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Introduction
The Directorate of Urban Development was established during
the year 1985-86 to direct, control and monitor the activities
of the Urban Local Bodies in the state of Himachal Pradesh.
The Directorate has been assigned the responsibility to look
after the legislative, Administrative and Development activities
of 49 Municipalities(Local Urban Bodies) i.e. 1 Municipal Corporation,
20 Municipal Councils and 28 Nagar Panchayats which covers 5.59
Lac urban population(2001 census report) which is about 9.2%
of the total population of the state.
From 1986 to May,1994, the Directorate was performing nominal
regulatory functions which merely relates to the coordination
of development works, release of grants and passing of municipal
budgets. Consequent upon the 74th amendment of the constitution
and the enactment of 3 new Municipal Acts viz. H.P. Municipal
Corporation Act, 1994, Municipal Act, 1994 and H.P
Municipal Services Act 1994, numerous Constitutional, Statutory
and obligatory functions are entrusted to the Directorate. The
74th Constitutional Amendment envisages greater decentralization
of administrative , legislative and financial functions to the
Urban Local Government coupled with more and more functional
autonomy to all the municipalities.
These new Acts have bestowed upon the Municipalities numerous
additional functions which are in conformity with the
12th Schedule of the Constitution. Two notifications
to this effect have already been issued by the State Government
indicating the additional functions which are expected
to be performed by the Local Bodies including the Municipal
Corporation, Shimla . The 12th Schedule in
Article 243 W enumerates 18 functions out of which first
three functions are as under:-
1.
Urban Planning including Town Planning
2. Regulation of land-use and constructions of buildings
3. Planning for economic and social development.
The above three functions in the past were not part
of the previous Municipal acts probably due to the fact
that these obligatory responsibilities of the municipal
bodies were being derived from the State Town Planning
Act under which the implementation of plans/ schemes
are being done by them in their respective areas. Now
the above functions are being performed as part
of the obligatory functions of the municipalities
and spatial planning are no longer derived from the
State Town Planning Act. It is now being realized that
Urban Bodies should not only provide civic services
for the welfare of local people, but also carry out
the task of Urban Planning and development. If the Urban
Local Bodies have to serve as agencies of plan preparation,
enforcement and implementation as envisaged in the Constitutional
amendment, it is absolutely necessary that effective
infrastructure built in the Local
Self Government .
The
Directorate has been completely recognised and formed
as the Apex Administrative Unit to regulate, control,
advise, guide, administer, coordinate and monitor
the entire functioning of the Urban Local Bodies.
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Local
Bodies are non-sovereign entities; they function
under the varied types and varying degrees of government
control. Local authorities in our country do not
have any constitutional status, I.e., they do not
derive their existence, powers, etc. direct from
the Constitution of India. Local government is a
State subject and local bodies are controlled in
their creation, etc. by the respective State government.
The state government applies Legislative, Judicial
and Administrative control and checks over
local bodies in order to ensure their proper
functioning through Directorate of Urban Development. |
| The
74th amendment of the constitution and the enactment
of 3 new Municipal Acts viz. H.P. Municipal Corporation
Act, 1994, Municipal Act, 1994 and H.P Municipal
Services Act 1994, numerous Constitutional, Statutory
and obligatory functions are entrusted to the Directorate |
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