FUNCTIONS
OF THE MUNICIPALITIES:
:-
Section
48 of the Himachal Pradesh Municipal Act,1994 empowers
the State Government to issue Notification
to determine various functions of the Municipalities.
In the repealed Municipal Act, 1968 the following
normal functions were performed by the Municipalities:-
MUNICIPAL
COMMITTEE'S FUNCTIONS UNDER SECTION 51(2) OF THE HIMACHAL
PRADESH MUNICIPAL ACT, 1968.
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The
functional responsibilities of a municipal authority
cover a wide range of civic services, the provision
of which is essential to make town livable,
to make the town attractive and beautiful and
to make the life of the town-dwellers fuller
and healthier .
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(a)
construction, maintenance, improvement, cleaning
and repair of all public streets, bridges, town-halls,
town gates, embankments, drains, privies, latrines,
urinals, tanks and water courses and
setting up of solid waste management projects,
productions and production and marketing of compost;
(b)
watering and lighting of such streets or any of them;
(c) construction, establishment and maintenance of
schools, hospitals and dispensaries, and other institutions
for the promotion of education for the benefit of
the public health, and for Rest Houses, Sarais,
poor- houses, markets, stalls encamping
grounds, ponds and other works of public utility,
and the control and administration of public
institutions of any of these descriptions;
(d)
grants-in Aid to schools, hospitals, dispensaries,
poor-houses, lepers asylum's and other educational
or charitable institutions;
(e)
training of teachers and the establishment
of scholarships;
(f) giving of relief and the establishment
and maintenance of relief works in time of famine
or scarcity;
(g) supply, storage and preservation from pollution
of water for the use of human beings and animals;
(h) planting and 'preservation of trees; and the establishment
and maintenance of public parks and gardens';
(i) taking of a census, the registration of
births, marriage and deaths public vaccination and
any sanitary measure;
(j) holding of fairs and industrial exhibitions;
(k) preparation and maintenance of a record-of-rights
in immovable property;
(l) all acts and things which are likely to
promote the safety, health, welfare or convenience
of the inhabitants, or expenditure whereon may be
declared by the committee, with the sanction of the
State Government to be an appropriate charge on the
Municipal Fund;
(m) construction of buildings and sale thereof with
the prior approval of the State Government.
Similarly,
section 43 and 44 of the Himachal Pradesh, Municipal
Corporation, Act,1994 provides the obligatory
and discretionary functions to be performed by the
Municipal Corporation of Shimla. These functions are
identical reproduction of section 43 and 44 of the
repealed Act , the Himachal Pradesh Municipal Corporation
Act, 1979.
But section 42 of the
new Himachal Pradesh Municipal Corporation Act,1994
empowers the State Government to issue notification
to determine various additional functions of the Corporation
on the subject it self indicated in Section
42 (1) (a) & (b) and further heads(i) to (xviii)
and the twelfth schedule of the Constitution
corresponding to Article 243- W.
Incidentally, it
is mentioned that the provisions of section 42(1)
(a) & (b) & heads (i) to (viii) of HP Municipal
Corporation Act,1994 and section 48 (1) (i) &
(ii) and head 1 to 18 are identical. The two notification
issued by the Government one under section 48(1) of
Himachal Pradesh Municipal Act,1994 and the second
under section 42 (1) of the Himachal Pradesh.
Municipal Corporation Act,1994 are also identical.
Therefore, apart from the obligatory and discretionary
functions of the Corporation and the normal traditional
functions of municipalities mainly the following additional
functions are bestowed on the Corporation and on all
Municipalities.
DELEGATED
FUNCTIONS OF MUNICIPALITIES: 74th Constitution
Amendment
(i) Urban Planning including town planning.
(a) Implementation of land use
map notified by the State Government;
Provided that where no such map is notified, the concerned
local body, will prepare and implement the local land
use map;
(ii) Planning for economic and social development.
(a) Formulation of schemes
for the up-liftment of poor.
(b) Generation of employment.
(c) Implementation
of poverty alleviation programmes.
(iii)
Roads and Bridges.
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Construction
and maintenance of roads and bridges except
the roads and bridges on National Highways and
State Highways within Municipal Areas.
(iv) Water Supply.
(a) Planning, provision for construction and maintenance
of water
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The municipal functions pertain to certain categories
like public convenience, public works, public
health and medical relief, public security,
and public instruction.
Most of the functions entrusted to local authorities
like public health, public works, public safety,
etc.,are mainly local in nature and importance.
These functions necessitate local knowledge
and interest for their proper and efficient
administration.
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supply
for domestic, commercial and industrial purposes within
the municipal area;
Provided that execution of Really new schemes will
be in accordance with the decision of Government in
each case.
(v)
Public Health.
(a) Provision of drains and Sewerage and sewerage
disposal and nallahs.
(vi) Urban forestry, protection of the environment
and promotion of ecological aspects.
(a) Creation, maintenance and regulating the
use of Urban forest blocks.
(b) Plantation, maintenance and preservation of trees
both ornamental and economic within the municipal
areas.
(c) Regulating the plantation preservation and felling
of trees.
(d) To establish and maintain refuse disposal sites
and apparatus.
(e) To regulate the pollution.
(f) Establishment and maintenance of Electric-Crematoriums.
(vii) Safeguarding the interests of weaker section
of society including the handicapped and mentally
retarded.
(a) Establishment of orphanage, mental hospitals,
administration and care of mentally retarded children
and women homes.
(viii) Slum improvement and up-gradation.
(a) Identification of slum areas, formulation of schemes
for the rehabilitation of the people living in slums.
(ix) Urban Poverty alleviation.
- Identification
of urban poor and localities pre-dominantly occupied
by them.
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Formulation and execution of scheme for their
up-liftment.
