Thursday, 24 November 2011

Government hands over local bodies to the bureaucrats : trifurcation of MCD is violation of the provisions of Constitution

 The decision of trifurcation of MCD has been done by the Government in haste and under political conspiracy - Vijender Gupta

BJP Delhi Pradesh President Shri Vijender Gupta has said that the trifurcation of MCD by the Congress Government has been done under a political conspiracy and ill will.  This trifurcation is contrary to the provisions of the Constitution.  By dividing the MCD the Congress Government has violated the principle of autonomy to the local bodies as provided in the the Constitution and handed over the powers of the Corporation to the State Government and bureaucrats and by doing so it wants to benefit by collecting taxes, but intentionally wants to weaken the Corporation economically.

            Shri Gupta was attracting the attention of the press persons to the difficulties and shortcomings arising out of approval of the decision for trifurcation of MCD by Home Ministry.  He told that the press persons that by creating a post of Director Local Bodies by adding section 484-A in the DMC Act Delhi Government has tried to keep its control over the new Corporations and it is a political conspiracy.  Due to this many types of administrative and legal complications will arise and the work in all the three Corporations will be hindered.  By creating the post of Director, Delhi Government had tried to grab the powers of the local bodies which will have far reaching adverse consequences on the people. 

            He told that under the Delhi Municipal Corporation (Amendment Bill) 2011 the Government has made provisions for the utilisation of sanitary, land fill sites, slaughter houses, auto workshops, technical labs, central stores etc. by the three Corporations in their respective areas under which these facilities are available.  Besides this the Government has also amended the provision for the distribution and utilisation of these facilities on the advise of the Municipal Commissioner.  Due to which it is not clear that how the Corporations will utilise these facilities under whose area these facilities are not available.  Due to this there will be differences in the three Corporations and the people will have to face difficulties.

            The Government has given the powers to impose taxes, rent, fee, penalty etc. to the Corporations, but it has kept the fund collected from toll tax under itself and has given the Director of Local Bodies unlimited powers for dividing the Corporations.  Due to this the importance of public representatives will decline and the influence of bureaucracy will increase.  The Director of Local Bodies has been given the power to divide taxes on the basis of the population of Corporation, area and the collected revenue. Due to this many administrative and legal complications will arise and development will be hindered.

            Shri Gupta told that the Government has given Delhi Finance Corporation the powers to divide the assets and liabilities of the Corporation.  On the basis of section 107-A (1)(C) of the DMC Act 1957 the Government has given this power to the Delhi Finance Corporation which is contrary to the basic spirit of empowering local bodies and decentralisation of power in the Constitution.  Delhi Finance Corporation will discharge its function after taking advise from the Commissioners of three Corporations.  Here the public representatives, Mayor, Deputy Mayor have been deprived of the powers to discharge their duties.  This is also violation of the provisions of constitution.  Instead of developing Delhi Congress Government is doing such manipulation and unconstitutional methods for its political benefits

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