Session Title:

1. Session Title: Constitution and Organisation of ULBs and Powers and Functions of ULBs. Training Module on 'Audit of ULB' Session 2

2. Session Overview: • In this session we will discuss • the constitution, organisation, • power and function of municipalities and municipal corporations under the West Bengal scenario. Training Module on 'Audit of ULB' Session 2

3. Learning Objective • Required inputs would enable the participants • acquire the basic concept of municipalities and municipal corporations • which will help them to draw audit conclusion in the practical job scenario. Training Module on 'Audit of ULB' Session 2

4. Constitution of Municipal areas:This part is to be adopted as per State specific scenario. The Governor may notify an area for a municipality • if any town, together with any village, land, building or Railway Station in the vicinity of any such town- • contains a population of not less than 20,000 inhabitants; Training Module on 'Audit of ULB' Session 2

5. Constitution of Municipal areas:This part is to be adopted as per State specific scenario. • has a density of population of not less than 750 inhabitants/sq. km. of area, and • more than one-half of the adult population of the area are chiefly engaged in pursuits other than agriculture Training Module on 'Audit of ULB' Session 2

6. Constitution of Municipal areas: contd.This part is to be adopted as per State specific scenario. • on the expiry of three months from the date of publication of the notification in the Official Gazette and two leading newspapers the Governor may constitute such town a municipal area under this Act. Training Module on 'Audit of ULB' Session 2

7. Classification of Municipal areas:This part is to be adopted as per State specific scenario. Group A population above 2,15,000 Group B population above 1,70,000 but not exceeding 2,15,000 Group C population above 85,000 but not exceeding 1,70,000 Group D population above 35,000 but not exceeding 85,000 Group E population not exceeding 35,000 Training Module on 'Audit of ULB' Session 2

8. Power of State Government • The State Government may by notification- • withdraw any municipal area from the operation of this Act; or • exclude from a municipal area any local area comprised therein; or Training Module on 'Audit of ULB' Session 2

9. Power of State Government • include within a municipal area any local area contiguous to the same; or • unite two or more municipal areas; or • revise or redefine the boundaries or limits of a municipal area. Training Module on 'Audit of ULB' Session 2

10. Municipal Authorities • The municipal authorities charged with the responsibility of carrying out the duties and functions shall, for each municipal area, be as follows: • The Municipality, • The Chairman-in-Council, and • The Chairman. Training Module on 'Audit of ULB' Session 2

11. Municipal Authoritiescontd. • In a municipal corporation like KMC and other Municipal Corporations, the municipal authorities are: • the Corporation • the Mayor-in-Council’ and • the Mayor. Training Module on 'Audit of ULB' Session 2

12. The Municipality / Municipal Corporation • The municipality for a town shall mean the Board of Councillors charged with the authority of municipal government of the town. Training Module on 'Audit of ULB' Session 2

13. The Municipality / Municipal Corporation • The Municipal Board consists of- • such no. of elected members as there are wards within the municipal area, • persons having special knowledge or experience in municipal administration. Training Module on 'Audit of ULB' Session 2

14. Board of Councillors • The Councillors, and the members, shall constitute the Board of Councillors. Training Module on 'Audit of ULB' Session 2

15. Board of Councillors • The Board of Councillors shall hold office for a period of 5 years from the date appointed for its first meeting after the general election. • This Board shall continue in office till the next Board assumes office. Training Module on 'Audit of ULB' Session 2

16. Board of Councillors • All the powers or functions vested with the municipal authorities shall be exercised by such person or persons to be designated as the Administrator or the Board of Administrator as the State Government may, by notification, appoint. Training Module on 'Audit of ULB' Session 2

17. Chairman-in-Council: It consists of: • Chairman • Vice-Chairman and • members not exceeding five (for Gr.-A municipal area), four (for Gr.-B municipal area), and three (for Gr.-C municipal area). Training Module on 'Audit of ULB' Session 2

18. Chairman-in-Council: contd. • In case of Gr.-D & E category municipality, powers and functions vested with the Chairman-in-Council shall be performed by the Chairman; • The Vice Chairman and the other members shall be nominated by the Chairman from amongst the Councillors of the municipality. Training Module on 'Audit of ULB' Session 2

19. Chairman-in-Council: • All executive powers of the municipality shall vest in the Chairman-in-Council. • The Chairman-in-Council shall be collectively responsible to the municipality. Training Module on 'Audit of ULB' Session 2

20. Chairman • Executive head of the municipality • Controls the municipal administration. • Allocates the business among the members of the Chairman-in-Council. Training Module on 'Audit of ULB' Session 2

21. Chairman • Transacts any business or make any order authorized by any law in force • Shall not act in opposition to any decision of the Board of Councillors. Training Module on 'Audit of ULB' Session 2

22. The Mayor-in-Council Consists of • The Mayor, • The Dy. Mayor and • not more than 10 other elected members of the corporation. Training Module on 'Audit of ULB' Session 2

23. The Mayor-in-Council • The manner of transaction of business of the Mayor-in-Council shall be determined by the Corporation by regulations. • The Mayor-in-Council shall be collectively responsible to the Corporation. Training Module on 'Audit of ULB' Session 2

