City Development Plan for Panaji Corporation of the city of Panaji
5. Urban Governance & Institutional Framework
5.1 Introduction
This chapter presents the existing institutional framework of Corporation of the city of Panaji and other agencies responsible for provision of urban infrastructure. This chapter also outlines institutional issues and the institutional development strategy. The first section of the chapter describes the reform action taken till now by government of Goa, second section briefly describes about the agencies involved, and the last section brings out the issues and recommendations.
5.2 REFORMS ACTIONS AND CAPACITY BUILDING
An important initiative of the Government of India to strengthen municipal governance is the enactment of the 74th CAA in 1992. Until the recent amendment, local governments in India were organized on the basis of the ‘ultra vires’ principle [beyond the powers or authority granted by law] and the state governments were free to extend or control the functional sphere through executive decisions without an amendment to the legislative provisions. Through this initiative, an attempt is being made to improve the performance ability of municipalities, so that they are able to discharge their duties efficiently.
The important provisions specified in the Act include constitution of three types of municipalities, devolution of greater functional responsibilities and financial powers to municipalities, adequate representation of weaker sections and women, regular and fair conduct of municipal elections, and constitution of Wards Committees, District Planning Committees, Metropolitan Planning Committees and State Finance Commissions.
The 74th CAA, 1992 provisions, thus, provides a basis for the State Legislatures to guide the state governments in the assignment of various responsibilities to municipalities and in strengthening municipal governance. Accordingly, several state governments have amended their Municipal Acts/Laws/Legislations so as to bring these in conformity with the Constitutional provisions.
The impact of the 74th CAA is assessed for a total of 27 States and 1 Union Territory (UT) of India. The state of Jammu and Kashmir was not included in the study. The National Capital Territory of Delhi, which is classified as a Union Territory by the 2001 Census of India, has been covered in this study.
The following Table no. 5.1 reveals the performance of different state governments on the compliance/implementation of the Act provisions. It gives the state-wise compliance of the 74th Amendment Act provisions. Some important provisions of the Act that have been included in the table are: constitution of ULBs; reservation of seats in ULBs, regular conduct of elections, constitution of ward committees (WCs), District Planning Committees (DPCs), Metropolitan Planning Committee (MPCs) and state finance commissions (SFCs).
An important observation is that while there has been full compliance in respect of select provisions, such as constitution of three types of ULBs, reservation of seats, and constitution of SFCs, others, namely constitution of WCs, DPCs, and MPCs have not been adopted to the fullest extent. West Bengal has shown full commitment and a high compliance with the provisions.
Empowerment of municipalities through functional devolution is an important objective of the 74th CAA. The Twelfth Schedule of the 74th CAA, which consists of a list of 18 functions, has been inserted to guide state governments in the assignment of various functional responsibilities to municipalities. In response, most state governments have included the 18 functions in the list of duties to be performed by municipalities. Activity mapping of the 18 functions among the three tiers of municipalities is currently underway (that is, a number of activities have been identified within each function and actions are being taken for implementation). This analysis shows that some functions have been transferred to the municipalities and are being performed by them in consultation with the respective state government departments. In a few states, for example, Uttar Pradesh and West Bengal, some of the functions listed in the Twelfth Schedule such as town planning, urban poverty alleviation, provision of urban amenities, vital statistics, etc. were already being performed by the municipalities before the enactment of the 74th CAA.
The analysis on the functioning of SFCs in different states of the country reveals that although the major thrust is on strengthening the financial condition of municipalities, there is also an emphasis on improving their overall management capabilities. Further, the ‘action taken’ reports prepared to assess the status of SFC recommendations show that the proportion of recommendations accepted (either fully, partly or in a modified form) is much higher than those, which have not been accepted. Decision to accept or reject a recommendation lies with the state government and is based on a number of factors, such as the financial condition of the state/local government, priority areas, etc.
Table 5.1: Compliance of 74th Constitutional Amendment Across States in India
SL. NO / State/ UT / Constitution of ULB’s / Reservation of Seats / Regular Conduct of Elections / Constitution of WC’s / Constitution of DPC’s / Constitution Of MPC’s / Constitution Of SFC’s1 / Andhra Pradesh / Yes / Yes / Yes / Yes / Yes
2 / Arunachal Pradesha / Yes / Yes
3 / Assam / Yes / Yes / Yes / Yes / Yes
4 / Bihar / Yes / Yes / Yes / Yes / Yes
5 / Chhattisgarh / Yes / Yes / Yes / Yes / Yes / Yes / Yes
6 / Delhi / Yes / Yes / Yes / Yes / Yes
7 / Goa / Yes / Yes / Yes / Yes
8 / Gujrat / Yes / Yes / Yes / Yes
9 / Haryana / Yes / Yes / Yes / Yes / Yes
10 / Himachal Pradesh / Yes / Yes / Yes / Yes
11 / Jharkhand / Yes / Yes / Yes / Yes
12 / Karnataka / Yes / Yes / Yes / Yes / Yes / Yes
13 / Kerala / Yes / Yes / Yes / Yes / Yes / Yes
14 / Madhya Pradesh / Yes / Yes / Yes / Yes / Yes / Yes
15 / Maharashtra / Yes / Yes / Yes / Yes / Yes
16 / Manipur / Yes / Yes / Yes / Yes
17 / Meghalayab
18 / Mizoramb
19 / Nagalandb
20 / Orissa / Yes / Yes / Yes / Yes / Yes
21 / Punjab / Yes / Yes / Yes / Yes
22 / Rajasthan / Yes / Yes / Yes / Yes / Yes
23 / Sikkim / Yes / Yes / Yes / Yes
24 / Tamilnadu / Yes / Yes / Yes / Yes / Yes / Yes
25 / Tripura / Yes / Yes / Yes / Yes
26 / Uttranchal / Yes / Yes / Yes / Yes
27 / Uttarpradesh / Yes / Yes / Yes / Yes
28 / West bengal / Yes / Yes / Yes / Yes / Yes / Yes / Yes
Source: India Infrastructure Report 2006
Notes:
1. a—There are no municipalities in Arunachal Pradesh.
2. b—The 74th Amendment Act provisions have not been applied to certain Scheduled Areas and the Tribal Areas of India.
3. Status of information provided in the table is based on data collected over a period of time and may therefore not tally with the latest position in the different states of the country.
Reforms To Remove Roadblocks
Jawaharlal Nehru National Urban Renewal Mission
JNNURM was formally launched on 3rd December, 2005. Panaji has been covered under the Jawaharlal Nehru National Urban Renewal Mission.
The aim of the Jawaharlal Nehru National Urban Renewal Mission (JNNURM) is to encourage reforms and fast track planned development of identified cities. Focus is to be on efficiency in urban infrastructure and service delivery mechanisms, community participation, and accountability of Urban Local Bodies/Parastatal agencies towards citizens.
Objectives of the Mission
The objective of JNNURM is to focus attention on integrated development of infrastructure services in cities covered under the mission through:
· Establishment of linkages between asset-creation and asset-management through a slew of reforms for long-term project sustainability
· Ensuring adequate funds to meet the deficiencies in urban infrastructure services
· Planned development of identified cities including semi-urban areas, outgrowths and urban corridors leading to dispersed urbanization
· Scale -up delivery of civic amenities and provision of utilities with emphasis on universal access to the urban poor
· Special focus on urban renewal programme for the old city areas to reduce congestion
· Provision of basic services to the urban poor including security of tenure at affordable prices, improved housing, water supply and sanitation, and ensuring delivery of other existing universal services of the government for education, health and social security.
The Mission has two Sub-Missions
Sub-Mission for Urban Infrastructure and Governance mainly focuses on infrastructure projects relating to water supply and sanitation, sewerage, solid waste management, road network, urban transport and redevelopment of old city areas with a view to upgrading infrastructure therein, shifting industrial and commercial establishments to conforming areas, etc.
Sub-Mission for Basic Services to the Urban Poor mainly focuses on integrated development of slums through projects for providing shelter, basic services and other related civic amenities with a view to providing utilities to the urban poor.
The duration of the Mission would be seven years beginning from the year 2005-06.
Expected Outcome of the JNNURM
On completion of the Mission period, it is expected that Urban Local Bodies (ULBs) and parastatal agencies will achieve the following:
· Modern and transparent budgeting, accounting, financial management systems, designed and adopted for all urban service and governance functions
· City-wide framework for planning and governance will be established and become operational
· All urban residents will be able to obtain access to a basic level of urban services
· Financially self-sustaining agencies for urban governance and service delivery will be established, through reforms to major revenue instruments
· Local services and governance will be conducted in a manner that is transparent and accountable to citizens
· E-governance applications will be introduced in core functions of ULBs/Parastatal resulting in reduced cost and time of service delivery processes.
The Jawaharlal Nehru National Urban Renewal Mission (JNNURM) comes as an opportunity for the state government. In addition to funding support for various infrastructure works, the mission also requires the State government to sign up a number of urban reform initiatives such as decentralization of responsibilities as envisaged in the 74th constitutional amendment, association of the elected municipalities with the planning function, introduction of Geographical Information System (GIS), and double entry accrual accounting in municipalities.
Goa was ranked at the top among the States and Union Territories on 12 key indicators relating to quality of life in the Report of National Commission on Population (2002). It was selected as the ‘State of the States’ in a survey conducted by the leading newsmagazine, India Today (May, 2003), and ranked the best amongst all the States in India in the categories of Education, Health, Infrastructure and Investment Scenario. In terms of social indicators such as literacy and infant mortality rate, Goa is among the top three States in the country. Twelfth Finance Commission ranked Goa as the Best Placed State in the country in terms of human development and infrastructure facilities.
The State offers a high quality of life, both for people domiciled there and for those who make Goa their home for varying lengths of time. It has excellent infrastructure for education and health. It is well connected to metropolitan cities and centers of trade and commerce through road, rail, and sea-routes as well as by air. The connections will improve further with the establishment of a new international airport and widening of national highways.
With the highest per capita income in India, Goa is a prosperous State where different communities co-exist in complete harmony. The State is fiscally well managed and has a high rate of economic growth, among the highest in the country. With 55 percent of its Gross Domestic Product being contributed by the tertiary sector, and another 35 percent by the manufacturing sector, Goa is a modern and forward-looking State.
5.3 INSTITUTIONAL ARRANGEMENT in PANAJI
City of Panaji Corporation Act 2002 has been established under The Goa Municipalities Act 1968. The act has been implemented taking into consideration the 74th constitutional Amendment Act. Although the act defines the power, discretionary and obligatory functions of Municipality, most of the functions are performed by the state level departments due to various reasons; Corporation of the city of Panaji is very new, Lack of staff and organizational structure of the municipal corporation, Panaji is a small city (both population and area wise), Goa being a small, it is easy for authorities to manage services at state level.
The civic infrastructures, planning & design, construction & execution, operation & maintenance are responsibility of different departments in CCP. These departments and authorities are categorized as state level and city level. The state level departments are Public Works Department (PWD, Road Construction Department and Building Department), Public Health Engineering Department (PHED), PHED: Public Health Engineering Department , PWD: Public Works Department Road Construction Department and Building ) , GSEB: Goa State Electricity Board , KTC: Kadamba Transport Corporation , DHSG: Directorate of Health Services Goa , FSD: Fire Service Department, TCPO: Town and Country Planning Office, NGPDA: North Goa Planning and Development Authority (District/ City), ASI: Archeological Survey of India , Goa Housing Board, State Forest Department and State Tourism Department. The department and authorities responsible for city level functions are highlighted in the following table.
Table 5.2: Panaji Town – Institutions in Service Delivery
Delegated to / Managed by /
1 / Water Supply
Supply of Water / PHED / PHED
Maintenance of network / PHED / PHED
Up gradation and laying of Network / PHED / PHED
Collection of Water Charges / PHED / PHED
2 / Sewerage System
Construction of STP / PHED / PHED
Laying of Network / PHED / PHED
Construction of Community Toilets / PHED / PHED
Maintenance on System / PHED / PHED
Collection of User Charges / PHED / PHED
3 / Solid Waste Management
Collection of Waste / CCP / CCP
Collection of User Charges / CCP / CCP
4 / Storm Water Drainage
Construction of Drains / CCP / CCP
Cleaning of Drains / CCP / CCP
5 / Roads
Construction of Main Road / CCP /PWD / CCP /PWD
Construction of Streets / CCP /PWD / CCP /PWD
Collection of Road Tax / CCP /PWD / CCP /PWD
6 / Building Plan Approval / CCP / CCP
7 / Street Lighting
Installation of Lights / GSEB / GSEB
Maintenance / GSEB / GSEB
8 / Public Transport
Service / KTC / KTC
Maintenance of Assets / KTC / KTC
9 / Traffic Management
Service / Police Department / Police Department
Maintenance of Assets / Police Department / Police Department
10 / Public Health Centre
Service / DHSG / DHSG
Maintenance of Assets / DHSG / DHSG
11 / Fire Services
Service / FSD / FSD
Maintenance of Assets / FSD / FSD
12 / Parks, Open Spaces
Development / CCP/ FOREST DEPT. / CCP/ FOREST DEPT.
Maintenance / CCP/ FOREST DEPT. / CCP/ FOREST DEPT.
13 / Master Plan, Land Use, Building Bylaws
Preparation / TCPO/NGPDA / TCPO/NGPDA
Implementation / TCPO/NGPDA / TCPO/NGPDA
14 / Slum Development
Development / CCP / CCP
15 / Heritage Building Conservation
Development / ASI/ State Tourism Board
CCP: Corporation of the City of Panaji