JOIN USGaps in the BBMP Act, analysed
The new Bruhath Bengaluru Mahanagara Palike (BBMP) Act, 2020 does take decentralisation in the spirit of what the 74th Constitutional Amendment mandates, with the creation of zonal committees, ward committees and area sabhas. But there are big gaps, as an analysis indicates.
The Act, an analysis by Janaagraha notes, does not have provisions for a coherent metropolitan governance system. It does not mandate accountability of parastatals such as Bangalore Development Authority (BDA) and Bangalore Water Supply and Sewerage Board (BWSSB) to the BBMP, and through it, to the citizens.
The Act devolves all 18 functions under the twelfth schedule of the Constitution, compared to 15 (of which six were obligatory) as per the Karnataka Municipal Corporation Act, 1976. “However, in practice, BBMP has at least some role, only in 11 out of the 18 functions under the 12th schedule,” the analysis points out.
Besides, the Mayor / BBMP Council continues to be not empowered over its functionaries. “The Mayor / Council cannot appoint the Municipal Commissioner, and only has recommendatory powers over the appointment / termination / disciplinary action of municipal officials / staff.”
The Act increases the Mayor’s term from 12 months to 30 months. However, the Mayor continues to be indirectly elected by the councillors from amongst themselves.
The analysis flags another lacuna related to the Mayor’s powers: “The Mayor/Council continues to not have the final approving authority over the city’s budget, as the law mandates for final approval from the State.”
The Act empowers the Palike to raise borrowing within the comprehensive debt limitation policy. “However, it is still not authorised to invest surplus funds without prior State approval,” the analysis notes.