHENSIVE WEBSITE FOR ALL LOCAL BODIES

The State Government must pass the Disclosure Bill, required Every ULB in the MA must have a fully-functioning website, within six months, with information on all the items mentioned below:

3) Citizen charters 4) organisational chart 5) property tax information 6) current notified plans at ULB and ward levels 7) budgets for past 3 years 8) project details of works in progress 9) interactive map of ULB, with ward demarcations 10) OCMS with summary data on status on complaints 11) All above in bilingual form, Marathi and English

5.4.7 Ombudsman

4.7 Governance Recommendation: ESTABLISH OFFICE OF OMBUDSMAN

As described in Section… above, the State Government to constitute the Office of a Metropolitan Ombudsman, that would look into complaints of corruption and maladministration against functionaries of local bodies, both elected members and officials.

64 Annexure: Model Activity Mapping For 1 Decentralised Urban Governance

Model Activity Mapping of Municipal Functions Functions to be performed by Municipalities/ Ward Committees/ Area Sabhas

No Item Municipality Ward Committee Area Sabha 1 Urban planning a.Prepare city plans in a.Prepare ward plans a.Discuss the Area’s including town coordination with the in coordination with planning needs as planning MPC/DPC of the region city & regional plans part of the Master b.Integrate the Ward b.Integrate Area Sabha Plan for the region Plans into the City Plan needs into Ward Plans and the city c.Develop medium-term c.Develop Annual Ward b.Submit Area’s financial plans Budgets consistent planning consistent with the plans with these plans, and requirements to the d.Develop annual city with the city’s WC budgets consistent with financial plans c.Review the Ward the medium-term Plans and the City financial plans plans d.Ensure that ward budgets and city budgets are consistent with their plans 2 Regulation of land- a.(Large set of a.Provide all a.Enforce the zoning use and construction regulations on land-use administrative support and land-use of buildings. and construction) to AS in zoning and parameters defined land-use mgmt in the city and ward b.Receive and process plans all applications for b.Receive and building construction resolve applications c.Receive all appeals for change in land on land-use change use in AS jurisdiction decisions of AS, and resolve them 3 Planning for a.Work with agencies a.Have a Ward a.Provide economic and social outside Municipality on Information and information support development. collection, and Statistics Committee to the WC on dissemination of to track economic collection of economic and social activity in the Ward necessary economic indicators b.Undertake and social b.Maintain key economic systematic and information and social indicators for organised street b.Undertake the municipality on numbering, in systematic and regular basis coordination with the organised street c.Undertake systematic municipality numbering, in and organised street coordination with the numbering, in WC coordination with external agencies

65 No Item Municipality Ward Committee Area Sabha 4 Roads and bridges. a.Survey, technical a.Survey, technical a.Monitoring and feasibility, road feasibility, approval, supervision of alignment, and allocation and quality of works formulation of road sanction of funds. b.Assist the WC in development projects b.Annual repairs and the preparation of b.Approval, allocation maintenance of Ward and sanction of funds ward roads, culverts Infrastructure of roads covering and bridges Index more than one block c.Approval, including District allocation and roads. sanction of funds for c.Acquiring land, improvement and assessment and of maintenance of grant of Ward roads. compensation. d.Monitoring and d.Awarding contracts, supervision of the procurement of quality of works and material / equipment reporting progress. for construction of e.Ward roads and bridges. Infrastructure e.Monitoring the Committee to specifications of road maintain Ward /bridges and Infrastructure Index supervision ofthe in manner quality of works. prescribed f.Budgetary allocations formulae to be based on Ward Infrastructure Index 5 Water supply for a.Assessing city’s a.Developing annual a.Identifying need domestic, water supply needs on water requirements for water schemes industrial and short, medium and for various ward and locations commercial long term basis needs b.Reporting purposes. b.Formulation of b.Providing progress on water major water supply administrative supply schemes schemes assistance to AS c.Monitoring water c.Technical appraisal c.Procuring and supply service and approval to the compiling reports on levels, complaints schemes proposed by water service levels, and repairs the WCs complaints and d.Awarding contracts repairs for the execution of major schemes and enforcing Service Level Agreements

