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S V Narayanan (Personnel Manager)     02 March 2010

What is Nagar Nigam Parishad in UP

I would like to know what is meant by Nagar Nigam Parishad in the State of Uttar Pradesh and also how it is categorised?  Under which Act? How the public can know whether the place is comes under Nagar Nigam Parishad?....

Please advise....



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 2 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     02 March 2010

Nagar nigam

 

 

Nagar nigam (municipal corporations) in India are state government formed departments that works for the development of a city, which has a population of more than one million. The growing population and urbanization in various cities of India were in need of a local governing body that can work for providing necessary community services like health centres, educational institutes and housing and property tax.

 

They are formed under the Corporations Act of 1835 of Panchayati Raj system which mainly deals in providing essential services in every small town as well as village of a district/city. Their elections are held once in five year and the people choose the candidates.

 

Functions

 

Sources of income

 

Its sources of income are taxes on water, houses, markets, entertainment and vehicles paid by residents of the town and grants from the state government.

 

Urbanization in Uttar Pradesh

 

 

Uttar Pradesh is the most populous state of the country. The state constitutes 16.17 percent of the total population of the country. Although the state recorded the second highest increase of 60.62 percent during 1971-81, it reached to sixth position with the decodal growth of 38.98 percent during 1981-91, and showed growth of 25.0 percent during 1991-2001. In absolute terms, the state has an urban population of 345.13 lakhs, constituting 12.09 percent of population living in urban areas in the country.

 

 

Uttar Pradesh stands first among all the states in number of towns as well. It accounted for 16.07percent, in absolute number 704towns of the country’s total towns of 4368 in 2001. After creation of Uttarakhand numbers of towns have come down to 627.

 

 

The Constitution (74th Amendment) Act, 1992 is a landmark initiative of the Government of India to strengthen local self-government in cities and towns. It is built upon the premise that all ‘power’ in a democracy rightfully belongs to ‘the, people’. It prescribes that the elected municipal representatives must have a decisive role in the planning, provision and delivery of civic infrastructure and services. Accordingly, the Act stipulates that if the state government dissolves a Municipality, election to the same must be held within a period of six months. Moreover, the conduct of municipal elections is entrusted to statutory State Election Commission, rather than being left to executive authorities. The mandate of the Municipalities is to undertake the tasks of planning for ‘economic development and social justice’ and implement city/town development plans. This role is much larger than what is traditionally perceived of them as the providers of ‘services’.

 

 

The 74th Amendment Act aims transformation in the ‘structure’ of urban service delivery. The starting point for the same is municipal governance. The Act envisages three types of Municipalities: Municipal Corporations for large cities, Municipal Councils for smaller cities and towns, and Nagar Panchayats for areas in transition form ‘rural’ to ‘urban’. Accordingly, the state governments have re-categorized different areas by notifying the criteria for classification of municipal bodies.

 

 

Urban Local Govt. in Uttar Pradesh

 

 

The state has a long history of urban local government. Uttar Pradesh (the erstwhile United Provinces) has been a pioneer in enacting the legislations as well as governs the functioning of the urban local institutions.  A municipal Act exclusively for Lucknow was enacted in 1856, followed by North-West Provinces and Avadh Municipal Act, 1873 which was substituted in 1883 in pursuance of Ripon Act of 1882. In accordance, sufficient reforms were introduced in 1870 and 1882 in municipal administration. The notified area committees were constituted

under an Act of 1900 and the Zilla Parishads Act came into existence in ‘1906’. The U.P. Town Area Act was enacted in 1914 and the U.P. Municipalities Act came into effect in 1916, in 1919 U.P. Town Improvement Act was legislated and Improvement Trusts were created in five big towns. In 1945 Kanpur Urban Area Development Act was passed and a Development Board substituted the Improvement Board there. The buildings (Regulation Act was legislated in 1958 followed by the U.P. Municipal Corporation Act, 1959. In 1973 U.P. Planning and development Act was enacted and the Development Authorities were set up. The legislation of U.P. Water Supply and Sewer System Act 1975 created a number of Jal Sansthans. These Acts have been after amended to cope with the changing scenario.

 

 

Post-74th Scenario

 

 

In consonance with the 74th Amendment to the Constitution, the Uttar Pradesh Local Self Government Laws (Amendment) Act, 1994 was passed by the legislature of Uttar Pradesh, which came into force w.e.f. 31.05.1994. Some of the salient changes made through the Amendment Act, 1994 are as under :

 

 

1.         U.P. (Nagar Mahapalika) Act, 1959 and U.P. Nagar Palika (Municipalities) Act, 1916 have been renamed as U.P. Nagar Nigam Act, 1959 and U.P. Nagar Palika Act, 1916 respectively, while the U.P. Town Area Act, 1914 has been repealed.

 

 

2.         Before 74th Amendment there were 5 categories of the urban local bodies i.e.:

 

(i) Nagar Maha Palika

(ii) City Board

(iii)Nagar Palika

(iv) Notified Area Committee

(v) Town Area Committee

 

 

But after the 74th Amendment there are only three categories of Urban Local Bodies in Uttar Pradesh:

 

 

(1) Nagar Nigam (Municipal Corporation)

(2) Nagar Palika Parishad (Municipal Board)

(3) Nagar Panchayat (Town Panchayat)

Establishment of Nagar Nigams

First, Nagar Nigams and Nagar Palikas were established under the act of  Uttar Pradesh Goverment i.e, Municiple Corporation Act of 1959.  Later the U.P Government has renamed the Municipalities Act as U.P.Nagar Nigam Act - 1959. 

You can know all the details about Nagar Nigam/Place and Jurisdiction under the said act. 

S V Narayanan (Personnel Manager)     02 March 2010

Ex8 & detailed reply...thanks a lot for your guidance...one clarification is after 1994 amendment what is exact menaing of 'Nagar Nigam Parissha'...shall i take this 'Municipal Corporation Area'...if, so what are all the towns comes under 'Municipal Corporation Area' in UP...please guide me...


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