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Implementation in West Bengal
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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.

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Item No. 5.-

Water supply for domestic, industrial and commercial purpose.


The matter has been dealt with in section 63(1) ibid, covered by the detailed provisions of Chapter XV of the said Act. It may also be noted that this function has been vested to the municipal authorities much before enactment of the Constitution (74th Amendment) Act, 1992.


Item No. 6. -

Public health, sanitation, conservancy and solid waste management.


This matter has been covered elaborately in section 63(2) ibid, indicating obligatory function of the municipal authorities in this State. The detailed power of the Municipalities in regard to Solid Waste has been stipulated in Chapter XVII ibid, in regard to Public health and sanitation in Chapter XXI (Public safety and Nuisances), Chapter XXII (Restraint of Infection), in regard to conservancy Chapter XVI (Drainage and Sewerage). These powers have been vested to municipal authorities much before enactment of the Constitution (74th Amendment) Act, 1992.


Item No. 7.-

Fire Service.


The matter has been dealt with in section 63(4) and Chapter XVIIIA of the said Act. In this State the matter regarding Fire Services are being governed by the West Bengal Fire Services Act, 1950, and the fire prevention and fire safety measures are being monitored by the West Bengal Fire Service. Now in order to involve the municipal authorities in the matter the said provisions have been incorporated.


Item No. 8.-

Urban forestry, protection of the environment and promotion of ecological aspects.


Various provisions of the said Act and the other statutes for the time being in force have covered this wide-ranging subject. Provisions have been made in order to enable the State Government to transfer the powers vested to it to the Urban Local Bodies of this State as per provisions of section 65 ibid. Forest department is now providing resources to the ULBs for taking up urban forestry programmes.


Item No. 9.-

Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.


Various provisions of the said Act and the other statutes for the time being in force have covered this wide-ranging subject. Provisions for reservation of seats in the Municipalities have been made for the weaker sections of the society in terms of provisions of the West Bengal Municipal Elections Act, 1994 and rules made there under. Apart from this the programme for liberation of scavengers is being implemented vigorously. Programmes for imparting vocational training for the weaker section of the society and handicapped are being implemented in order to make them self-sufficient. Apart from this the schemes for construction of quarters for harijans are also being implemented.


Item No. 10.-

Slum improvement and upgradation.


This matter has been dealt with in sub-section (3) of section 63 ibid, and elaborate provisions in this regard have been made in sections 286 to 290 of the Chapter XIX ibid. These provisions are in force from much before enactment of the Constitution (74th Amendment) Act, 1992.

 
 
  Item
  1

Urban planning including town planning.

  2

Regulation of land-use and construction of buildings.

  3

Planning for economic and social development.

  4

Roads and Bridges.

  5

Water supply for domestic, industrial and commercial purpose.

  6

Public health, sanitation, conservancy and solid waste management.

  7

Fire Service.

  8

Urban forestry, protection of the environment and promotion of ecological aspects.

  9

Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.

  10

Slum improvement and upgradation.

  11

Urban poverty alleviation.

  12

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

  13

Promotion of cultural, educational and aesthetic aspects.

  14

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

  15

Cattle pounds; prevention of cruelty to animals.

  16

Vital statistics including registration of births and deaths.

  17

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

  18

Regulation of slaughter houses and tanneries.



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