3. Under the Constitution of India, land, housing, urban development ...

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for development. The State Urban Development Department is in charge of the Town Planning Department,. Urban Development Authority, urban water supply,  ...

3.

URBAN GOVERNANCE FRAMEWORK Under the Constitution of India, land, housing, urban development and provision of civic infrastructure is a State subject and under the purview of the State Government. The State Government is empowered to enforce and enact necessary laws and frame policies that support its governing function. The Central Government however plays a significant role through allocation of funds and devolution of resources within the national five-year plans for development. The State Urban Development Department is in charge of the Town Planning Department, Urban Development Authority, urban water supply, sewerage and sanitation. The Housing and Special Assistance Department is responsible for Housing Policy, land ceilings, rent control, and reconstruction of old and dilapidated buildings, slum upgrading and supervision of foreign aided projects. The primary agency responsible for urban governance in Greater Mumbai is the Municipal Corporation of Greater Mumbai (MCGM). MCGM is the most affluent and the most efficient local body in the country and one of the biggest local governments in the Asian continent. It is responsible for provision of municipal services, provision of infrastructure including public transport and supply of electricity. Its planning department is responsible for the Development Plan of the City and enforcement of the Development Control Regulations. It is not directly involved in public housing, however, it is responsible for providing basic amenities to slums, which are encroaching on its own lands or other lands within its jurisdiction.

3.1.

Municipal Corporation of Greater Mumbai (MCGM) a. Legal Framework: MCGM is governed by the Mumbai Municipal Corporation (MMC) Act, which enshrines the role and responsibilities/duties of the Corporation and functions of the statutory and other posts in delivering the duties. b. Functions of MCGM: In respect of the functions of the Corporation, a distinction has been made between those that are Obligatory and those that are Discretionary. The duties of the Corporation have been specified in greater detail in the MMC Act and importantly include, construction and maintenance of works for water supply, drainage, streets flyovers and bridges, public markets and slaughter houses, urban forestry and protection of environment, planning for social and economic development,

scavenging and removal & disposal of filthy matters, refuse and rubbish, regulation of places for disposal of dead and identification of new places, registration of births/deaths, provision of schools for primary education, public hospitals and dispensaries and other measures for public medical relief, removal of dangerous buildings, removal of obstructions and projections in and upon streets and other public spaces, provision of fire brigade etc. The obligatory duties have to be provided/met with, the discretionary duties may be provided at the discretion of the Corporation and may be provided either wholly or partly. Such duties include, slum improvement and upgradation, urban poverty alleviation, furtherance of education objects other than primary education, establishing and maintaining recreational facilities like libraries, museums, galleries, botanical or zoological collection, public parks, gardens or grounds, planting and care of trees, surveying buildings/lands, registration of marriages, census of population, construction, purchase and maintenance of mechanically propelled transport facilities, purchase maintenance and management of supply of energy or gas, acquisition of movable or immovable property for delivering its duties, welfare measures for backward communities like SC/ST, nomadic tribes, vimukta jatis, and subscribing to share capital of any company or cooperative society for providing any services to Brihan Mumbai which is directly or indirectly useful to the Corporation in delivering its duties etc. Pursuant to the 74th Constitutional Amendment Act (74th CAA), most of the 18 functions listed under the 74th CAA find a place in the obligatory or the discretionary duties of the MCGM under the MMC Act with the exception of urban planning including town planning, regulation of land use and construction of buildings. Though most of these functions are seen as local functions, some like roads upgradation, slum improvement/rehabilitation and urban forestry make for conflicting responsibility and competency as there are state appointed unifunctional agencies doing similar work. The actual devolving of functions depends on the State Government . Organizational Framework Two key positions within the MCGM hold prestige and power are the Mayor of Mumbai and the Commissioner. The Mayor heads the electoral wing while the Commissioner heads the executive wing. The Mayor of Mumbai has a functional role of chairing the Corporations meetings as well as the ceremonial role. Besides the Mayor, a Dy Mayor is appointed by the Corporation. The Mayor and Dy Mayor positions are co terminus with the term of the office of the elected councilors. The electoral wing comprises of the councilors and the Committees where the elected councilors exercise their general authority through budgetary and financial controls by determining taxes and allocating expenditure, approving contracts and other financial proposals and approving appointments to senior posts. The Corporation has a total strength of 227 Corporators, in which women have 30 % reservation. The MMC Act 1888, within the framework of which the Corporation and Commissioner

function, has specified nine statutory collateral authorities for delivering the government functions. Of these, important are the Corporation, Standing Committee, Improvements Committee, BEST Committee, Education Committee, and Ward Committees , which are deliberative. The rest are executive (the Mayor, Commissioner and the General Manager of BEST). Additionally, Tree Authority has been constituted, which is vested with the responsibility of taking care and management of trees. 3.2.

Other Key Parastatal Agencies Apart from MCGM, other key stakeholder agencies also have a role in the provision of infrastructure development in Mumbai. The key agencies other than MCGM are Maharashtra Housing and Area Development Authority (MHADA), the Slum Rehabilitation Authority (SRA), the Mumbai Metropolitan Region Development Authority (MMRDA) and the Maharashtra State Road Development Corporation (MSRDC). The Government of Maharashtra has set up these agencies by the statutes or through administrative orders. These are briefly described below: a. Mumbai Metropolitan Region Development Authority (MMRDA) The MMRDA was set up in 1975, as the planning and co-coordinating agency of the Mumbai Metropolitan Region (MMR) of which the Mumbai Municipal Area is only a part. The MMR is 4355 sq.km. bounded by the Tansa River in the north, the Patalganga river in the south, the Arabian Sea on the West and the Sahyadri ranges in the East. It covers 7 Municipal Corporations, 13 Municipal Councils, parts of Raigad and Thane districts and over 900 villages. It has therefore to plan and develop the region in a multimunicipal jurisdiction. Though not a part of the municipal structure, it has to work in patently municipal functional areas. It brings together Central Government and State Government to jointly fund urban development and has to interact with the respective agencies that operate in the region. Section 17 of the MMRDA act which specifically prohibits it from undertaking any work which falls under the obligatory or discretionary functions of the MCGM, section 16 which stipulates that the MMRDA should undertake the execution of the any work only with the sanction of the State Government which should satisfy itself that there is no other authority competent and willing to do so and section 14 which gives it over-riding power to direct any local authority. For MMRDA to undertake infrastructure projects in Mumbai, it requires a special ordinance to be passed by the State Government, which then allows MMRDA to undertake such activities in consultation with MCGM. The MMRDA and MCGM are in conflict with jurisdictional responsibilities as so far as matters to be taken up in MCGM area. MMRDA has been responsible for implementation of the Mumbai Urban Development Project (MUDP), Mumbai Urban Transport Project (MUTP) and the Mumbai Urban Infrastructure Project (MUIP), which are all in Mumbai region. While MMRDA has evolved distinct capacities in planning and development, it lacks the organization for O&M. MMRDA’s role in urban development needs to be channelized for the sound development of the MMR, with a focused direction to support the ULBs other than

MCGM, which require to be supported and trained to evolve into sound functioning ULBs. There is an urgent felt need for such support to achieve balanced development of areas close to MCGM and within MMR, which will also support the local economy. b. Maharashtra Housing and Area Development Authority (MHADA): MHADA is an entirely nominated body, which comes under the Housing and Special Assistance Department of the State Government. Due to acute shortage of housing after World War II, it was felt that a comprehensive and co-ordinated approach to housing was necessary and so in 1976, the 4 existing boards were amalgamated in MHADA. It now works through 9 Regional Boards, 3 of which directly relate to Mumbai. The Mumbai Housing and Area Development Board, wherein it interacts with the MCGM, as the civic body has to maintain the facilities it creates; the Mumbai Buildings Repair and Reconstruction Board which repairs even private buildings with municipal permission and Mumbai Slum Improvement Board, wherein it has to interact, all the time with the MCGM as it provides basic civic amenities like common toilets, roads, / pathways, water taps, storm water drain and street lights in slum pockets on govt. or private lands. c. Slum Rehabilitation Authority (SRA) The Slum Rehabilitation Authority (SRA) was set up in 1995 under the provisions of the Maharashtra Slum Areas Act, 1971 with the Chief Minister of Maharashtra as Chairperson, a Senior IAS officer as full-time CEO and 14 other members. The SRA has the status of a corporate entity from 1997. By amendment to the MRTP Act, 1966, it has been declared as a planning authority, to function as a local authority for the slum areas under its jurisdiction. It can survey slum areas, formulate schemes for slum rehabilitation and get them implemented. As such, its work for slums relates to work done by MHADA and MCGM. But it enjoys a privileged position, being a specialized body.

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