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International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
38
DECENTRALIZATION AND DELEGATION OF
AUTHORITY AT NAGPUR MUNICIPAL CORPORATION
(NMC) NAGPUR
Dilip B. Gupta
Research Scholar,
Dr. Ambedkar Institute of Management Studies and Research,
Nagpur - 440 010
Dr. Sujit G. Metre
Professor,
Dr. Ambedkar Institute of Management Studies and Research,
Nagpur - 440 010
ABSTRACT
For meaningful decentralization of any urban local body, the three types of decentralization
i.e. Political, Administrative and Fiscal Decentralization is required. In India, 74th
Constitutional
Amendment Act (CAA), 1992, has given constitutional recognition to Urban Local Bodies (ULBs)
of India. The 74th
CAA envisaged decentralization within municipality having population more than
3 lakhs into Ward Committees (WCs) for providing better civic services to citizens. The City of
Nagpur Corporation (CNC) Act 1948, which governed the working of Nagpur Municipal
Corporation (NMC) until 2012 also envisaged decentralization of NMC, i.e. decentralization of zone
into wards and constitution of WCs for better linkages with citizen. In this paper, authors have
focused on type and extent of Political, Administrative and Fiscal Decentralization which has taken
place in NMC after its decentralization during the time period from 2004 to 2010.
Keywords: Decentralization, Delegation of Authority, NMC, Wards of NMC, Zones of NMC.
1. INTRODUCTION
Decentralization means diffusion of authority. The dispersal of authority of decision-making
to the lower level management is termed as decentralization. Decentralization of authority is a
fundamental phase of delegation and the extent to which authority is not delegated is called
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centralization. For e.g. according to Fayol "Everything that goes to increase the importance of the
subordinate's role is called decentralization."
Decentralization in relation to local governing bodies denotes disperse of office services and
activities. The necessity of decentralization of office services occurs when official activities are
performed at functional departmental level. Thus, decentralization in relation to governing may
include departmentalization of activities. When authority is dispersed, decentralization is present.
The need for decentralization is felt when the ecosystem grows in its size which necessitates
diversification or decentralization of office activities. Decentralization occurs at the time of decisions
of routine nature but if decisions are vital, the authority is not decentralized. The technological
development, political factors, availability of manpower also affects the degree of decentralization.
In view of the importance of Nagpur City in the 21st century India, it is necessary that a more
comprehensive assessment of the civic amenities and the systems, which govern it, be studied.
Besides, the fast pace industrialization and continuous population growth also demand that a more
robust local governing body be present for discharging civic services related duties. Since, the city is
expected to grow exponentially in the near future, it is necessary to study decentralization and
delegation of authority at NMC, Nagpur.
2. REVIEW OF RELATED LITERATURE
In the words of Henri Fayol, “everything that goes to increase the importance of the
subordinate’s role is decentralization and everything that goes to reduce it is centralization.”
Sherlekar and Sherlekar (2005) explained decentralization from management perspective that
“decentralization is closely related to delegation, it includes all areas of management and its demands
much more than handing over authority to subordinates. Decentralization refers to the systematic
effort to delegate to the lowest levels (where action takes place) all authority except that which can
only be exercised at the central points. Delegation refers primarily transfer of authority from one
individual to another.” According to Koontz and Weihrich (2010) “decentralization is the tendency
to disperse decision making authority in an organized structure”.
Rondinelli (1981) defined decentralization in general terms as “the transfer of authority or
dispersal of power, in public planning, management and decision making from national level to sub
national levels or more generally from higher to lower level of government.” According to World
Bank (2000a) “Decentralization is a process through which authority and responsibilities for some
substantial government functions are transferred from central government to intermediate and local
governments, and often also to communities.” Such transfers can involve the power to decide the
allocation and distribution of public resources, the power to implement programs and policies and
the power to raise and spend public revenues for these and other purposes. These three powers we
can classify broadly as political, administrative and fiscal decentralization are described below:
a) Political decentralization: transfers policy and legislative powers from central government to
autonomous, lower-level assemblies and local councils that have been democratically elected by
their constituencies.
b) Administrative decentralization: places planning and implementation responsibility in the hands
of locally situated civil servants and these local civil servants are under the jurisdiction of elected
local governments.
c) Fiscal decentralization: accords substantial revenue and expenditure authority to intermediate
and local governments.
According to Human Rights Organization (2013) the Indian parliament passed the Local Self
Government Acts through two amendments of the Constitution (73rd
for Panchayats and 74th
for
urban bodies) in 1992. The 73rd
and 74th
CAAs are sister legislations passed by the Parliament in
1992. The 73rd
CAA provided directions for the creation of Panchayats in the rural areas and the 74th
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
40
CAA provided for the creation of Municipalities in urban areas. The two legislations laid a broad
framework for the setting up of Panchayats and Municipalities by the states.
The setting up of vital institutions necessary for the efficient functioning of the local bodies
such as the District Planning Committee (DPC), Metropolitan Planning Committee (MPC), Wards
Committee (WC), State Finance Commission (SFC), State Election Commission (SEC) etc., has
been made mandatory by the Constitution.
World Bank (2000b) described in its unpublished report that the decentralization process is
distinct for urban and rural areas. The 73rd
CAA governs rural decentralization, whereas the 74th
CAA mandates urban decentralization.
Pria (2008) in its Occasional Paper Series on Urban Governance described 74th
CAA as a
milestone in the context of urban India, in the sense that it gave Constitutional validity to urban local
bodies, codified the procedure for their constitution and defined their structure, functions and
resource generation capabilities. The Act aimed at greater clarity between states and urban local
governments in terms of devolution of adequate powers and resources to enable the latter to function
as vibrant institutions of local self-governance. Pungavkar (2009) mentioned that “the 74th
CAA
envisages creation of WC through division of Municipality having population more than three lakhs
into territorial constituencies known as Ward for better linkages with citizen. The WC may consist of
one or more wards.”
Provisions of the CNC Act (1948) also suggest decentralization of NMC into zones, each
zone consisting of group of wards. Section 38A of the CNC Act (1948) envisaged decentralization of
NMC into various zones and constitution of ward committee in each zone. Section 38A has
also given guidelines regarding WC such as its constitution, duration, members, functions, etc.
3. NAGPUR MUNICIPAL CORPORATION (NMC), NAGPUR
NMC is democratically elected civic governing body. Nagpur Improvement Trust (NIT)
works with NMC and carries out works like development of the civic infrastructure and new urban
areas on behalf of NMC. NMC and NIT together are in charge of the civic and infrastructure needs
along with development of new areas.
As per the CNC Act, 1948 the key responsibility for providing Nagpur’s citizens basic urban
services lies with the NMC. These services include water supply, sewerage, waste management,
slum improvement, land use planning, construction and maintenance of internal roads, street
lighting, maintenance of parks and gardens, providing primary health and education facilities, etc.
The Nagpur city is divided in 10 zones which are in turn divided into 72 prabhags (wards).
Each prabhag is represented by two Corporators, who are elected by citizens of concerned prabhag.
The Corporation consisting elected corporators elects a Mayor who along with a Deputy
Mayor heads the organization. Mayor carries out the activities through various committees such as
the standing committee, health and sanitation committee, education committee, water works, public
works, public health and market committee.
The administrative head of the Corporation is the Municipal Commissioner (MC), who along
with the Additional Municipal Commissioner (AMC), Deputy Municipal Commissioners (DyMCs),
Head of Departments (HODs), etc. carries out various activities related to engineering, health and
sanitation, taxation and its recovery. Various departments such as public relations, library, health,
finance, buildings, slums, roads, street lighting, traffic, establishment, gardens, public works, local
audit, legal services, water works, education, octroi and fire services manage their specific activities.
The activities of NMC are administered by its zonal offices.
There are 10 zonal offices of NMC, Nagpur with its Headquarter (HQ) at Civil Lines,
Nagpur. Zonal offices are the focal points in the decentralized pattern of NMC.
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
41
Zone No. 1 – Laxminagar Zone
Zone No. 2 – Dharampeth Zone
Zone No. 3 –Hanuman Nagar Zone
Zone No. 4 - Dhantoli Zone
Zone No. 5 – Nehru Nagar Zone
Zone No. 6 – Gandhibagh Zone
Zone No. 7 – Satranjipura Zone
Zone No. 8– Lakadganj Zone
Zone No. 9– Ashinagar Zone
Zone No. 10 – Mangalwari Zone
4. DECENTRALIZATION AND DELEGATION OF AUTHORITY AT NMC
4.1 Introduction
It has been discussed in the Section 2 above that for meaningful decentralization of local
bodies following three types of decentralization is required:
1. Political decentralization
2. Administrative decentralization
3. Fiscal decentralization
It has been also discussed that the 74th
CAA gave constitutional validity to urban local
bodies, codified the procedure for their constitution and defined their structure, functions and
resource generation capabilities.
