STATUS REPORT ON IMPLEMENTATION OF THE TWELFTH SCHEDULE OF THE CONSTITUTION AS PER THE CONSTITUTION (74TH AMENDMENT) ACT, 1992 IN THE STATE OF WEST BENGAL.

Item No. 11.-

Urban poverty alleviation.

The matter regarding Urban poverty alleviation covers a multi dimensional domain including education, creation of job source and development of human resources in other ways. These matters have been dealt with in sections 63 and 64 ibid in a detailed manner. These provisions are in force from much before enactment of the Constitution (74th Amendment) Act, 1992. Apart from this the funds released by the Government of India under different schemes for Urban poverty alleviations are passed on to the Municipal authorities for implementation of Urban poverty alleviation Schemes, namely SJSRY, NSDP, 10th/ 11th Finance Commission and PMGY (Previously BMS) in the municipal areas. Community Development Societies are closely involved in implementation of poverty alleviation programmes.

Item No. 12-

Provision of urban amenities and facilities such as parks,
gardens, and playgrounds.

These matters have been enumerated in sub-section (3)(h) of section 63 ibid enumerating the obligatory functions of the municipal authorities. Provisions for urban amenities in the municipal areas such as water supply, drainage and sewerage, solid waste management, markets and slaughter houses, fire prevention and fire safety, bustee improvement are there in the West Bengal Municipal Act, 1993 in different Chapters namely Chapter XV, XVI, XVII and XVIII. These provisions are in force from much before enactment of the Constitution (74th Amendment) Act, 1992. Recently a scheme has been taken up for development of playgrounds in ULBs to facilitate promotion of games and sports.

Item No. 13.-

Promotion of cultural, educational and aesthetic aspects.

This point has been dealt with in section 63 and section 64 ibid in detailed manner. Apart from this detailed provisions for preservation and conservation of Heritage Buildings and sites have been made in Chapter XIVA ibid. Apart from this Municipalities are being assisted to construct Town Hall/Auditorium, Stadium, develop parks and play grounds. Forest department of this Government has also initiated a scheme to help the municipal authorities in the field of plantation of trees in the municipal areas.

Item No. 14.-

Burial and burial grounds; cremations, cremation grounds and electric crematoriums.

The matter has been dealt with in detailed in Chapter XXIV ibid, and necessary powers in this regard have been vested in the municipal authorities of this State. In regard to construction of Electric crematorium in the municipal areas located on the both sides of the Ganges the State Government is providing necessary help to the municipal authorities under Ganga Action Plan. In the other municipal areas also such crematoriums are being constructed with the help of the State Government.

Item No. 15.-

Cattle pounds; prevention of cruelty to animals.

The matter regarding Cattle pounds has been dealt with in section 64(3)(a) ibid. Regarding prevention of cruelty to animals a separate Act, administered by Animal Resource and Development department, is in force, and the said Act has necessary provisions involving municipal authorities in the matter.

Item No. 16.-

Vital statistics including registration of births and deaths.

A detailed Chapter XXIII, relating to vital statistics and registration of births and deaths, is in existence in the said Act from long before enactment of the said Constitution Amendment Act. The provisions of this Chapter are on the lines of the Registration of Births and Deaths Act, 1969 (a central Act) and the rules made there under.

Item No. 17.-

Public amenities including street lighting, parking lots, bus stops and public conveniences.

These matters are enumerated in section 63(1) ibid as obligatory functions of the Municipalities, and detailed power of the municipal authority, in this regard, has been made in Chapter XIII ibid, and is in existence in the said Act from long before enactment of the said Constitution Amendment Act.

Item No. 18.-

Regulation of slaughter houses and tanneries.

Powers of the Municipalities, in this regard, have been enumerated in detailed manner in Chapter VIII ibid, and are in existence from long before enactment of the said Constitution amendment Act.

It may be noted, in this regard, that the positions of the other Acts governing the Municipal Corporations of this State are similar to the positions stated above. So no further change in the statutes governing the Urban Local Bodies of this State is required to accommodate any provision enumerated in the 12th Schedule of the Constitution of India as inserted by the Constitution (74th Amendment) Act, 1992.