24. Municipal Accounts Committee in Kolkata Municipal Corporation • The Committee may consist of: • Not less than five and more than seven persons elected by the members of the Corporation from amongst themselves. Training Module on 'Audit of ULB' Session 2

25. Municipal Accounts Committee in Kolkata Municipal Corporation • Persons, both being the members, officers or employees of the corporation and not exceeding two in number, nominated by the Corporation. • Chairman, elected from the members of the Municipal Accounts Committee. Training Module on 'Audit of ULB' Session 2

26. Duty of the Municipal Accounts Committee To examine • the appropriation accounts • the annual financial accounts • the audit report. Training Module on 'Audit of ULB' Session 2

27. Municipal Accounts Committee in Kolkata Municipal Corporation • submission of MAC report to the Corporation. • To consider the report of the auditors in cases where the Corporation requires them to conduct a special audit of any receipt or expenditure. Training Module on 'Audit of ULB' Session 2

28. Municipal Accounts Committee in Kolkata Municipal Corporation • The manner of transaction of business of the Municipal Accounts Committee shall be such as may be determined by the Corporation by regulations. Training Module on 'Audit of ULB' Session 2

29. Functions of Municipality(This part is to be adopted as per State specific scenario) • Public Works like: • Supply of Water for public and private purposes; Training Module on 'Audit of ULB' Session 2

30. Functions of Municipality(This part is to be adopted as per State specific scenario) • Construction, maintenance and cleansing of- • sewerage and drainage works; public latrines urinals; public streets etc. Training Module on 'Audit of ULB' Session 2

31. Functions of Municipality(This part is to be adopted as per State specific scenario) • Lighting of public streets; • Supply of water for fire fitting purposes; • Maintenance of monuments etc. Training Module on 'Audit of ULB' Session 2

32. Functions of Municipality • Public Health and Sanitation like: • Disposal of solid and liquid based including polluted matters; • Reclamation of un-healthy localities; • Regulating and abating offensive and dangerous trades or practices; Training Module on 'Audit of ULB' Session 2

33. Functions of Municipality • Ensuring wholesomeness of drinking water; • Maintenance of sources of water supply; • public immunization / vaccination and inoculation; Training Module on 'Audit of ULB' Session 2

34. Functions of Municipality • Town Planning and development: • Devising town planning; • Improvement of bustees; • Control of regular lines of streets, building operations; Training Module on 'Audit of ULB' Session 2

35. Functions of Municipality • Coordination of activities relating to laying and maintenance of underground pipelines, cables etc.; • Development of congested areas and new areas for providing better living conditions; • Measures for beautification of the township; Training Module on 'Audit of ULB' Session 2

36. Functions of Municipality • Administration like: • Survey of buildings, lands; • Securing or removal of dangerous buildings and places; • Registrations of births and deaths; • Drawing up an Annual Administrative Report and submission of the same to the State Government; Training Module on 'Audit of ULB' Session 2

37. Functions of Municipality • Compilation and maintenance of records and statistics relating to the administrative functions of the municipality; • Maintenance and development of properties vested in or entrusted with the municipality; • Protecting public properties and civil properties Training Module on 'Audit of ULB' Session 2

38. Transfer of functions of State Government • The State Government may transfer to the municipality any functions and duties on the following matters:- • Town and country planning, • Urban development, • Water supply and sanitation, Training Module on 'Audit of ULB' Session 2

39. Transfer of functions of State Government • Employment schemes and programmes, • Relief and social welfare, • Public works, • Food and supplies, • Civil defence etc. Training Module on 'Audit of ULB' Session 2

40. Power of Municipality to transfer function to any organisation • The municipality may, transfer, any function or functions of the municipality to any government organisation. • Prior approval of the State Government is necessary. Training Module on 'Audit of ULB' Session 2

41. Powers and functions of the Mayor • allocate among the members of the Mayor-in-Council such business and in such manner as he thinks fit. • take any action subject to the approval or concurrence of the Mayor-in-Council. Training Module on 'Audit of ULB' Session 2

42. Powers and functions of the Mayor • in emergency case, may direct the execution of any work without the approval or sanction of the competent authority and may direct that the expenses for such execution or doing shall be paid from Municipal Fund. Training Module on 'Audit of ULB' Session 2

43. Power and functions of the Municipal Commissioner • Principal executive officer; • assign the duties, and supervise and control the acts and proceedings, of all officers and employees; Training Module on 'Audit of ULB' Session 2

44. Power and functions of the Municipal Commissioner • custodian of all records other than paper and documents connected with the proceedings of the corporation and shall preserve the same. Training Module on 'Audit of ULB' Session 2

45. Powers and functions of the Municipal Secretary • secretary to the Corporation; • secretary to the Municipal Accounts Committee; • exercise powers and discharge functions as conferred by the Municipal Commissioner. The End Training Module on 'Audit of ULB' Session 2

46. Powers and functions of the Municipal Secretary • custodian of all papers and documents connected with the proceedings of the corporation and the Municipal Accounts Committee. The End Training Module on 'Audit of ULB' Session 2