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Facts and Myths about the Powers of Municipal Councils
Goa is a small State, with a small population. Its demographic vital statistics are poor compared to the overall Indian context. Goa, however, possesses its own peculiar culture. There is harmony between its two major communities—Hindu and Catholic--and generally the people live a tension-free life. The State requires basic infrastructural amenities, to be provided for by the local self-government—a Village Panchayat at the rural level and the Municipal Council at the urban level. For a very long time, Goa was ruled by the Portuguese. They colonial rulers were controlling the local governments by way of various Legislative Diplomas and Portarias. There was a Regedor to look after the villages and the Camara Municipais to look after the towns. There were 11 camaras, each having a jurisdiction of the entire taluka e.g. Camara Municipal de Mapuca was having control over the entire Bardez Taluka. They regulated the planning and development process in whatever small scale that was needed then, as well as issued the construction licences. After Goa’s Liberation on December 19, 1961, the Village Panchayats set up was adopted to bring villages in consonance with the Indian laws. The Municipal law itself was also changed. With the introduction of the Goa Municipalities Act, 1968, the Camaras were converted into Municipal councils with a limited jurisdiction over the urban areas only, and with greatly reduced control. The Government thought fit to enact the Goa Town & Country Planning Act, 1974, to consolidate the planning and development process and to provide full civic and social amenities for the people as well as to introduce the Town Planning schemes, thus taking away most of the powers of the Municipal Council. As the years went by, the Municipal Councils became weak and ineffective on account of a variety of reasons—failure to hold regular elections, appointment of Government bureaucrats as administrators, inadequate devolution of powers--as a result of which the Municipal Councils were not performing as they should. The only reference in the Constitution of India of the Urban Local Bodies is found in Item No.5 of the State List of schedule 7, Item No.5: Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities for the purpose of local self-government or village administration. The State Governments generally thought that the Municipal Councils were usurpers of power and hence the latter were not given powers, and/or the powers were delegated to bureaucrats. Having regard to these inadequacies, the Seventy-Fourth Constitution Amendment Act, 1992, which came into effect from 1-6-1993, was incorporated by the Parliament more particularly for the functions and taxation powers of the local bodies, revenue sharing, timely lections, adequate representation to women and weaker sections. A whole new Part IX-A was added to the Constitution and Articles 243P-243 ZG were introduced with Constitution and Composition of Municipalities, Wards Committees, reservation of seats, duration of the Council, disqualification for membership, Powers, authority and responsibilities of Municipalities, power to impose Taxes by and funds of the Municipalities, Finance Commission, Audit of Accounts of the Municipalities, Elections to the Municipalities, application to Union Territory and certain areas, District Planning Committee, Metropolitan Planning Committee, repeal of existing laws, and a bar of Court interference in electoral matters. All the above powers are to have clear cut bylaws and specifications on procedures of construction and development with foresight, to include all sections of people, with special emphasis on safety and convenience. Unfortunately, no bylaws exist and hence our civic amenities are in a shambles. While each of the above duties is extremely wide in its application, most of them are being performed by the State government while the Municipality is happily abdicating its responsibility. Under poverty alleviation and slum improvement, the Municipality can promote numerous schemes to people, because these funds are made available by the Central government. Although powers have been vested with the 130 Councillors and 13 Chairpersons and Chief Officers. Each municipality has huge financial resources at its disposal but few Councillors, if any, know of these. Therefore they rely on the State government to do all the planning. Municipalities also have the powers to raise funds and levy taxes. Taxes on hoardings and advertising space can be sold in public areas, taxes on building, land tax can also be levied thereby bringing income to the municipality and the funds can be rolled into other development works. Unfortunately, our Councillors lack vision and zeal to work for the people. Plight of the Goan Dalit
Many Goans would not like to acknowledge or are ignorant of the existence of the caste system. The caste system is still very much an integral part of our lives, be it among Hindus or Catholics. The discrimination always simmers below the surface and comes to the fore on important occasions like marriage or death (like the recent controversy in Canca-Verla). The Mahars are the Mull-gaonkars or original owners of the land and consist of about 3-5 % of the Goan population. Mahars, the largest group, makes up for about a third of the population, the remaining quarter comprises of Bhangi’s and Chamars. While the Chamars have moved upwards economically due to the cost of leather, the Mahars and Bhangis have only got further marginalised. Although the Dalits--Mhars, Chamars and other smaller groups of OBC--are the most despised and discriminated, they have also been used by society (for centuries) to do all the menial jobs. We do not have a problem about employing a Mhar women to fill water for us, but when she is thirsty, she is given a separate glass. Till the mid-70’s they had to carry night soil on their heads and dispose of it. In many villages, the Mahars have to chop the wood and set the funeral pyre and wait long after every body has left (till the fire is off). Till today, a dalit will