Decentralization of NMC shall be studied in the following sections in light of above.
4.2 Political Decentralization at NMC
The 74th
CAA also envisages creation of Wards Committee through division of municipality
having population more than 3 lakhs into territorial constituencies known as ward for better linkages
with citizen.
Section 38A of the CNC Act, 1948 envisaged decentralization of zone into wards and
constitution of wards committee in NMC.
Accordingly in year 2009 NMC constituted ten Wards Committees for its ten zones, each
comprising electoral wards of concerned zone.
4.2.1 Constitution of the Wards Committee
Each wards committee consists of:
(a) The Councillors (Corporators) representing the electoral wards within territorial areas of the
Wards Committee.
(b) Assistant Commissioner / Ward officer of the zone of NMC.
(c) Representatives not exceeding three of recognized Non Governmental Organizations (NGOs)
and community based organizations engaged in social welfare activities working within the area of
the Wards Committee and are registered electors of the wards within the jurisdiction of the Wards
Committee.
4.2.2 Duration of the Wards Committee
Duration of the Wards Committee is co-terminus with the duration of the elected Councillors
of NMC.
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
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4.2.3 Chairperson of the Wards Committee
a) Chairperson of the Wards Committee is elected by all elected Councillors of the zone of
NMC in first meeting of the Wards Committee in each official year. Chairperson holds office for one
complete official year which is usually from 1st
May to 30th
April of the next year.
b) The Chairperson of the Wards Committee is required to vacate the office as soon as he ceases
to be a Councillor.
c) In the event of the office of the chairperson falling vacant before the expiry of its term, the
Wards Committee elects a new chairperson.
4.2.4 The Functions of the Wards Committee
The functions of the Wards Committee shall, subject to the general supervision and control of
the NMC is as follows:
a) The speedy redressal of common grievances of citizens connected with local and essential
municipal services like water supply, drainage, sanitation and storm water disposal;
b) To consider and make recommendations on the proposals regarding estimates of expenditure
pertaining to the wards under different heads of account of the budget before being forwarded to the
Commissioner;
c) To grant administrative approval and financial sanction to the plans for municipal works to
be carried out within the territorial area of the Wards Committee provided that a specific provision
exists in the budget sanctioned by the NMC, etc.
4.3 Administrative Decentralization at NMC
It has been discussed in the Section 2 above that 10 zonal offices of NMC are the focal points
in the decentralized pattern of NMC. Each zone has distinct geographical area and works as mini
Municipal Corporation for that area.
NMC started decentralizing its services of providing basic amenities at zonal offices in the
year 2004. For knowing the extent of administrative decentralization at zonal level, the
administrative set up at zonal level before and after decentralization is studied in following Section:
4.3.1 Administrative setup and working of zonal offices prior to decentralization i.e. before
2004
At zonal level the following officers/employees were there prior to year 2004
1) Sub Divisional Engineer (SDE) - Public Works Department (PWD)
2) Sub Divisional Engineer (SDE) - Water Works Department (WWD)
3) Section Engineers/ Junior Engineers (Sect. Engr./J.E.) - PWD
4) Sectional Engineers/ Junior Engineers – WWD
5) Junior Engineer (JE) – Electrical Department
6) Zonal Officer (ZO) - Health
7) Senior Sanitary Inspector / Sanitary Inspector - Health
8) Other employees such as Civil Engineering Assistants (CEAs), Safai Karamchari, Jamadars
,etc.
Sub Divisional Engineer (PWD) was given the charge of Zonal Officer (Ward Officer) till
2004 . There was no head of zone (office head of the zone) as such up to year 2004.
The zonal officer neither had administrative authority nor financial authority nor status of a
office head. He was just a coordinating link between Headquarter (Head office) and zonal office. All
zonal employee and officers were reporting and answerable to their HODs who were stationed at
Headquarter. Citizens of the zones were required to go to Headquarter for getting basic civic
amenities. Also employees and officers were frequently required to go to Headquarter for getting
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
43
various approvals such as financial provision, technical and administrative approval of routine and
developmental works to be carried out in the zone.
Thus citizens, employees and officers of NMC had to waste a lot of time and energy for
getting approvals/clearances of their routine work from Headquarter.
4.3.2 Administrative setup and working of zonal offices after decentralization i.e. after 2004
In year 2004 NMC started decentralizing its activities with following objectives:
a) To reduce unnecessary hardship of Citizen from travelling long distances to NMC
Headquarter for getting basic amenities or for doing NMC related work. Post decentralization all
basic services of NMC are available at zonal office which is near to their residence.
b) To solve routine problems of citizens regarding water supply, sewerage disposal, sanitation,
water logging, street lights, roads, etc., quickly and efficiently at zonal level.
c) For micro level planning for the development of the city.
d) To reduce dependence of employees and officer on HODs who are stationed at headquarter
for getting approval of routine works. This saves time and energy of employees and officers and also
relieves HODs of routine work. HODs can now concentrate on planning, policy making, etc.
e) To shift works of routine nature from Headquarter to zone office.
Considering above objectives NMC appointed Assistant Commissioners/Ward Officers
(ACs/WOs) in the year 2004. Ten ACs/WOs were posted at 10 zonal offices as Office Heads. All
officers and employees of the zonal offices are now reporting and answerable to these ten ACs/WOs.
ACs/WOs were appointed to discharge duties of ward officers in all the ten zones of the
NMC. They have been delegated various authorities, primarily aimed at ensuring that all essential
municipal services are efficiently, speedily and effectively provided to the citizens of the concerned
NMC zone. For this ACs/WOs have been given powers of supervision in respect of all development,
tax and property related activities and activities related to Octroi, cleanliness and sewerage disposal,
maintenance of street lights, prevention and removal of encroachments, maintenance of man hole
and chamber covers and sanctioning of ward works, etc.
After appointment of these ACs/WOs Municipal Commissioner (MC) has delegated various
administrative and financial authorities to them.
4.3.3 Administrative Authority Delegated to ACs/WOs
The extent to which administrative authority is delegated to AC /WO shall be studied in this
sub section in light of the following points:
a) Administrative authority delegated for effective and efficient implementation of various
provisions/sections/bye-laws of the CNC Act, 1948 which governs the working of NMC.
b) Administrative authority delegated for granting administrative sanctions to developmental
and other works under various expenditure heads of NMC.
c) Administrative authority delegated related with discharging of Human Resource Department
(HRD) functions.
d) Administrative authority delegated for miscellaneous purpose.
4.3.3.1 Administrative authority delegated for effective and efficient implementation of various
provisions/sections/bye-laws of the CNC Act, 1948
In exercise of the powers vested in Municipal Commissioner under section 59(5) of the CNC
Act, 1948 and all other powers enabling in that behalf Municipal Commissioner has delegated
administrative authority to AC/WO for implementation of following provisions/sections/bye-laws for
their concerned administrative zones.
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
44
Table 1: Administrative authority delegated to AC/WO for implementation of various
provisions/sections of the CNC Act, 1948
S.No. Section Particulars
1 52 1) Municipal officer or servants not to be interested in any contract with
Corporation.
2) If any municipal officers or servant acquires, directly or indirectly, by himself or
by his partner any share or interest, he shall cease to be a municipal officer or
servant, and his office shall become vacant.
2 182 Power to require removal of nuisance arising from tanks and the like.
3 227 to 233 To grant No Objection Certificate and license for all dangerous trades under the
provisions of chapter XVIII sections 227 to 233.
4 274 to 280 This sections are regarding Building Control
274 Notice of buildings.
275 Commissioner to refuse erection or re-erection of buildings.
276 Grounds on which site of proposed building may be disapproved.
277 Grounds on which permission to erect or re-erect building may be refused.
278 Power of Commissioner to direct modification of a sanctioned plan of a building
before its completion.
279 Lapse of sanction after one year from the date of such sanction.
280 Completion certificate and permission to occupy or use.
5 289 Removal of buildings in dangerous state.
423 Power of Corporation in the event on non-compliance.
6 303 Prohibition of obstructions in streets.
7 304 Streets not to be opened or broken up and building material not to be deposited
therein without permission.
8 305 Ground floor doors, etc., not to be open outwards on streets.
9 306 Powers to require removal of old projections.
