Question

Powers and functions of municipality

Answer 1

Mark as a brainlist dood plz

I think it is help u

There r few points from our text book

1) Obligatpry function

2)Discretionary functions and

3) Functions delegated by the State Government.

The main functions of Municipality in India are:

The construction, diversion, maintenance and improvement of streets, bridges, squares, gardens, tanks, ghats, wells, channels, drains, latrines and urinals;

The watering and cleaning of streets;

Lighting;

Water-supply;

Conservancy including sewage disposal;

Acquiring, keeping and equipping of open spaces for public purposes;

Planting and preservation of trees;

Construction of dwelling houses;

Maintenance and improvement of education;

Construction and maintenance of hospitals, dispensaries, orphanages, maternity houses, dharmasalas, guest houses etc.;

Promotion of vaccination;

Prevention of the spread of dangerous diseases;

Construction and maintenance of municipal markets and slaughter houses;

Assistance to public libraries;

Giving of relief in time of famine, scarcity or any other natural calamity;

Urban Planning including town planning;

Disposal of the dead animals or bodies;

Establishment and maintenance of burial grounds;

Implementation of the planning in the municipal area as a part of the district plans;

Development etc;

Regulation of slaughter houses and tanneries;

Fire Services;

Urban forestry and protection of the environment;

Safeguarding the interest of the weaker section;

Slum improvement and up-gradation;

Promotion of urban amenities;

Registration of births and deaths;

Regulation of slaughter houses and tanneries;

Adult education and non-formal education;

Health and family planning;

Answer 2

Powers and functions of municipality




Powers, Functions, And Duties Of Municipality

Municipalities are public corporations created by the legislature for political purposes, with political powers, to be exercised for purposes related to the public good, in the administration of civil government[i].  Municipalities are instruments of government subject at all times to the control of the legislature with respect to their duration, powers, rights, and property[ii].

It is a basic principle of law of municipal corporations that such corporations possess and can legally exercise only such powers that are expressly granted[iii].  Generally, municipalities possess only such powers conferred upon them by the legislature.  It is well settled that municipal corporations have no inherent powers and can exercise only those powers which were expressly granted to them by a statute[iv].

In Osceola v. Whistle, 241 Ark. 604 (Ark. 1966), the court observed that a municipal corporation possesses and can exercise the following powers:  First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation.

Generally, a state legislature cannot delegate to municipalities its power to enact laws of a general nature.  However, the authority of a state to regulate under federal statutes includes the authority to delegate the enactment of local regulations to local authorities.  It is to be noted that the legislature may delegate to municipal corporations the power to adopt and enforce particular ordinances, even though general statutes exist relating to the same subjects.  A municipal corporation may exercise police power on municipal concerns which are also proper for state legislation[v].  Therefore, a state legislature can delegate its power to a municipal corporation for municipal purposes, to be exercised within the municipal limits, police power, the power of taxation, and the power of eminent domain.

Generally, the powers delegated to municipal corporations are strictly construed.  However, the rule of strict construction cannot be used to defeat the purpose for which the power is granted, and a liberal construction of a corporate power will be adopted to fulfill the intention of the legislature.  Similarly, the rule of strict construction will not apply to the mode adopted by the municipality to carry into effect powers granted, if the mode is not limited or prescribed by the legislature, and is left to the discretion of the municipal authorities[vi].

It is to be noted that a municipality cannot transfer control of its governmental functions to another entity, if there is no specific constitutional authorization.  In Belleview v. Belleview Fire Fighters, 367 So. 2d 1086 (Fla. Dist. Ct. App. 1st Dist. 1979), the court observed that a municipality cannot contract away the exercise of its police powers.

Municipal corporations exist and act in a dual capacity as:

Public or governmental,Private or proprietary.