not dare touch the clothes of an upper caste Hindu, nor will an upper caste eat or even drink water at a dalit’s house. This section of people has also been exploited by the politician for their votes. Tired of the discrimination meted out to them, a large number of Dalits embraced Buddhism to commemorate the birth centenary of Ambedkar. They chose Buddhism for they were much inspired by the virtues of respect for all forms of life, equality and peaceful co-existence, preached by the religion. However, when these neo-converts refused to do the demeaning jobs expected of them in the village, they were harassed by the upper caste, and those in Mandrem even had their houses stoned. The caste is not only restricted to Hindus but to Catholics as well. After conversions the Catholics carried their caste to their new religion. Though it is not so discriminating among Catholics, the Catholic Mahars do find themselves segregated in a tiny corner on the periphery of the village, and the name of the vaddo explicitly acknowledges their caste. Regarding Reservation to OBC, it is but natural that if your brother is weak and sickly he will get an extra glass of milk Dalits have been exploited for so may years that they do need a minimum of privileges, and although a laxity in percentage is maintained in the entrance to professional colleges, a dalit boy/girl, who comes from an economically poor background, who lives in a shoddy hut, who has little access to the amenities available to richer students, still has to compete with the rest of the students, because the passing percentage is not reduced for him/her. Those who find their hegemony threatened by lower caste people coming up and cannot oppress and cheat the OBC’s any more, are screaming now against reservation. No amount of reservation and government schemes is going to break the walls of insensitivity, built by the upper caste, until we can accept the dalits as our equals, until we can marry our daughter to a dalit boy and vice versa. A New Political Agenda Needed REGISTERED in August 2000, Goa Su-Raj (Good-Governance) Party is Goa’s newest political party. The party sees its emblem of a lighthouse as the beacon for good governance and an achievable options to Goans, who are sick and tired of the political instability and corruption which plagues Goa. At the Friday Balcao were Floriano Lobo, President of Goa Su-Raj, and Dr N.S. Dumo, founder member of the Party, addressed the participants on “The need for a new political agenda in Goa”. Dr Dumo explained that our political scenario has degraded to such levels that contesting candidates and ministers having criminal cases against them and use money power to win. Honesty, integrity and service for the common man are ideas, long since forsaken. “Politics today is a low risk and high profitability business” and it is the middle class that has borne the biggest brunt of this political degeneration. Floriano Lobo said that while Goan professionals are busy giving their expertise all over the world, Goa has been abandoned into the hands of thieves. It was this frustrating experience of watching Goa ‘going to the dogs’ that prompted like-minded professionals from various walks of Goan society to unite, so as to provide an alternative. Having no political experience, they had many brainstorming sessions on problems plaguing Goa and the possible solutions, before they thought of forming a political party--Goa Su-Raj. Goa Su-Raj is an attempt to revive and rework the strengths of a collective and participatory action. The party does not promise to solve all the problems of the Goan masses but offers support and a platform to the affected, to reform the government administration. Among other things, Goa Su-Raj Party is committed to restoring the Konkani language to its former glory. It has also registered its strongest protest about the recent attempt by the BJP led government to saffronise government-run primary schools. Goa Su-Raj Party also has a clear mandate to protect the Goan environment and is against Meta Strips , Mopa airport, SEZ (Special Economic Zone), Sports City, etc. Goa Su-Raj party was one of the initiators of the protest against the ill-drafted Goa Ground Water Bill, 2000 which was eventually withdrawn by the government. For more information visit Goa Su-Raj Party website at http://www.goasu-raj.com/ GOA DESC
RESOURCE CENTRE
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DR V. R
DESHPRABHU, a Councillor in the Pernem Municipal Council,
was instrumental in the formation of the Forum of Presidents of
Municipal Councils, to highlight the issues faced by Municipal
Councils with regards to controls exercised by the State Government.
At the FRIDAY BALCAO, Dr Deshprabhu analysed the degradation
of the Municipalities, after the gradual withdrawal of their powers,
the visible fallout being that planning went awry. He also
highlighted the systematic devolution of powers to local governing
bodies, in this case the Municipalities, which began in 1992 with
the passing of the 74th Amendment, the very spirit of
which was to get ‘people’s participation at the lowest level of
civic administration’. Dr Deshprabhu said:
A
renewed interest in the Dalit community not only in Goa but in India
as well was generated due to the recently concluded UN's World
Conference Against Racism, Racial Intolerance, Xenophobia and
Related Intolerances at Durban. For thousands of years dalits have
suffered from an unjust social structure, which manifests
itself in the caste system. Even fifty-four years after Independence
the government refuses to acknowledge the problem, said DADU
MANDREKAR in the October 12 session of the Friday Balcao
which dealt with “The Situation of the Dalit Community in
Goa”. Mandrem-based social activist has played a pioneering
role in promoting the rights of Goa’s Dalit community. He propagates
Dr Babasaheb Ambedkar’s vision of a just society. An award winning
writer of three books, he is also the Convenor of the Ambedkar
Social Research Academy and an active member of the Yuganayak
comanisation. He is also an active promoter of the Bhaujan Hitaya
Hostel for girls and boys at Mapusa. Mandrekar
observed: