Revise KMC Act and avoid limiting number of wards, says CIVIC Bangalore 

By Zahid H Javali

In a 6000-word revised letter to chief minister BS Yediyurappa, CIVIC Bangalore, the 25-year-old non-profit trust aimed at bettering the city, has asked for modifications to the KMC Act rather than pass a new (download BBMP’s new bill here) to take care of all the future needs of the city. Besides, they have made several suggestions to improve governance in the city. CIVIC’s executive trustee Kathyayini Chamaraj says, “We suggest that amendments be brought to the KMC Act itself, rather than a separate Bill only for BBMP as the good points will then be applicable to all municipal corporations, especially those which may be crossing ten lakh population such as Mysuru, and Hubballi-Dharwad, among others.”

No response from CM and bureaucrats so far…

After Chamaraj wrote the first letter in May 2020, the chief minister forwarded it to the additional chief secretary (urban development) and asked him to give a report to the CM and CIVIC. However, even after five months, the NGO has not received any response. “We even wrote to the secretary if we can make a representation so he gets a better picture, but we still have not heard from him,” says Chamaraj. “After a joint select committee was formed in August, we wrote a revised letter to CM.” The letter was also sent to some members of the panel, including PR Ramesh, Dinesh Gundurao, and Krishna Byregowda, but no response from them so far. The other members of the committee include S Raghu, Ravisubramanya, M Krishnappa, M Satish Reddy, Arvind Limbavali, Uday B Garudachar, SR Vishwanath, Narasimha Naik, Ramalinga Reddy, Krishna Byre Gowda, R Manjunath, K Srinivasamurthy, K Govindaraju, M Narayanaswamy, KA Thippeswamy, N Ravikumar, A Deve Gowda and Tejaswini Gowda. 

Civic society discussed the new BBMP Bill

CIVIC held a webinar on August 1 with the topic: ‘Will the BBMP Bill solve Bengaluru’s Problems’. The panelists included former senior bureaucrats Dr A Ravindra, Dr K Jairaj, and Dr V Balasubramanian, Environment Support Group’s Bhargavi Rao, and former member, Bengaluru Restructuring Committee V Ravichandar. You can listen in on this conversation in the audio recording above.

CIVIC also sent a copy to Janaagraha, a non-profit centre for citizenship and democracy. “They held a webinar on the bill, and I presented my comments and suggestions,” says Chamaraj. “Janaagraha asked the participants to give their comments.”

Specific recommendations on the new BBMP Bill

We extract a part of CIVIC’s letter pertaining to the new BBMP Bill below…

  1. The government should get a new BBMP Bill published on the Law Dept., UDD and BBMP websites. The government should conduct wide public consultations before finalising the new BBMP Bill.
  2. Amendments should be made to the KMC Act itself rather than bringing a new Bill for BBMP alone. Instead of cutting and pasting many provisions from the KMC Act ‘as is where is’ and also causing so much dilution by omitting so many sections in the new BBMP Bill, only the good provisions that are needed should be brought in through an Amendment to the KMC Act itself, and make them applicable to all municipal corporations that cross a population of, say, 10 lakhs, such as Mysuru and Hubballi-Dharwad, so that all municipal corporations benefit from the good provisions.
  3. Whatever new provisions are brought in should help to solve Bengaluru’s following problems; otherwise there is no need for a Bill for Bengaluru.
  4. Reduce increasing inequality between the rich and poor; provide decent employment and housing to all; 
  5. Make Bengaluru’s and all other municipal corporations’ development ecologically sustainable; reduce pollution of air, water and soil; make Bengaluru/all municipal corporations  garden cities; 
  6. Allow BBMP/all municipal corporations to be truly local self-governments without control and taking over of municipal council’s functions by the State government, MLAs and MPs;  
  7. The Constitutionally-mandated Metropolitan Planning Committee should be made truly functional and be the true planning body for BBMP and all municipal corporations which cross 10 lakh population; 
  8. All functions necessary to ensure “Planning for Economic Development & Social Justice” which is the chief function of municipalities as per the Nagarpalika Act to be devolved to BBMP/ULBs; 
  9. Bring all multiple parastatals/agencies which are answerable to the State government, such as BWSSB, BMTC, BESCOM and BDA under the MPC /BBMP; 
  10. Curb multiple agencies handling same functions, like those for preservation of lakes; Create umbrella bodies under the MPC, such as an Urban Poverty Management Cell, Integrated Water Management Authority and Urban Mass Transport Authority to oversee and coordinate functions of current multiple agencies; 
  11. Bring in provisions to prevent corruption in BBMP/all municipal corporations by having a Municipal Regulatory Authority and Municipal Ombudsman/Municipal Vigilance Authority;
  12. Bring in Single-Window Information, Grievance and Service Centre in every ward with weekly Janaspandana to get citizens their entitlements and their grievances resolved at their door-step.  
  13.  MLAs and MPs should not be members of the BBMP Council and should not have voting rights.
  14. Coherence needs to be brought between Bills drafted by the National Law School and the new BBMP Bill.
  15. Implementation of KLFAFR Act is desirable for all municipal corporations and not just Bengaluru. 
  16. Colonial powers of Chief Commissioner should be discontinued and the Mayor be given executive powers along with the Mayor-in-Council system. 
  17. An elected representative should be chosen to head Zonal Committees and not Zonal Commissioners.
  18. Recommendations of Ward Committees should be compulsorily implemented and not treated as merely advisory.
  19.  Every Polling Booth Area should be notified as ‘Area’ for Area Sabha.
  20.  Provisions of Street Vendors’ Act should be included in the Bill.
  21.  Solid Waste Management should not be outsourced to contractors.
  22.  Guidelines for the constitution of Ward Committees is needed. 
  23.  Limiting the total number of wards to 225 is a hurdle.  Instead, the maximum area and the maximum population of a ward should be fixed. 

Download CIVIC’s complete letter by clicking here.