Legal Framework
In the Hyderabad Urban Agglomeration, there are twelve municipalities apart from the Municipal Corporation of Hyderabad. A number of institutions are involved in the governance of the city of Hyderabad and surrounding municipalities. Some of them were established through Acts of legislature and others are a part of state's governance framework. The institutions established by law are given in table below. Institutions established by law
Hyderabad Municipal Corporation
Hyderabad Municipal Corporation Act 1955
12 surrounding municipalities
AP Municipalities Act 1965
Hyderabad Metropolitan Water Supply and Sewerage Board (HMWSSB)
HMWSSB Act 1989 (Act no. 15 of 1989)
Hyderabad Urban Development Authority (HUDA)
Andhra Pradesh Urban (Dev.) Act 1975
Andhra Pradesh Pollution Control Board
Water (protection and control of pollution) Act, 1974
Urban local bodies in the state are governed by two important legislations viz., Hyderabad Municipal Corporation Act 1955 and the Andhra Pradesh Municipalities Act 1965. The former Act extends to all the 14 municipal corporations in the city and the latter applies to all the municipalities. The Acts specify the governance framework, the spatial jurisdiction and the functional domain of the local bodies.
Functional Domain
The functional domain of local bodies in the state is derived from respective legislations. The Municipal Acts list the functions under two categories, namely, "Obligatory Functions" and "Discretionary Functions". The functional domain was expanded in 1994 as per the 12th Schedule of the 74th Constitution Amendment Act. In Andhra Pradesh, the Municipalities and Corporation Acts provide for a majority of the functions listed in the 12th Schedule of the constitution. They include:
Urban Planning including Town Planning
Regulation of land use and construction of buildings
Roads and bridges
Water supply for domestic, industrial and commercial purposes
Public health, sanitation, conservancy and solid waste management
Slum improvement and upgradation
Provision of urban amenities and facilities such as parks, gardens, play grounds
Burials and burial ground; cremations, cremation grounds and electric crematoriums
Cattle ponds; prevention of cruelty to animals
Vital statistics including registration of births and death
Public amenities including street lighting, parking lots, bus stops and public conveniences.
Regulation of slaughter houses and tanneries
In 2004 the Government after a review of functions of urban local bodies, transferred five more functions to the urban local bodies through government orders. They are:
Planning for economic and social development
Urban forestry, protection of the environment and promotion of ecological aspects
Urban Poverty alleviation
Safeguarding the interest of weaker sections including the handicapped and mentally retarded
Promotion of cultural and aesthetic aspects.
The Government decided that the remaining function i.e. Fire Services should remain with the state government and will be transferred after a review later. Though the five functions were transferred, they have no statutory basis. There are several issues in the transfer of functions of state agencies to the local bodies. Transfer of functions need follow up legislation, institutional capacity of the local bodies, financial resources, etc., which come in the way of transfer of these functions to the urban local bodies. It is also expected that the transfer of functions will be followed by transfer of officials as well as resources. However, transfer has not happened in the state thereby leaving the transferred functions only on paper.
Institutional Framework
At the helm of the MCH there is the corporation democratically elected by the civic community as per the 74th CAA. The present council was elected in 2002 and has a five-year tenure. As per the 74th CAA, ten wards committees have been constituted and they are endowed with the functions of maintenance of sanitation, water supply and drainage, street lighting, roads, markets, parks and playgrounds and school buildings. They also review the revenue collection, prepare draft annual budget, and send it to the council for incorporation in the city's annual budget
Institutional framework can be discussed at two levels viz. internal administrative structure and the agencies external to the ULBs but connected with them in development and service delivery. The commissioner, who is always drawn from IAS, heads the Municipal Corporation. He is assisted by a number of Additional Commissioners in the area of finance, administration, projects, UCD, transport, works etc. The city administration is decentralized at zonal and circle levels. The city is divided into four zones and they are further divided into seven circles for administrative convenience (see organogram).
The organization of surrounding municipalities is much similar. The civic administration headed by the commissioner belonging to the cadre of state municipal commissioners. He is assisted by a group of officials in the areas of town planning, Health, Public Health, Engineering, Poverty, etc. In administration, he is assisted by a Manager. The Organogram of MCH (figure 3.1) gives the details.
Apart from the local bodies, a number of government institutions are associated with the governance of the HUA. They include
State government Agencies
Municipal Administration and Urban Development Department
Directorate of Municipal Administration (DMA)
Directorate of Town and Country Planning (DTCP)
Public Health Engineering Department (PHED)
Medical and Health Department
Revenue Department
Municipal Administration and Urban Development Department
Directorate of Municipal Administration (DMA)
Directorate of Town and Country Planning (DTCP)
Public Health Engineering Department (PHED)
Medical and Health Department
Parastatals:
Hyderabad Metropolitan Water Supply and sewerage Board (HMWSSB)
Hyderabad Urban Development Authority (HUDA)
Quli Qutb shah Urban Development Authority (QQSUDA)
Cyberabad Development Authority (CDA)
Buddha Purnima Project Authority (BPPA)
Hyderabad Airport Development Authority (HADA)
AP State Highways Authority
AP State Road Transport Corporation (APSRTC)
AP Transmission Corporation (AP Transco)
AP Housing Board (APHB)
AP Pollution Control Board (APPCB)
AP Industrial Infrastructure Development Corporation (APIIC)
Organization Structure of MCH
The Organization structure of MCH gives an overview of state level agencies operating in HUA. Each of the institutions listed above have specific functions and liase with local government institutions in planning the provision of infrastructure and delivery of services. There are also central government institutions like railways, which are responsible for the provision of services in the city. In the absence of a coordinating agency, there are several constraints in the integrated and comprehensive planning and delivery of services. Interdepartmental coordination is one of the prominent issues and conflict that are becoming difficult to address or resolve even at the level of heads of the service delivery agencies. It is observed that the citizen is often concerned with the quality of service rather than who is delivering the service. The service delivery often suffers because more than one agency is involved and there is no mechanism for ensuring inters agency coordination.
To illustrate, there are a number of agencies dealing with road infrastructure both construction and service delivery, and there is no clear distinction of scope. This is clear from the Figure 3.4. Road management is a key co-ordination issue and it can be built and maintained but the multiplicity in agencies involved making the task difficult. Road infrastructure development could suffer due to lack of co-ordination between agencies. As a consequence, the traffic and transportation in the city faces uphill tasks with increased travel time, traffic congestion etc.
Key Issues in Metropolitan Governance
The city governance, as observed earlier, is characterized by multiplicity of agencies. This results in lack of inter department coordination which is a serious roadblock plaguing the municipal governance. The agencies have their own priorities, procedures, lines of accountability, financing patterns, which often may not be in conformity with those of the MCH and the ULBs. The critical issues that emerge from the existence of multiple agencies include:
Spatial and functional fragmentation
Overlapping functions
Multiple accountability lines
High service delivery gaps, and
Increasing urban poverty
These and other key challenges are discussed below.
Lack of Clarity in Local Functions
The Constitution (74th Amendment) Act, 1992 envisages that the functions listed in the 12th schedule be entrusted to elected municipalities. This is with a view to minimize ambiguities and overlapping of functions between local bodies and other authorities. However, in practice, several agencies are responsible for the functions and in some cases, local bodies have no role.
Inter-Institutional Conflicts
Inter-jurisdictional and inter-institutional conflicts between public service planners and providers are common in metropolitan administration. District heads of departments, heads of parastatals and elected and non-elected officials of local bodies are required to coordinate their works on a day-to-day basis. The large number of departments, institutions, local authorities, agencies and officers undertaking similar, related or over-lapping functions or functions that are not clearly defined lead to conflicts in operation. Moreover, the various agencies operate over the same or overlapping jurisdictions and are not in a position to fully understand or evaluate the backward and forward linkages associated with these functions. Inter-institutional externalities, which occur abundantly in metropolitan economies, account for most problems of metropolitan management. They call for effective coordination and mitigation mechanisms to be put in place.
Inter-Municipal Coordination
Hyderabad Urban Agglomeration has Hyderabad Municipal Corporation and the twelve municipalities surrounding it. The Municipal Corporation and Municipalities are separate legal entities having their own management structures. The Municipal Corporation of Hyderabad has a system of elected Mayor but without executive power. In municipalities, the chairpersons have certain executive powers. Each municipal authority has its own independent administration. There is no formal mechanism to ensure that the largest city, i.e. Hyderabad and smaller municipalities work on a common plan of action to ensure that
metropolitan area is developed in an integrated manner.
Municipal-Parastatal Coordination
There is a lack of coordination between urban local bodies and parastatals in areas such as inter-municipal, inter-district and inter-state roads, inter-municipal storm drainage and sewerage, common amenities like wholesale markets, truck terminals, bus stations, garbage dumping yards, landfill sites etc. The Hyderabad Urban Development Authority takes care of a part of coordinated planning. It prepared a master plan for the Hyderabad Development Area covering all the metro municipal authorities and 125 rural local bodies. The plan provides for common infrastructure systems and amenities, which transcend municipal boundaries. However, the real problem is noticed in plan implementation. There is no clearly defined institutional mechanism to ensure that all roads, which pass through more than one municipality, are developed as per a common road development framework. Similarly there is no mechanism to ensure that storm water drains for the metropolitan area is developed in an integrated manner taking into account geographical factors and the existing and proposed built up patterns. There is also no mechanism to project and ensure infrastructure provision based on built up analysis from time to time. This results in conflict between local bodies and HUDA. The Metropolitan Planning Committee envisaged under the 74th Amendment Act, 1992 has not yet been constituted for Hyderabad
Managerial Coordination Issues
As discussed earlier, the Hyderabad Metropolitan Area has a strong presence of the State Government Departments and several parastatals, Central Government agencies including Secunderabad Cantonment Board, Airport Authority of India, South Central Railways, Archaeological Survey of India, urban and rural local bodies and a strong presence of civil society organizations. Thus, there are many managers connected with metropolitan service delivery and infrastructure and management. All these make the task of metropolitan management highly complex and difficult. In addition to general coordination between urban
and rural local authorities, there are several inter-departmental and inter-institutional coordination issues, which arise, in day-to-day administration of the metropolitan area.
Jurisdictional Issues
While subsidiarity is a desirable principle that can be adopted as a guide to draw boundaries for various metropolitan functions, it is not possible to arrive at a common boundary for all services. The geographical area required to internalize the costs and benefits of a service like urban planning may not be the same for another service like urban transport or water supply or storm drainage. However, a large enough an area would be in a position to internalize most of the dimensions of key local services. The whole idea is to contain the spill over externalities so that the benefit districts match the revenue districts. If such matching is not ensured there will be perennial problems of service revenues falling short of service costs, mounting interinstitutional conflicts, increased cost of public administration, lack of integrated development
and imposition of high social costs on the public. Thus, it is important that jurisdictional issues are sorted out carefully. While keeping the costs of metropolitan administration low, exploitation of the development potential of the metro area and its contribution to national wealth and income should be the primary consideration for metropolitan spatial organization.
Grievance Redressal
The grievance redressal mechanisms in the city are weak and the people are made to run from pillar to post for grievance redressal. There is also no proper platform to provide information to the citizen on all services. Lack of awareness and information is affecting the citizen's access to grievance redressal. Though citizen charters were established for the service providing agencies, majority of the public is not aware of the duties and rights under the same. There is a need to address these institutional and other challenges to provide good governance to the city. Unless the roadblocks are removed, economic development is hampered and efficient service delivery becomes difficult. This adversely impacts the community - particularly the poor. There is need, therefore, to restructure the governance framework, remove the roadblocks and streamline the lines of accountability. The governance reforms become all the more critical in the context of Hyderabad becoming more competitive and investment destination. The city should offer high quality services and promote inclusiveness and citizen friendly governance institutions. Only where it is environment friendly and is well governed the vision of the city can be realized. The institutional strategies required include:
Spatial integration of MCH and surrounding municipalities for better planning and delivery of services.
Establishing clear lines of accountability of all service delivery agencies, and
Constituting autonomous service delivery agencies in different sectors like water and sanitation, transport, roads, solid waste management etc.
Performance based memorandum of understanding between the corporation and various service delivery agencies focusing on targets and outcomes.
This proposed governance arrangements are shown in the figure 3.5:
Within this overall framework institutional and implementation mechanisms need to be worked out. They include
Establishing a Reform Monitoring Unit as a oversight body to monitor the reforms underway and being proposed;
Strengthening local government capacities by outsourcing the project management and M&E functions;
Establishing appraisal institutions and processes;
The institutional and governance reform strategies include;
Strengthening decentralization - 74th CAA
Evolving inclusive governance mechanisms
Institutional integration
Evolving partnerships for service delivery
Establishing coordination mechanisms to overcome spatial and functional fragmentation