Team News Riveting
Raipur, July 26
The Comptroller and Auditor General (CAG) of India, Chhattisgarh has underlined the dodges in the effective implementation of 74th Constitutional Amendment Act (CAA) introduced to give more teeth to urban local governments.
“Barring the constitution of the committee for the Metropolitan Planning, the State Acts/Rules have complied with all requirements as envisaged in the 74th CAA regarding inclusion of codal provisions in the State Acts/Rules. Audit observed that the legal provisions were not backed up by decisive action which goes against the spirit of the 74th CAA. It was also observed that the State (Chhattisgarh) Government had overriding powers over ULBs (Urban Local Bodies) which was against the spirit of the Constitutional Amendment,” the report of the C&AG of India on performance audit on implementation of 74th Constitutional Amendment Act in Chhattisgarh said.
The report for the year ended March 31, 2020 was tabled in the Chhattisgarh Legislative Assembly today. The 74th CAA, introduced by the then Congress government headed by P V Narasimha Rao in 1992, sought to empower ULBs to perform functions and implement schemes in relation to 18 subjects specified in the 12th Schedule. Audit observed that out of 18 functions, ULBs were solely responsible for eight functions, had no role in one function, had dual role in six functions, were mere implementing agencies in two functions, and in respect of Regulation of land-use, the ULBs had an overlapping jurisdiction with other Departments.
Without complete devolution of the functions, the local self-Governments cannot be strengthened in the State, the report observed.
The advent of Smart Cities has further eroded the space of ULBs. Raipur and Bilaspur, selected to be developed as smart cities in Chhattisgarh were provided with financial resources of Rs 1355 crore during the period 2016-20. With the formation of Smart Cities, the scope and extent of work of ULBs have been further reduced. The devolution of functions in the State has not been completed even after 20 years of its inception, the CAG report said.
The ULBs neither have the powers to assess the staff requirement nor to recruit the required permanent staff except on contractual basis. The State Government appoints Group A, B and C staff and the powers to regulate their conditions of services, discipline, as well as the conduct are also with the State Government.
Except for Nagar Nigam, Korba, Ward and Mohalla Committees were not constituted in any of the 27 test-checked ULBs, the report said, adding that it defeated the objective of facilitating community participation in local governance as well as prioritization and monitoring of development works. Meetings of District Planning Committees were not held regularly and consolidated District Development Plans for the District as a whole by considering local needs and matters of common interest were not prepared.
The CAG reported said delay in constitution of State Finance Commissions (first to third) and consequent delay in submission of their recommendation reports as well as further delay in acceptance of recommendations and implementation/devolution of funds have adversely affected the financial position of the ULBs. Devolution of funds is being done as per Second State Finance Commission, even when the constitution of Fifth State Finance Commission was due.