66 No Item Municipality Ward Committee Area Sabha 6 Public health, a.)Planning through a.To assist in a.Upkeep of sanitation the health supervision and sanitation conservancy and committees maintenance of sub- (cleaning of roads, solid waste b.To coordinate centres and drainage etc.) in management communicable deployment of field the Area diseases Programme staff b.Mobilising and (Eg.TB, Leprosy) with b.To Organize organizing people the State health family for health, family c.To coordinate, welfare camps and planning and construction and conduct immunization maintenance and demonstration-cum- camps. supervision of Primary exhibition c.Chlorination Health Centres (PHCs) programmes on tanks and spraying d.Periodic conduction health, family of etc. of Epidemiological welfare and d.Reporting of out- surveys sanitation. break oaf e.To construct and c.To assist in epidemics. manage drainage and inspection/ e.To assist I sewerage systems in Assessment of coordinate the city quality of public emergence (floods f.To set aside budgets health inputs and etc.) Medical for street and public services. Relief Services spaces d.To prepare Ward f.Support local g.Prepare city SWM SWM Plans in community-based plans, including consultation with AS SWM composting adequate provision e.To award SWM solutions, in for safe disposal of contracts collaboration with SWM f.To monitor and Municipal SWM h.Prepare long-term review SWM dept SWM strategy for the contracts g.Supervise SWM city, in coordination g.To prepare contracts with MPC and DPC budgets for street h.Supervise street i.Review city SWM cleaning and public cleaning contracts contracts and provide spaces in i.Identify locations support to WC in consultation with AS for public toilets contract formulation, h.To award and submit AS execution and contracts for street plans to WC monitoring cleaning j.Supervise j.To prepare policy i.Prepare plans for maintenance of documents for sufficient public public toilets construction of public toilets in the ward toilets in consultation with AS j.Award contracts for construction and maintenance of public toilets, in consulation with municipality

67 No Item Municipality Ward Committee Area Sabha 7 Fire services a.To extinguish fire and protect life and property when fires occur b.To ensure sufficient levels of Fire Service infrastructure in the city 8 Urban forestry, a.Reclamation of a.Compile a list of a.Prepare a list of protection of the waste lands, all urban forestry all urban forestry environment and promotion of social and environmental and environmental promotion of forestry and assets in the Ward assets in the Area ecological aspects maintenance of open b. Prepare detailed b.Identify their spaces plans to conserve environmental b.Establishment and and protect health maintenance of environmental c.Suggest nurseries for plants, assets,in measures for the vegetables and trees consultation with AS conservation and and promotion of c.Work with the protection of such greenery municipality to assets c.Organization of integrate these d.Monitor flower-shows and plans into the hazardous impact promotion of flower- municipal budget on environmental growing as a civic d.Prevent hazardous assets, and report culture impact on to WC d.Promotion of environmental measures for assets abatement of all e.Promote of forms of pollution; measures for abatement of all forms of pollution 9 Safeguarding the a.Provide all suport to a.Preparation of a.Identification of interests of the WC for lists of disabled persons/ weaker sections identification of Identification of street children/ of society, weaker sections disabled persons/ unassisted aged/ including the b.Coordinate with all street children/ beggars/ juveniles handicapped and concerned to procure unassisted aged/ and coordination mentally retarded relief for weaker beggars/ juveniles with the WC for sections and coordination their c.Set aside with the rehabilitation. appropriate funds in municipality to municipality budget procure assistance for their rehabilitation.

68 No Item Municipality Ward Committee Area Sabha 10 Slum improvement a.Compile city-wide a.Prepare a list of a.Prepare a list of and upgradation. slum information, all slums in the all slums in the AS including service Ward b.Prepare slum levels b.Establish the legal upgradation plans b.Prepare medium- veracity of each for each slum, term plans to slum for provision of with community complete slum public services members in the upgradation c.Compile slum concerned slums c.Prepare action upgradation plans in c.Work with WC to plans for provision of coordination with AS ensure budgetary sufficient stock of d.Prepare Ward allocation for slum legitimate low- Budgets to include upgradation works income housing in the allocations for slum d.Monitor quality city upgradation of slum d.Coordinate will e.Release contracts upgradation works various agencies for slum involved in slum upgradation work identification, f.Make payments upgradation and based on AS services monitoring 11 Urban poverty a.Preparation of plan a.Assist the AS in a.Identification of alleviation for poverty alleviation providing technical beneficiaries for programmes at and managerial various municipality level. assistance for government b.Scrutiny and implementation of schemes consolidation of WC schemes. b.Implementation plans for Poverty b.Implement of employment Alleviation schemes at WC level generation Programmes c.Collection and programmes c.Release of funds to distribution of data c.Inform the WC Banks for subsidy regarding and municipality adjustment. development and about any misuse d.Coordination with management at the of assets, grant other departments / WC level. and loan by the agencies d.Assist in the beneficiaries. e.Development of evaluation of d.To assist IP for training infrastructure schemes. the distribution of f.Procurement and e.Preparation of identity cards supply of quality plans at the WC e.To ensure proper assets / machinery / level utilization of any equipments for f.Review the plans funds allocated for beneficiary schemes. prepared by the AS poverty g.Assist in extending and accord programmes from technical assistance technical approval the municipality or for planning at WC and assistance external sources level. g.Integrate other h.Supervision and Poverty Alleviation review of programmes implementation of different Poverty Alleviation Programmes. i.Monitoring and supervision of the progress of the programmes.

69 No Item Municipality Ward Committee Area Sabha 12 Provision of urban a.Assist the WC in the a.Assist to AS in the a.Submit AS plans amenities and discharge of their discharge of their for upgradation facilities such as responsibility responsibility. and maintenance parks, gardens b.Compile city-wide b.Prepare ward of urban amenities playgrounds urban amenities budgets based on AS b.Keep all common information inputs or urban property of local c.Prepare medium- amenities nature in good term plans for urban condition. amenities in c.Ensure they are consulation with WCs, not encroached MPC and DPC upon or converted d.Provide budgetary to uses not in the support for urban Interest of the amenities community. 13 Promotion of a.Promotion of civic cultural, education, adult educational and education, social aesthetic aspects education and non- formal education b.promotion of cultural activities including music, physical education, sports and theatres and infrastructure c.advancement of science and technology in urban life d.publication of municipal journals, periodicals and souvenirs e.organization, establishment and maintenance of art galleries and botanical or zoological collections f.conservation and maintenance of monuments and places of historical, artistic and other importance g.construction, establishment, maintenance or contribution to the maintenance of public libraries, museums, reading rooms etc.

70 No Item Municipality Ward Committee Area Sabha 14 Burials and burial a.Constructing and a.Assist the a.Inform the WC grounds; maintaining burial municipality in the and municipality of cremations, grounds and discharge of their deaths in the AS cremation grounds cremation grounds responsibility. and electrical b.Acquiring, crematoriums maintaining, changing and regulating places for the disposal of the dead 15 Cattle pounds; •Establish and a.Assist to AS in the a.Monitor stray prevention of maintain cattle ponds discharge of their animals in AS cruelty to animals. •Ensure the responsibility. b.Work with prevention of cruelty appropriate to animals agencies to treat •Undertake stray dogs on a appropriate measures regular basis to limit stray animals 16 Vital statistics a.Register all births a.Register all births a.Support the WC including and deaths in the and deaths in the in registering registration of municipality Ward births and deaths births and deaths. b.Maintain key b.Ward Information economic and social and Statistics indicators for the Committee to municipality on compile information regular basis on Ward 17 Public amenities a.Communication a.Compile list of a.Prepare list of including street systems beyond street lighting, street lights, lighting, parking construction and parking lots, street parking lots, street lots, bus stops and maintenance of roads: furniture, bus stops furniture, bus public footpaths, pedestrian and public stops and public conveniences pathways, conveniences in the conveniences in transportation ward, with the the Area terminals, both for assistance of the AS b.Provide passengers and goods, b.Prepare plans for assistance to the bridges, over-bridges, creation and WC in developing subways, ferries, and maintenance of such plans for creation inland water transport amenities and maintenance system; c.Coordinate with of such amenities b.Provide transport the municipality for c.Monitor system accessories the provision of contracts to including traffic such amenities maintain such engineering schemes, d.Coordinate with amenities street furniture, the AS for the d.Provide parking areas, and bus monitoring and stops; maintenance of such amenities 18 Regulation of a.Regulate the a.Prepare a list of a.Monitor slaughter houses functioning of all slaughter houses slaughter houses and tanneries slaughter houses and and tanneries in the and tanneries for tanneries ward environmental b.Assist the AS in its impact and ethical activities practices c.Report any violations to the municipality

71 References

List of References:

1. Planning Commission District Planning Guidelines 2. 73rd /74th Constitutional Amendment Act, Constitution of India 3. Model Nagara Raj Bill, Ministry of Urban Development, GoI 4. Model Activity mapping, MoUD, GoI 5. Bombay First original vision document 6. Kasturirangan Report – Expert Committee on Bangalore Governance 7. Concept Plan Terms of Reference, 2032 - 2052 for MMR 8. 2nd Administrative Reforms Commission Report on Local Governance

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