Local Administration by People Participation

.
....


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.
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