10 380 Procedure in prosecution. This section is to be used for keeping control over
unauthorized banners, hoardings, etc. and to take action as per guidelines given in
this section
11 Miscellaneous administrative authority delegated in respect of following bye-laws/ matters
a Sanctioning of water connections of all diameters and all categories including
charging of pipelines in all layouts of the zone.
b Hearing and deciding objections on all water bills of all categories.
c Revaluation/ Assessment/ Reassessment of properties of concerned zone i.e.
authority of Assessor for the concerned zone.
d Maintenance and all matters related with NMC owned Social Halls/ Samaaj
Bhawans and authority of giving permission for temporay usage of these Halls/
Bhawans for social, religious and cultural purpose.
e Authority to give permission of erecting hoardings/ banners on private properties in
the concerned zone.
12 Administrative authority delegated in respect of following sections of Maharashtra Regional &
Town Planning (M.R. & T.P.) Act, 1966
53,54,55,56
and 142 of
M.R. & T.P.
Act 1966
Authorized to take actions under sections 53,54,55,56 and 142 of Maharashtra
Regional & Town Planning (M.R. & T.P.) Act, 1966 which are concerned with
Building Control & are analogous to Sections 274 to 280 of the CNC Act, 1948
given above. These sections of M.R. & T.P. Act, 1966 are elaborated as under:
53 Power to require removal of unauthorized development
54 Power to stop unauthorized development
55 Removal or discontinuance of unauthorized temporary development summarily
56 Power to require removal of authorized development or use
142 Sanction of prosecution
Source: NMC Delegation Orders from 2004 to 2010
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
45
4.3.3.2 Administrative authority delegated for granting administrative sanctions to
developmental and other works under various expenditure heads of NMC
Municipal Commissioner has delegated authority for granting administrative sanctions to
various developmental and other works under various Revenue and Capital Expenditure Heads as
shown in Table 2 and Table 3 respectively.
Table 2: Heads under Revenue Expenditure
Sr.
No.
New
Head
Old
Head
Department Expenditure Head
1 53 78 Library Maintenance and Repairing of Library
2 145 177 Market Maintenance and Repairing of Market
3 170 218 Animal Shelter House
Maintenance and Repairing of Animal Shelter
House
4 251 308 Health Repairing of Hospital
5 287 353 Underground Drainage Manhole Cover and Jaali Purchase
6 290 356 Underground Drainage Maintenance and Repairing of Public Toilets
7 291 357 Underground Drainage Maintenance of Rainwater Nullah
8 292 358 Underground Drainage Nullah Repairing
9 293 365 Underground Drainage Manhole Repairing
10 326 392 PWD (City Engineer) Repairing of NMC Buildings
11 327 393 PWD (City Engineer) Emergency Works in Prabhags
12 330 399 PWD (City Engineer)
Maintenance ,Repairing and beautification of
Statues
13 331 400 PWD (City Engineer) Repairing of Wells
14 332 401 PWD (City Engineer) Repairing of NMC Properties
15 334 403 PWD (City Engineer) Slum Maintenance and Repairing
16 367 461 Hot Mix Plant Road Pot Holes Repairing
17 368 467 Hot Mix Plant Repairing of Road/Cable Cut
18 385 504 Garden Repairing of Chowkidaar Quarter
19 459 624 Education Repairing of Primary School Building
20 460 625 Education Repairing of Middle School Building
Source: NMC Delegation Orders and NMC Financial Budgets.
Table 3: Heads under Capital Expenditure
Sr.
No.
New
Head
Old
Head
Department Expenditure Head
1 561 80 Library Construction and Extension of Library
2 590 220 Animal Shelter House Construction of Animal Shelter House
3 611 360 Underground Drainage Construction of Public Toilets/Urinals in Market
4 612 361 Underground Drainage Construction of Public Urinals
5 613 363 Underground Drainage Underground Drainage
6 617 369 Underground Drainage Ladies Urinal in Market
7 620 372 Underground Drainage Nirmal Sahar Yojana
8 637 419 PWD Fabrication and Fitting of Jaali on Well
9 641 423 PWD Ward Fund
10 676 472 Hot Mix Plant/ Road Construction and Repairing of Roads
11 680 479 Hot Mix Plant/ Road Works in 572 and 1900 layouts handed over by NIT
12 716 517 Electrical
Fitting of 50/70 Watts Sodium Lamps on
MSETCL*** Poles
13 719 521 Electrical Phase Installation on MSETCL*** Poles
14 756 700 Education
Improvement/Provision of Basic Amenities in
School.
*** Maharashtra State Electricity Transmission Company Limited (MSETCL)
Source: NMC Delegation Orders and NMC Financial Budgets.
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
46
Prior to decentralization these authority was delegated to sector coordinator/ sector DyMC.
Because of this, there used to be inordinate delay in getting administrative sanction of works under
above expenditure heads. Now since administrative sanctions of above heads are granted at zonal
level there is considerable saving in time especially for getting approval of emergency work.
4.3.3.3 Administrative authority delegated related with discharging of Human Resource
Department (HRD) functions
Municipal Commissioner has also delegated following HRD related authority to AC /WO at
zonal level.
1) To take disciplinary action against class 3 and 4 employees of the zone under section 52 of
the CNC Act, 1948 as mentioned in Table 1 above.
2) To regularly update and certify service books of all employees of the zone.
3) To sanction casual leave of all employees of the zone.
4) To sanction all types of leave not exceeding 60 days of class 2, 3 and 4 employees of the
zone.
5) To prepare and forward pension cases of all employees of the zone whose retirements are due
on account of superannuation or voluntary.
6) To write annual Confidential Report (CR) in the capacity of Reporting Officer of all class 2,
3 and 4 employees of the zone and forward CR to respective Reviewing Officer of the zone.
7) To transfer class 3 and 4 employees within various departments of the zone.
8) To grant and recover festival advance given to employees of the zone subject to financial
provision in the budget and prior approval of Chief Accounts and Finance Officer.
4.3.3.4 Administrative authority delegated for miscellaneous purpose
In addition to above, Municipal Commissioner has also delegated following miscellaneous
authority to AC/WO at zonal level:
i) AC/WO is designated and given status of Office Head of the zone office.
ii) AC/WO is also given status of Drawing and Disbursing Officer (DDO).
iii) To represent NMC as an Appellate Information Authority for concerned Zonal Office of
following Departments/matters of the zone under provision of sections of Right to Information (RTI)
Act, 2005.
1. Health (Sanitation) Department,
2. Marriage Registration Department,
3. Tax and Tax Assessment Department,
4. PWD / Building Department,
a) Matters related to action against unauthorized construction, dilapidated and dangerous
buildings, etc.
b) Matters related to sanction of building permit of area 500 sq.metres and below.
5. All Administrative matters related to the concerned zone.
4.4 Fiscal Decentralization
In fiscal decentralization substantial revenue and expenditure authority is accorded to
intermediate and local governments. In context with fiscal decentralization, Bardhan (1996)
described that “this largely involves assignment of expenditures and revenues to lower-level
governments.” According to Manor (1999) “in fiscal decentralization, central governments transfer
influence over budgets and other financial powers either to local governments or to their own
regional/local offices. In the former case, budgetary powers are transferred to local governments”.
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
47
Applying analogy of above meaning of fiscal decentralization to NMC, fiscal
decentralization in NMC is studied as follow:
a) Assignment of expenditures and revenues from NMC Headquarter to zonal level offices i.e.
share of zone offices in total revenues and expenditures.
b) Secondly transfer of influence over budget by NMC Headquarter to 10 zonal offices of NMC
shall be studied.
c) Lastly delegation of financial authority from headquarters to AC/WO who heads zonal
offices shall be studied.
4.4.1 Assignment of expenditures and revenues from NMC Headquarter to zonal level offices
i.e. share of zone offices in total revenues and expenditures
Post decentralization following types of revenue and expenditure were transferred from
Headquarter to zonal offices.
4.4.1.1 Revenue heads
Post decentralization from 2005-2006 onwards task of generating revenue from revenue
heads like property tax, water tax and market recovery were transferred from Headquarter to zone
office. Revenue generated from these sources before and after decentralization is shown in Table 4.
4.4.1.2 Expenditure heads
With an objective of making zonal offices financially independent for handling routine works
and problems related to sewerage disposal, water supply, water logging, street lighting, roads,
emergency work etc., quickly and efficiently at zonal level various heads under revenue expenditure
and capital expenditure were transferred from Headquarter to zonal office. These heads are
mentioned in Table 2 and Table 3 given above.
4.4.2 Transfer of influence over budget by NMC Headquarter to 10 zonal offices of NMC
After decentralization NMC Headquarter decentralized budget preparation of aforesaid
revenue and capital expenditure heads to zonal level. Post decentralization certain amount under
each head mentioned in Table 2 and Table 3 is allocated to each zone, proportionate to its
population, whereas prior to decentralization there was no allocation of amount as shown in Table 5.
Table 4 : Revenue of NMC Before and After Decentralization (Figures in Lakhs of Rupees)
<---------Revenue Before Decentralization----------> <----------Revenue After Decentralization--------->
S
N
SOURCE 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 *** 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11
1 OCTROI * 8763.56 10185.64 11753 12498.6 13387 15296.31 16894.71 20197.32 23413.00 27178.00 29514.2 36278.4
2
PROPERTY
TAX*
3217.85 4432.81 5913 6057.97 5521.64 5795.98 6942.14 6753.76 8846.14 7613.9 10524.88 13255.7
3 WATER TAX* 1765.23 3122.54 4384.21 4507.23 4891.2 5146.01 4840.70 5011.43 5116.00 4771.08 7139.00 8970.8
4
MARKET
RECOVERY*
155.98 287.28 284.25 229.56 229.06 221.89 259.75 266.91 216.46 285.5 387.87 363.75
5
GOVT.
GRANTS*
3239.84 2501.61 2831.74 2023.35 3000.83 4072.31 3800.63 3749.53 3304.18 3951.55 4345.77 5498.45
6 LOAN* 702 3470 165 6610.07 0.00 0.00 2657.00 4413.00 0.00 0.00 5000 10000
7
ADVANCES,
INVESTMENT
ETC.*
1648.97 2173.7 3920.34 3756.74 3044.75 3272.03 4244.86 5704.17 4032.75 7096.13 8559.9 6412.11
TOTAL-> 19493.43 26173.58 29251.54 35683.53 30074.48 33804.53 39639.79 46096.12 44928.53 50896.16 65471.62 80779.2
* Figures in Lakhs of Rupees, *** Year of Decentralization - 2004-05
Source: NMC Budgets of Financial Years from 1999-00 to 2010-11
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
48
Table 5: Provisions made in Zonal Budget under Various Expenditure Heads Before and After
Decentralization
S.
No.
Financial
Year
Provision for
Total
Expenditure
of NMC*
Provision for Zonal Work under various Expenditure Heads
Revenue
Expenditure*
Capital
Expenditure*
Total
Expenditure*
% Provision of
Total Expenditure
of NMC
Before Decentralisation * Figures in Lakhs of Rupees, Year of Decentralization - 2004-05
1 2000-01 43330 NIL NIL 0 0
2 2001-02 39836 NIL NIL 0 0
3 2002-03 39146.22 NIL NIL 0 0
4 2003-04 48636.86 NIL NIL 0 0
5 2004-05 43959.66 NIL NIL 0 0
After Decentralisation
6 2005-06 55480.83 233 1287 1520 2.74
7 2006-07 54414.45 550.75 1183.17 1733.92 3.19
8 2007-08 61237.98 971.17 2902.47 3873.64 6.33
9 2008-09 78473.91 1251.81 3498.15 4749.96 6.05
10 2009-10 87598.01 1215.9 4894.99 6110.89 6.98
11 2010-11 119312.88 809.89 3808.92 4618.81 3.87
Source: NMC Budgets of Financial Years from 2000-01 to 2010-11
Task of preparing zonal budget of these heads and allocated amount is entrusted to AC/WO
at zonal level. Every year AC/WO prepare zonal budget of above heads in consultation with Wards
Committee, Corporators, citizens, subordinates, etc., keeping in view departmental and zonal needs .
AC/WO then presents the zonal budget before Wards Committee. Chairperson of the Wards
Committee then forwards the zonal budget with modifications, if any, to Headquarter for inclusion in
main NMC budget.
Budget is then presented before House for discussion and sanction. Once the budget is passed
in the House (including zonal budget) with modification, if any, then the task of implementing the
same at zonal level i.e. execution of the work proposed under zonal heads in the zone is entrusted to
AC/WO.
4.4.3 Delegation of financial authority from Headquarter to AC/WO who heads zonal office
Municipal Commissioner has also delegated financial authority to grant financial sanctions to
the works under zonal heads to AC/WO. Details of these heads are listed in Table 2 and Table 3.
5. CONCLUSION
Thus, in this paper, type and extent of Political, Administrative and Fiscal decentralization
which has taken place in NMC during the time period from 2004 to 2012 has been studied, discussed
and reported.
It can be concluded that in the light of 74th
CAA and provisions of the CNC Act, 1948 all
three types of decentralization i.e. Political, Administrative and Fiscal decentralization has been done
to fair extent in NMC.
6. ACKNOWLEDGEMENTS
The authors are thankful to Dr. Sudhir S. Fulzele, Director, Dr. Ambedkar Institute of
Management Studies and Research, Nagpur for his guidance and inputs to this paper.
International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online),
Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME
49
REFERENCES
1. Bakshi, P.M. (2003). The Constitution Of India, 5th
edition, Universal Law Publishing Co. Pvt. Ltd.,
Delhi
2. Bardhan, P. (1996). “Decentralised Development”, Indian Economic Review, Vol. XXXI, No.2, 1996,
pp. 139-156
3. Human Rights Organization (2013), “Decentralization and Municipalities”. Retrieved from
http://www.humanrightsinitiative.org/publications/ const/municipality.pdf on 24th August, 2013
4. Koontz H., & Weihrich, H. (2010). Essentials of Management – An International Perspective, 8th
edition, Tata McGraw Hill Education Private Limited, New Delhi.
5. Manor, J. (1999). “The Political Economy of Democratic Decentralisation”, The World Bank,
Washington, DC. in Gopinath, D. (2009), “Decentralization in India: Towards Localism or
Regionalism?” Common Wealth Journal of Local Governance, Issue 4, November 2009, pp.101-112
6. NMC Budgets of Financial Years from 1999-00 to 2010-11
7. NMC Delegation Orders from 2004 to 2010
8. NMC Guideline Booklet on Delegation of Various Administrative and Financial Authority to NMC
Officers, 2005
9. Pria (2008) – An International Centre for Learning and Promotion of Participation and Democratic
Governance, New Delhi, “Democratic Decentralisation of Urban Governance”, Occasional Paper
Series No. 4 on Urban Governance, December, 2008, pp.3-7
10. Pungavkar, A., A. (2009). “74th
Amendment Act India, 1992 and its Effect on Urban Institutions”.
Indian Institute of Technology, Kharagpur. Retrieved from
http://www.scribd.com/doc/37345465/74th-Amendment on 24th Aug’ 2013
11. Rondinelli, D.A. (1981). “Government Decentralisation in Comparative Theory and Practice in
Developing Countries”, International Review of Administrative Sciences, Vol. 47(2), pp. 133-145 in
Mills, A., Vaughan J., P., Smith, D., L., & Tabibzadeh, I. (eds.) (1990), “Health System
Decentralisation – Concept, Issues and Country Experience”, World Health Organisation.
12. Sherlekar, S.A., & Sherlekar, V.S. (2005). Principles of Business Management, 3rd
edition, Himalaya
Publishing House, Mumbai
13. The City of Nagpur Corporation (CNC) Act, 1948 (C.P. and Berar II of 1950) , Government of
Maharashtra Law and Judiciary Department, 1996, Govt. Central Press, Mumbai
14. The Maharashtra Regional and Town Planning (M.R. & T.P.) Act, 1966, (Maharashtra Act no.
XXXVII of 1966), Government of Maharashtra Law and Judiciary Department, 2004, Govt. Central
Press, Mumbai
15. World Bank (2000a). “Overview of Rural Decentralization in India. Volume-I”, Unpublished report,
World Bank. Retrieved from http://www1.worldbank.org /publicsector/ civilservice
/june2004seminar/RuralDecent.pdf on 24th August, 2013
16. World Bank (2000b). “Overview of Rural Decentralization in India. Volume-II, Approaches to Rural
Decentralization in Seven States”, Unpublished report, World Bank. Retrieved from
http://wwwwds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2004/03/08/000160016
_20040308153144/Rendered/PDF/280140v120IN0Rural0decentralization.pdf on 24th August, 2013.
17. Arti Pamnani and Meka Srinivasarao, “Municipal Solid Waste Management in India: A Review and
Some New Results” International Journal of Civil Engineering & Technology (IJCIET), Volume 5,
Issue 2, 2014, pp. 1 - 8, ISSN Print: 0976 – 6308, ISSN Online: 0976 – 6316.
WEBLIOGRAPHY
• www.jnnurm.nic.in
• www.maharashtra.gov.in
• www.nmcelection.org
• www.nmcnagpur.gov.in

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Decentralization and delegation of authority at nagpur municipal corporation nmc nagpur

  • 1. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 38 DECENTRALIZATION AND DELEGATION OF AUTHORITY AT NAGPUR MUNICIPAL CORPORATION (NMC) NAGPUR Dilip B. Gupta Research Scholar, Dr. Ambedkar Institute of Management Studies and Research, Nagpur - 440 010 Dr. Sujit G. Metre Professor, Dr. Ambedkar Institute of Management Studies and Research, Nagpur - 440 010 ABSTRACT For meaningful decentralization of any urban local body, the three types of decentralization i.e. Political, Administrative and Fiscal Decentralization is required. In India, 74th Constitutional Amendment Act (CAA), 1992, has given constitutional recognition to Urban Local Bodies (ULBs) of India. The 74th CAA envisaged decentralization within municipality having population more than 3 lakhs into Ward Committees (WCs) for providing better civic services to citizens. The City of Nagpur Corporation (CNC) Act 1948, which governed the working of Nagpur Municipal Corporation (NMC) until 2012 also envisaged decentralization of NMC, i.e. decentralization of zone into wards and constitution of WCs for better linkages with citizen. In this paper, authors have focused on type and extent of Political, Administrative and Fiscal Decentralization which has taken place in NMC after its decentralization during the time period from 2004 to 2010. Keywords: Decentralization, Delegation of Authority, NMC, Wards of NMC, Zones of NMC. 1. INTRODUCTION Decentralization means diffusion of authority. The dispersal of authority of decision-making to the lower level management is termed as decentralization. Decentralization of authority is a fundamental phase of delegation and the extent to which authority is not delegated is called INTERNATIONAL JOURNAL OF MANAGEMENT (IJM) ISSN 0976-6502 (Print) ISSN 0976-6510 (Online) Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME: http://www.iaeme.com/IJM.asp Journal Impact Factor (2015): 7.9270 (Calculated by GISI) www.jifactor.com IJM © I A E M E
  • 2. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 39 centralization. For e.g. according to Fayol "Everything that goes to increase the importance of the subordinate's role is called decentralization." Decentralization in relation to local governing bodies denotes disperse of office services and activities. The necessity of decentralization of office services occurs when official activities are performed at functional departmental level. Thus, decentralization in relation to governing may include departmentalization of activities. When authority is dispersed, decentralization is present. The need for decentralization is felt when the ecosystem grows in its size which necessitates diversification or decentralization of office activities. Decentralization occurs at the time of decisions of routine nature but if decisions are vital, the authority is not decentralized. The technological development, political factors, availability of manpower also affects the degree of decentralization. In view of the importance of Nagpur City in the 21st century India, it is necessary that a more comprehensive assessment of the civic amenities and the systems, which govern it, be studied. Besides, the fast pace industrialization and continuous population growth also demand that a more robust local governing body be present for discharging civic services related duties. Since, the city is expected to grow exponentially in the near future, it is necessary to study decentralization and delegation of authority at NMC, Nagpur. 2. REVIEW OF RELATED LITERATURE In the words of Henri Fayol, “everything that goes to increase the importance of the subordinate’s role is decentralization and everything that goes to reduce it is centralization.” Sherlekar and Sherlekar (2005) explained decentralization from management perspective that “decentralization is closely related to delegation, it includes all areas of management and its demands much more than handing over authority to subordinates. Decentralization refers to the systematic effort to delegate to the lowest levels (where action takes place) all authority except that which can only be exercised at the central points. Delegation refers primarily transfer of authority from one individual to another.” According to Koontz and Weihrich (2010) “decentralization is the tendency to disperse decision making authority in an organized structure”. Rondinelli (1981) defined decentralization in general terms as “the transfer of authority or dispersal of power, in public planning, management and decision making from national level to sub national levels or more generally from higher to lower level of government.” According to World Bank (2000a) “Decentralization is a process through which authority and responsibilities for some substantial government functions are transferred from central government to intermediate and local governments, and often also to communities.” Such transfers can involve the power to decide the allocation and distribution of public resources, the power to implement programs and policies and the power to raise and spend public revenues for these and other purposes. These three powers we can classify broadly as political, administrative and fiscal decentralization are described below: a) Political decentralization: transfers policy and legislative powers from central government to autonomous, lower-level assemblies and local councils that have been democratically elected by their constituencies. b) Administrative decentralization: places planning and implementation responsibility in the hands of locally situated civil servants and these local civil servants are under the jurisdiction of elected local governments. c) Fiscal decentralization: accords substantial revenue and expenditure authority to intermediate and local governments. According to Human Rights Organization (2013) the Indian parliament passed the Local Self Government Acts through two amendments of the Constitution (73rd for Panchayats and 74th for urban bodies) in 1992. The 73rd and 74th CAAs are sister legislations passed by the Parliament in 1992. The 73rd CAA provided directions for the creation of Panchayats in the rural areas and the 74th
  • 3. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 40 CAA provided for the creation of Municipalities in urban areas. The two legislations laid a broad framework for the setting up of Panchayats and Municipalities by the states. The setting up of vital institutions necessary for the efficient functioning of the local bodies such as the District Planning Committee (DPC), Metropolitan Planning Committee (MPC), Wards Committee (WC), State Finance Commission (SFC), State Election Commission (SEC) etc., has been made mandatory by the Constitution. World Bank (2000b) described in its unpublished report that the decentralization process is distinct for urban and rural areas. The 73rd CAA governs rural decentralization, whereas the 74th CAA mandates urban decentralization. Pria (2008) in its Occasional Paper Series on Urban Governance described 74th CAA as a milestone in the context of urban India, in the sense that it gave Constitutional validity to urban local bodies, codified the procedure for their constitution and defined their structure, functions and resource generation capabilities. The Act aimed at greater clarity between states and urban local governments in terms of devolution of adequate powers and resources to enable the latter to function as vibrant institutions of local self-governance. Pungavkar (2009) mentioned that “the 74th CAA envisages creation of WC through division of Municipality having population more than three lakhs into territorial constituencies known as Ward for better linkages with citizen. The WC may consist of one or more wards.” Provisions of the CNC Act (1948) also suggest decentralization of NMC into zones, each zone consisting of group of wards. Section 38A of the CNC Act (1948) envisaged decentralization of NMC into various zones and constitution of ward committee in each zone. Section 38A has also given guidelines regarding WC such as its constitution, duration, members, functions, etc. 3. NAGPUR MUNICIPAL CORPORATION (NMC), NAGPUR NMC is democratically elected civic governing body. Nagpur Improvement Trust (NIT) works with NMC and carries out works like development of the civic infrastructure and new urban areas on behalf of NMC. NMC and NIT together are in charge of the civic and infrastructure needs along with development of new areas. As per the CNC Act, 1948 the key responsibility for providing Nagpur’s citizens basic urban services lies with the NMC. These services include water supply, sewerage, waste management, slum improvement, land use planning, construction and maintenance of internal roads, street lighting, maintenance of parks and gardens, providing primary health and education facilities, etc. The Nagpur city is divided in 10 zones which are in turn divided into 72 prabhags (wards). Each prabhag is represented by two Corporators, who are elected by citizens of concerned prabhag. The Corporation consisting elected corporators elects a Mayor who along with a Deputy Mayor heads the organization. Mayor carries out the activities through various committees such as the standing committee, health and sanitation committee, education committee, water works, public works, public health and market committee. The administrative head of the Corporation is the Municipal Commissioner (MC), who along with the Additional Municipal Commissioner (AMC), Deputy Municipal Commissioners (DyMCs), Head of Departments (HODs), etc. carries out various activities related to engineering, health and sanitation, taxation and its recovery. Various departments such as public relations, library, health, finance, buildings, slums, roads, street lighting, traffic, establishment, gardens, public works, local audit, legal services, water works, education, octroi and fire services manage their specific activities. The activities of NMC are administered by its zonal offices. There are 10 zonal offices of NMC, Nagpur with its Headquarter (HQ) at Civil Lines, Nagpur. Zonal offices are the focal points in the decentralized pattern of NMC.
  • 4. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 41 Zone No. 1 – Laxminagar Zone Zone No. 2 – Dharampeth Zone Zone No. 3 –Hanuman Nagar Zone Zone No. 4 - Dhantoli Zone Zone No. 5 – Nehru Nagar Zone Zone No. 6 – Gandhibagh Zone Zone No. 7 – Satranjipura Zone Zone No. 8– Lakadganj Zone Zone No. 9– Ashinagar Zone Zone No. 10 – Mangalwari Zone 4. DECENTRALIZATION AND DELEGATION OF AUTHORITY AT NMC 4.1 Introduction It has been discussed in the Section 2 above that for meaningful decentralization of local bodies following three types of decentralization is required: 1. Political decentralization 2. Administrative decentralization 3. Fiscal decentralization It has been also discussed that the 74th CAA gave constitutional validity to urban local bodies, codified the procedure for their constitution and defined their structure, functions and resource generation capabilities. Decentralization of NMC shall be studied in the following sections in light of above. 4.2 Political Decentralization at NMC The 74th CAA also envisages creation of Wards Committee through division of municipality having population more than 3 lakhs into territorial constituencies known as ward for better linkages with citizen. Section 38A of the CNC Act, 1948 envisaged decentralization of zone into wards and constitution of wards committee in NMC. Accordingly in year 2009 NMC constituted ten Wards Committees for its ten zones, each comprising electoral wards of concerned zone. 4.2.1 Constitution of the Wards Committee Each wards committee consists of: (a) The Councillors (Corporators) representing the electoral wards within territorial areas of the Wards Committee. (b) Assistant Commissioner / Ward officer of the zone of NMC. (c) Representatives not exceeding three of recognized Non Governmental Organizations (NGOs) and community based organizations engaged in social welfare activities working within the area of the Wards Committee and are registered electors of the wards within the jurisdiction of the Wards Committee. 4.2.2 Duration of the Wards Committee Duration of the Wards Committee is co-terminus with the duration of the elected Councillors of NMC.
  • 5. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 42 4.2.3 Chairperson of the Wards Committee a) Chairperson of the Wards Committee is elected by all elected Councillors of the zone of NMC in first meeting of the Wards Committee in each official year. Chairperson holds office for one complete official year which is usually from 1st May to 30th April of the next year. b) The Chairperson of the Wards Committee is required to vacate the office as soon as he ceases to be a Councillor. c) In the event of the office of the chairperson falling vacant before the expiry of its term, the Wards Committee elects a new chairperson. 4.2.4 The Functions of the Wards Committee The functions of the Wards Committee shall, subject to the general supervision and control of the NMC is as follows: a) The speedy redressal of common grievances of citizens connected with local and essential municipal services like water supply, drainage, sanitation and storm water disposal; b) To consider and make recommendations on the proposals regarding estimates of expenditure pertaining to the wards under different heads of account of the budget before being forwarded to the Commissioner; c) To grant administrative approval and financial sanction to the plans for municipal works to be carried out within the territorial area of the Wards Committee provided that a specific provision exists in the budget sanctioned by the NMC, etc. 4.3 Administrative Decentralization at NMC It has been discussed in the Section 2 above that 10 zonal offices of NMC are the focal points in the decentralized pattern of NMC. Each zone has distinct geographical area and works as mini Municipal Corporation for that area. NMC started decentralizing its services of providing basic amenities at zonal offices in the year 2004. For knowing the extent of administrative decentralization at zonal level, the administrative set up at zonal level before and after decentralization is studied in following Section: 4.3.1 Administrative setup and working of zonal offices prior to decentralization i.e. before 2004 At zonal level the following officers/employees were there prior to year 2004 1) Sub Divisional Engineer (SDE) - Public Works Department (PWD) 2) Sub Divisional Engineer (SDE) - Water Works Department (WWD) 3) Section Engineers/ Junior Engineers (Sect. Engr./J.E.) - PWD 4) Sectional Engineers/ Junior Engineers – WWD 5) Junior Engineer (JE) – Electrical Department 6) Zonal Officer (ZO) - Health 7) Senior Sanitary Inspector / Sanitary Inspector - Health 8) Other employees such as Civil Engineering Assistants (CEAs), Safai Karamchari, Jamadars ,etc. Sub Divisional Engineer (PWD) was given the charge of Zonal Officer (Ward Officer) till 2004 . There was no head of zone (office head of the zone) as such up to year 2004. The zonal officer neither had administrative authority nor financial authority nor status of a office head. He was just a coordinating link between Headquarter (Head office) and zonal office. All zonal employee and officers were reporting and answerable to their HODs who were stationed at Headquarter. Citizens of the zones were required to go to Headquarter for getting basic civic amenities. Also employees and officers were frequently required to go to Headquarter for getting
  • 6. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 43 various approvals such as financial provision, technical and administrative approval of routine and developmental works to be carried out in the zone. Thus citizens, employees and officers of NMC had to waste a lot of time and energy for getting approvals/clearances of their routine work from Headquarter. 4.3.2 Administrative setup and working of zonal offices after decentralization i.e. after 2004 In year 2004 NMC started decentralizing its activities with following objectives: a) To reduce unnecessary hardship of Citizen from travelling long distances to NMC Headquarter for getting basic amenities or for doing NMC related work. Post decentralization all basic services of NMC are available at zonal office which is near to their residence. b) To solve routine problems of citizens regarding water supply, sewerage disposal, sanitation, water logging, street lights, roads, etc., quickly and efficiently at zonal level. c) For micro level planning for the development of the city. d) To reduce dependence of employees and officer on HODs who are stationed at headquarter for getting approval of routine works. This saves time and energy of employees and officers and also relieves HODs of routine work. HODs can now concentrate on planning, policy making, etc. e) To shift works of routine nature from Headquarter to zone office. Considering above objectives NMC appointed Assistant Commissioners/Ward Officers (ACs/WOs) in the year 2004. Ten ACs/WOs were posted at 10 zonal offices as Office Heads. All officers and employees of the zonal offices are now reporting and answerable to these ten ACs/WOs. ACs/WOs were appointed to discharge duties of ward officers in all the ten zones of the NMC. They have been delegated various authorities, primarily aimed at ensuring that all essential municipal services are efficiently, speedily and effectively provided to the citizens of the concerned NMC zone. For this ACs/WOs have been given powers of supervision in respect of all development, tax and property related activities and activities related to Octroi, cleanliness and sewerage disposal, maintenance of street lights, prevention and removal of encroachments, maintenance of man hole and chamber covers and sanctioning of ward works, etc. After appointment of these ACs/WOs Municipal Commissioner (MC) has delegated various administrative and financial authorities to them. 4.3.3 Administrative Authority Delegated to ACs/WOs The extent to which administrative authority is delegated to AC /WO shall be studied in this sub section in light of the following points: a) Administrative authority delegated for effective and efficient implementation of various provisions/sections/bye-laws of the CNC Act, 1948 which governs the working of NMC. b) Administrative authority delegated for granting administrative sanctions to developmental and other works under various expenditure heads of NMC. c) Administrative authority delegated related with discharging of Human Resource Department (HRD) functions. d) Administrative authority delegated for miscellaneous purpose. 4.3.3.1 Administrative authority delegated for effective and efficient implementation of various provisions/sections/bye-laws of the CNC Act, 1948 In exercise of the powers vested in Municipal Commissioner under section 59(5) of the CNC Act, 1948 and all other powers enabling in that behalf Municipal Commissioner has delegated administrative authority to AC/WO for implementation of following provisions/sections/bye-laws for their concerned administrative zones.
  • 7. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 44 Table 1: Administrative authority delegated to AC/WO for implementation of various provisions/sections of the CNC Act, 1948 S.No. Section Particulars 1 52 1) Municipal officer or servants not to be interested in any contract with Corporation. 2) If any municipal officers or servant acquires, directly or indirectly, by himself or by his partner any share or interest, he shall cease to be a municipal officer or servant, and his office shall become vacant. 2 182 Power to require removal of nuisance arising from tanks and the like. 3 227 to 233 To grant No Objection Certificate and license for all dangerous trades under the provisions of chapter XVIII sections 227 to 233. 4 274 to 280 This sections are regarding Building Control 274 Notice of buildings. 275 Commissioner to refuse erection or re-erection of buildings. 276 Grounds on which site of proposed building may be disapproved. 277 Grounds on which permission to erect or re-erect building may be refused. 278 Power of Commissioner to direct modification of a sanctioned plan of a building before its completion. 279 Lapse of sanction after one year from the date of such sanction. 280 Completion certificate and permission to occupy or use. 5 289 Removal of buildings in dangerous state. 423 Power of Corporation in the event on non-compliance. 6 303 Prohibition of obstructions in streets. 7 304 Streets not to be opened or broken up and building material not to be deposited therein without permission. 8 305 Ground floor doors, etc., not to be open outwards on streets. 9 306 Powers to require removal of old projections. 10 380 Procedure in prosecution. This section is to be used for keeping control over unauthorized banners, hoardings, etc. and to take action as per guidelines given in this section 11 Miscellaneous administrative authority delegated in respect of following bye-laws/ matters a Sanctioning of water connections of all diameters and all categories including charging of pipelines in all layouts of the zone. b Hearing and deciding objections on all water bills of all categories. c Revaluation/ Assessment/ Reassessment of properties of concerned zone i.e. authority of Assessor for the concerned zone. d Maintenance and all matters related with NMC owned Social Halls/ Samaaj Bhawans and authority of giving permission for temporay usage of these Halls/ Bhawans for social, religious and cultural purpose. e Authority to give permission of erecting hoardings/ banners on private properties in the concerned zone. 12 Administrative authority delegated in respect of following sections of Maharashtra Regional & Town Planning (M.R. & T.P.) Act, 1966 53,54,55,56 and 142 of M.R. & T.P. Act 1966 Authorized to take actions under sections 53,54,55,56 and 142 of Maharashtra Regional & Town Planning (M.R. & T.P.) Act, 1966 which are concerned with Building Control & are analogous to Sections 274 to 280 of the CNC Act, 1948 given above. These sections of M.R. & T.P. Act, 1966 are elaborated as under: 53 Power to require removal of unauthorized development 54 Power to stop unauthorized development 55 Removal or discontinuance of unauthorized temporary development summarily 56 Power to require removal of authorized development or use 142 Sanction of prosecution Source: NMC Delegation Orders from 2004 to 2010
  • 8. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 45 4.3.3.2 Administrative authority delegated for granting administrative sanctions to developmental and other works under various expenditure heads of NMC Municipal Commissioner has delegated authority for granting administrative sanctions to various developmental and other works under various Revenue and Capital Expenditure Heads as shown in Table 2 and Table 3 respectively. Table 2: Heads under Revenue Expenditure Sr. No. New Head Old Head Department Expenditure Head 1 53 78 Library Maintenance and Repairing of Library 2 145 177 Market Maintenance and Repairing of Market 3 170 218 Animal Shelter House Maintenance and Repairing of Animal Shelter House 4 251 308 Health Repairing of Hospital 5 287 353 Underground Drainage Manhole Cover and Jaali Purchase 6 290 356 Underground Drainage Maintenance and Repairing of Public Toilets 7 291 357 Underground Drainage Maintenance of Rainwater Nullah 8 292 358 Underground Drainage Nullah Repairing 9 293 365 Underground Drainage Manhole Repairing 10 326 392 PWD (City Engineer) Repairing of NMC Buildings 11 327 393 PWD (City Engineer) Emergency Works in Prabhags 12 330 399 PWD (City Engineer) Maintenance ,Repairing and beautification of Statues 13 331 400 PWD (City Engineer) Repairing of Wells 14 332 401 PWD (City Engineer) Repairing of NMC Properties 15 334 403 PWD (City Engineer) Slum Maintenance and Repairing 16 367 461 Hot Mix Plant Road Pot Holes Repairing 17 368 467 Hot Mix Plant Repairing of Road/Cable Cut 18 385 504 Garden Repairing of Chowkidaar Quarter 19 459 624 Education Repairing of Primary School Building 20 460 625 Education Repairing of Middle School Building Source: NMC Delegation Orders and NMC Financial Budgets. Table 3: Heads under Capital Expenditure Sr. No. New Head Old Head Department Expenditure Head 1 561 80 Library Construction and Extension of Library 2 590 220 Animal Shelter House Construction of Animal Shelter House 3 611 360 Underground Drainage Construction of Public Toilets/Urinals in Market 4 612 361 Underground Drainage Construction of Public Urinals 5 613 363 Underground Drainage Underground Drainage 6 617 369 Underground Drainage Ladies Urinal in Market 7 620 372 Underground Drainage Nirmal Sahar Yojana 8 637 419 PWD Fabrication and Fitting of Jaali on Well 9 641 423 PWD Ward Fund 10 676 472 Hot Mix Plant/ Road Construction and Repairing of Roads 11 680 479 Hot Mix Plant/ Road Works in 572 and 1900 layouts handed over by NIT 12 716 517 Electrical Fitting of 50/70 Watts Sodium Lamps on MSETCL*** Poles 13 719 521 Electrical Phase Installation on MSETCL*** Poles 14 756 700 Education Improvement/Provision of Basic Amenities in School. *** Maharashtra State Electricity Transmission Company Limited (MSETCL) Source: NMC Delegation Orders and NMC Financial Budgets.
  • 9. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 46 Prior to decentralization these authority was delegated to sector coordinator/ sector DyMC. Because of this, there used to be inordinate delay in getting administrative sanction of works under above expenditure heads. Now since administrative sanctions of above heads are granted at zonal level there is considerable saving in time especially for getting approval of emergency work. 4.3.3.3 Administrative authority delegated related with discharging of Human Resource Department (HRD) functions Municipal Commissioner has also delegated following HRD related authority to AC /WO at zonal level. 1) To take disciplinary action against class 3 and 4 employees of the zone under section 52 of the CNC Act, 1948 as mentioned in Table 1 above. 2) To regularly update and certify service books of all employees of the zone. 3) To sanction casual leave of all employees of the zone. 4) To sanction all types of leave not exceeding 60 days of class 2, 3 and 4 employees of the zone. 5) To prepare and forward pension cases of all employees of the zone whose retirements are due on account of superannuation or voluntary. 6) To write annual Confidential Report (CR) in the capacity of Reporting Officer of all class 2, 3 and 4 employees of the zone and forward CR to respective Reviewing Officer of the zone. 7) To transfer class 3 and 4 employees within various departments of the zone. 8) To grant and recover festival advance given to employees of the zone subject to financial provision in the budget and prior approval of Chief Accounts and Finance Officer. 4.3.3.4 Administrative authority delegated for miscellaneous purpose In addition to above, Municipal Commissioner has also delegated following miscellaneous authority to AC/WO at zonal level: i) AC/WO is designated and given status of Office Head of the zone office. ii) AC/WO is also given status of Drawing and Disbursing Officer (DDO). iii) To represent NMC as an Appellate Information Authority for concerned Zonal Office of following Departments/matters of the zone under provision of sections of Right to Information (RTI) Act, 2005. 1. Health (Sanitation) Department, 2. Marriage Registration Department, 3. Tax and Tax Assessment Department, 4. PWD / Building Department, a) Matters related to action against unauthorized construction, dilapidated and dangerous buildings, etc. b) Matters related to sanction of building permit of area 500 sq.metres and below. 5. All Administrative matters related to the concerned zone. 4.4 Fiscal Decentralization In fiscal decentralization substantial revenue and expenditure authority is accorded to intermediate and local governments. In context with fiscal decentralization, Bardhan (1996) described that “this largely involves assignment of expenditures and revenues to lower-level governments.” According to Manor (1999) “in fiscal decentralization, central governments transfer influence over budgets and other financial powers either to local governments or to their own regional/local offices. In the former case, budgetary powers are transferred to local governments”.
