Telangana assembly passes new municipalities bill

The Telangana Assembly Friday passed a municipal bill which proposes citizen-friendly initiatives such as self-assessment of property tax and tough measures including disqualification of elected members for failure to ensure the survival of 85 percent of plants under the green drive. The Telangana Municipalities Bill, 2019 also provides for the demolition of unauthorized constructions without notice and building permission through the online facility for buildings coming up on an area of up to 500 sq meters with a height of the ceiling at 10 meters.

"If an unauthorized construction is started, no notice will be given, it will be demolished. It will be an immediate demolition in case of unauthorized construction," Chief Minister K Chandrasekhar Rao, who moved the bill, said. The bill also provides for self-certification for paying property tax.

It proposes a penalty of up to 25 times if a landlord is found to have furnished wrong information. The veracity of the claims would be checked by flying squads, under the supervision of district collectors.

Rao also announced that the urban poor can construct a house (ground plus one floor) on a small plot without having to apply for permission from the municipality. They would have to pay a house tax of only Rs 100 per annum. Such beneficiaries, however, must register with the municipality at a nominal charge of Re 1 in order to get civic facilities, he said.

Saying that 'oxygen clubs' were coming up in the city, Rao stressed the need to promote greenery. According to the bill, one of the responsibilities of the municipal chairperson is to constitute a green cell and earmark 10 percent of funds in the budget and take up plantation as decided by the district-level committee headed by the District Collector.

The chairperson needs to take up plantation in his/her ward and ensure the survival of 85 percent of such plantations. The municipal ward member or designated special officer can be removed from their posts if they fail to ensure the survival of 85 percent of plantations.

Explaining that complacency and carelessness have grown among employees as they worked at the same place for years, Rao said a provision has been made for them to be transferred anywhere. This move is aimed at eliminating corruption and reducing inconvenience to people, he said. He said new door numbers would be given to each house, which would have a QR code. This would be useful for, among others, in the prevention of crimes, he said.

Those contesting in local body elections must read the new legislation, he said. There would be only municipalities and municipal corporations and no other urban local bodies.

The number of municipalities and municipal corporations in the state would be 128 and 13 respectively. Congress Legislature Party (CLP) leader M Bhatti Vikramarka, who spoke on the bill, said the spirit of democracy and 'Gram Swarajya' should not be lost with the Collectors being given powers over elected representatives.

Rao, however, said the government does not intend to take away the powers of local bodies. According to the Bill, the preparation of electoral rolls for and the conduct of elections to all municipalities in the state shall be under the superintendence, direction, and control of the State Election Commission.

All elections to Municipalities shall be held under the supervision and control of the State Election Commission. For this purpose, the SEC shall have the power to give such directions as deemed necessary to the commissioner and director of municipal administration and other officials.

It further said the schedule for the elections shall be communicated by the state government to the SEC after having decided the date of notification and date of conduct of an election, including the date of the election for the post of the chairperson or Mayor and vice-chairman and other such members. TRS working president KT Rama Rao, who had an informal interaction with media persons, welcomed the Act, saying it would root out corruption and promote transparency.

Meanwhile, the BJP state unit urged Governor E S L Narasimhan to send back the Act, alleging that many provisions in it are "against the basic structure of the Constitution." "The Telangana Municipalities Act, 2019 is contrary to Article 243 ZA (2) of the Constitution of India. Section 195(1) of the Act takes away the powers of the State Election Commission..." "It takes away the discretionary discretionary power of the State Election Commission for fixing the dates. Now the State Election Commission is a puppet in the hands of the state government," a memorandum submitted to the Governor by a BJP delegation said.

The power vested with the state legislature is not absolute and must be exercised judiciously, it said. The delegation comprised former Union Minister Bandaru Dattatreya and others.