  • 10. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 47 Applying analogy of above meaning of fiscal decentralization to NMC, fiscal decentralization in NMC is studied as follow: a) Assignment of expenditures and revenues from NMC Headquarter to zonal level offices i.e. share of zone offices in total revenues and expenditures. b) Secondly transfer of influence over budget by NMC Headquarter to 10 zonal offices of NMC shall be studied. c) Lastly delegation of financial authority from headquarters to AC/WO who heads zonal offices shall be studied. 4.4.1 Assignment of expenditures and revenues from NMC Headquarter to zonal level offices i.e. share of zone offices in total revenues and expenditures Post decentralization following types of revenue and expenditure were transferred from Headquarter to zonal offices. 4.4.1.1 Revenue heads Post decentralization from 2005-2006 onwards task of generating revenue from revenue heads like property tax, water tax and market recovery were transferred from Headquarter to zone office. Revenue generated from these sources before and after decentralization is shown in Table 4. 4.4.1.2 Expenditure heads With an objective of making zonal offices financially independent for handling routine works and problems related to sewerage disposal, water supply, water logging, street lighting, roads, emergency work etc., quickly and efficiently at zonal level various heads under revenue expenditure and capital expenditure were transferred from Headquarter to zonal office. These heads are mentioned in Table 2 and Table 3 given above. 4.4.2 Transfer of influence over budget by NMC Headquarter to 10 zonal offices of NMC After decentralization NMC Headquarter decentralized budget preparation of aforesaid revenue and capital expenditure heads to zonal level. Post decentralization certain amount under each head mentioned in Table 2 and Table 3 is allocated to each zone, proportionate to its population, whereas prior to decentralization there was no allocation of amount as shown in Table 5. Table 4 : Revenue of NMC Before and After Decentralization (Figures in Lakhs of Rupees) <---------Revenue Before Decentralization----------> <----------Revenue After Decentralization---------> S N SOURCE 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 *** 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 1 OCTROI * 8763.56 10185.64 11753 12498.6 13387 15296.31 16894.71 20197.32 23413.00 27178.00 29514.2 36278.4 2 PROPERTY TAX* 3217.85 4432.81 5913 6057.97 5521.64 5795.98 6942.14 6753.76 8846.14 7613.9 10524.88 13255.7 3 WATER TAX* 1765.23 3122.54 4384.21 4507.23 4891.2 5146.01 4840.70 5011.43 5116.00 4771.08 7139.00 8970.8 4 MARKET RECOVERY* 155.98 287.28 284.25 229.56 229.06 221.89 259.75 266.91 216.46 285.5 387.87 363.75 5 GOVT. GRANTS* 3239.84 2501.61 2831.74 2023.35 3000.83 4072.31 3800.63 3749.53 3304.18 3951.55 4345.77 5498.45 6 LOAN* 702 3470 165 6610.07 0.00 0.00 2657.00 4413.00 0.00 0.00 5000 10000 7 ADVANCES, INVESTMENT ETC.* 1648.97 2173.7 3920.34 3756.74 3044.75 3272.03 4244.86 5704.17 4032.75 7096.13 8559.9 6412.11 TOTAL-> 19493.43 26173.58 29251.54 35683.53 30074.48 33804.53 39639.79 46096.12 44928.53 50896.16 65471.62 80779.2 * Figures in Lakhs of Rupees, *** Year of Decentralization - 2004-05 Source: NMC Budgets of Financial Years from 1999-00 to 2010-11
  • 11. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 48 Table 5: Provisions made in Zonal Budget under Various Expenditure Heads Before and After Decentralization S. No. Financial Year Provision for Total Expenditure of NMC* Provision for Zonal Work under various Expenditure Heads Revenue Expenditure* Capital Expenditure* Total Expenditure* % Provision of Total Expenditure of NMC Before Decentralisation * Figures in Lakhs of Rupees, Year of Decentralization - 2004-05 1 2000-01 43330 NIL NIL 0 0 2 2001-02 39836 NIL NIL 0 0 3 2002-03 39146.22 NIL NIL 0 0 4 2003-04 48636.86 NIL NIL 0 0 5 2004-05 43959.66 NIL NIL 0 0 After Decentralisation 6 2005-06 55480.83 233 1287 1520 2.74 7 2006-07 54414.45 550.75 1183.17 1733.92 3.19 8 2007-08 61237.98 971.17 2902.47 3873.64 6.33 9 2008-09 78473.91 1251.81 3498.15 4749.96 6.05 10 2009-10 87598.01 1215.9 4894.99 6110.89 6.98 11 2010-11 119312.88 809.89 3808.92 4618.81 3.87 Source: NMC Budgets of Financial Years from 2000-01 to 2010-11 Task of preparing zonal budget of these heads and allocated amount is entrusted to AC/WO at zonal level. Every year AC/WO prepare zonal budget of above heads in consultation with Wards Committee, Corporators, citizens, subordinates, etc., keeping in view departmental and zonal needs . AC/WO then presents the zonal budget before Wards Committee. Chairperson of the Wards Committee then forwards the zonal budget with modifications, if any, to Headquarter for inclusion in main NMC budget. Budget is then presented before House for discussion and sanction. Once the budget is passed in the House (including zonal budget) with modification, if any, then the task of implementing the same at zonal level i.e. execution of the work proposed under zonal heads in the zone is entrusted to AC/WO. 4.4.3 Delegation of financial authority from Headquarter to AC/WO who heads zonal office Municipal Commissioner has also delegated financial authority to grant financial sanctions to the works under zonal heads to AC/WO. Details of these heads are listed in Table 2 and Table 3. 5. CONCLUSION Thus, in this paper, type and extent of Political, Administrative and Fiscal decentralization which has taken place in NMC during the time period from 2004 to 2012 has been studied, discussed and reported. It can be concluded that in the light of 74th CAA and provisions of the CNC Act, 1948 all three types of decentralization i.e. Political, Administrative and Fiscal decentralization has been done to fair extent in NMC. 6. ACKNOWLEDGEMENTS The authors are thankful to Dr. Sudhir S. Fulzele, Director, Dr. Ambedkar Institute of Management Studies and Research, Nagpur for his guidance and inputs to this paper.
  • 12. International Journal of Management (IJM), ISSN 0976 – 6502(Print), ISSN 0976 - 6510(Online), Volume 6, Issue 3, March (2015), pp. 38-49 © IAEME 49 REFERENCES 1. Bakshi, P.M. (2003). The Constitution Of India, 5th edition, Universal Law Publishing Co. Pvt. Ltd., Delhi 2. Bardhan, P. (1996). “Decentralised Development”, Indian Economic Review, Vol. XXXI, No.2, 1996, pp. 139-156 3. Human Rights Organization (2013), “Decentralization and Municipalities”. Retrieved from http://www.humanrightsinitiative.org/publications/ const/municipality.pdf on 24th August, 2013 4. Koontz H., & Weihrich, H. (2010). Essentials of Management – An International Perspective, 8th edition, Tata McGraw Hill Education Private Limited, New Delhi. 5. Manor, J. (1999). “The Political Economy of Democratic Decentralisation”, The World Bank, Washington, DC. in Gopinath, D. (2009), “Decentralization in India: Towards Localism or Regionalism?” Common Wealth Journal of Local Governance, Issue 4, November 2009, pp.101-112 6. NMC Budgets of Financial Years from 1999-00 to 2010-11 7. NMC Delegation Orders from 2004 to 2010 8. NMC Guideline Booklet on Delegation of Various Administrative and Financial Authority to NMC Officers, 2005 9. Pria (2008) – An International Centre for Learning and Promotion of Participation and Democratic Governance, New Delhi, “Democratic Decentralisation of Urban Governance”, Occasional Paper Series No. 4 on Urban Governance, December, 2008, pp.3-7 10. Pungavkar, A., A. (2009). “74th Amendment Act India, 1992 and its Effect on Urban Institutions”. Indian Institute of Technology, Kharagpur. Retrieved from http://www.scribd.com/doc/37345465/74th-Amendment on 24th Aug’ 2013 11. Rondinelli, D.A. (1981). “Government Decentralisation in Comparative Theory and Practice in Developing Countries”, International Review of Administrative Sciences, Vol. 47(2), pp. 133-145 in Mills, A., Vaughan J., P., Smith, D., L., & Tabibzadeh, I. (eds.) (1990), “Health System Decentralisation – Concept, Issues and Country Experience”, World Health Organisation. 12. Sherlekar, S.A., & Sherlekar, V.S. (2005). Principles of Business Management, 3rd edition, Himalaya Publishing House, Mumbai 13. The City of Nagpur Corporation (CNC) Act, 1948 (C.P. and Berar II of 1950) , Government of Maharashtra Law and Judiciary Department, 1996, Govt. Central Press, Mumbai 14. The Maharashtra Regional and Town Planning (M.R. & T.P.) Act, 1966, (Maharashtra Act no. XXXVII of 1966), Government of Maharashtra Law and Judiciary Department, 2004, Govt. Central Press, Mumbai 15. World Bank (2000a). “Overview of Rural Decentralization in India. Volume-I”, Unpublished report, World Bank. Retrieved from http://www1.worldbank.org /publicsector/ civilservice /june2004seminar/RuralDecent.pdf on 24th August, 2013 16. World Bank (2000b). “Overview of Rural Decentralization in India. Volume-II, Approaches to Rural Decentralization in Seven States”, Unpublished report, World Bank. Retrieved from http://wwwwds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2004/03/08/000160016 _20040308153144/Rendered/PDF/280140v120IN0Rural0decentralization.pdf on 24th August, 2013. 17. Arti Pamnani and Meka Srinivasarao, “Municipal Solid Waste Management in India: A Review and Some New Results” International Journal of Civil Engineering & Technology (IJCIET), Volume 5, Issue 2, 2014, pp. 1 - 8, ISSN Print: 0976 – 6308, ISSN Online: 0976 – 6316. WEBLIOGRAPHY • www.jnnurm.nic.in • www.maharashtra.gov.in • www.nmcelection.org • www.nmcnagpur.gov.in